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BHCR 2008 Vol 3 Issue 26

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

It arrived with a crash, bang, wallop...

The plummeting value of some of the largest care

businesses seemed to take the market by surprise –

however, it had been predicted. The issue was who

would be first and how deep would be the wounds.

Now we know.

Southern Cross saw its share value plummet by 75%

in a week, there continue to be concerns about it’s

business model which requires quite a lot of short

term capital and an active and acquisitive real-estate

market to which it can off-load property assets of

businesses it buys up – entering into long term

leases.

Over the last few weeks we have seen a growing list

of care businesses around which there have been

concerns.

Is it all gloom?

Not a bit of it. I expect we will see some ‘old, familiar

names’ re-entering the fray. Shrewd businessmen

smelling a bargain with a value that offers real scope

for up-side. I predict that we will see the likes of

Hamilton Ansted – who made a sweet £40m on the

sale of his business five or six years ago. He has not

spent his entire time on beaches and spending his

cash on pina coladas, he has kept in touch with the

market.

Tony Heywood left Four Seasons very swiftly some

six months ago, I don’t know what he is up

to. However, he too will be able to sniff out value.

Then there is Chai Patel. He saw his reputation

traduced over the cash for honours investigations

and his long term loan to the Labour Party. He is

very experienced and knows the sector extremely

well with a number of successes already chalked

up. He has already reemerged with a new entity,

Court Cavendish, using his own money and is doubtless

ready to make his move.

 

Abuse

1. A new Safeguarding Policy and Dignity

Charter launched in Lancashire

At the Lancashire ‘Learning Together’ Workshop 1st

July for domiciliary care providers the Chairman of

LCA, Sue Lace and the Director of Adult Social Care,

Lancashire County Council, Richard Jones were the

first to sign the Charter, doing so on-line in front of

the audience of mostly domiciliary care providers and

council staff.

To sign the charter on-line:

http://www.lancashirecare.org.uk/

dignity_in_care_charter_sign_up.asp

2. Schwarzenegger Signs Legislation Giving

Elder Abuse Victims Greater Support in

Court

2 July 2008—Imperial Valley News

Governor Arnold Schwarzenegger signed a new law

giving older people and disabled adults the right to

have up to two support persons with them when delivering

difficult testimony in cases of elder abuse.

By allowing a friend or family member in the courtroom

while giving difficult testimony, elderly and disabled

adults will feel more comfortable coming forward

and pressing charges to allow justice to be

served. This legislation not only protects this vulnerable

community but helps to prevent these types of

crimes from happening again,” Governor Schwarzenegger

said.

Schwarzenegger has previously taken steps to protect

California’s older citizens.

Business News

3. Patel on buying spree

6 July 2008 - The Sunday Times

Chai Patel has come out of the shadows with a new

entity, Court Cavendish, which is expected to announce

the acquisition of Care Management

Group. He has also established a new private equity

vehicle, Elysian with a former partner from Doughty

Hanson, Ken Perry.

4. RBS seeks care merger for Priory and Four

Seasons

6 July 2008 - The Sunday Times

It is reported that Royal Bank of Scotland is discussing

the possibility of merging Priory with Four Seasons.

If it happened it would create a business valued

at £2bn.

5. Craegmoor Sale

5 July 2008 - The Times

It appears that the sale of the Craegmoor group of

companies is about to be completed with Advent International

becoming the new owners.

6. Occupancy fears drive down shares in

Southern Cross

5 July 2008 - The Times

Shares fell a further 14.5% as Southern Cross revealed

lower than expected occupancy of its care

homes – a key indicator of its success. There is

speculation that it may be as low as 80%

7. Southern Cross Healthcare Group PLC

4 July 2008

Board Appointments

Southern Cross Healthcare Group PLC confirmed

Richard Midmer joined the Board of Directors

of the Group, following his appointment as Finance

Director announced on 30 June 2008. Southern

Cross also announced a further strengthening of

the Board through the promotion of Kamma Foulkes

to Executive Director of the Company with responsibility

for Elderly Care. John Murphy, who remains

an Executive Director, will take sole charge of

Acquisitions and Developments and retain responsibility

for the Group's Active Care division and management

of the supply chain.

Richard Midmer was previously Group Finance Director

of NHP plc, the quoted care home company, from

November 2000 until its acquisition

in February 2005. He is a non-executive Director

of CareTech Holdings plc and Rugby Estates Investment

Trust plc.

Kamma Foulkes, currently Managing Director of the

Group's 324 homes in the Southern division, has over

15 years experience in the care sector and joined the

Group in 1998. She is a registered nurse.

Ray Miles, Chairman of Southern Cross,

said: “Richard and Kamma are important additions to

the Board of Directors. Richard is highly experienced

in finance, project management, elderly care and the

PLC environment and he knows our business

well. Kamma currently oversees the operations of the

Group's Southern division and her experience and

knowledge will provide a highly valuable insight to

the Board.”

8. Southern Cross to negotiate new deal with

banks

1 July 2008 - The Times

Southern Cross fails to repay bank debt

1 July 2008 - TimesOnline

City Focus: Collapse at Southern Cross

1 July 2008 - Daily Mail

Shares in Southern Cross, Britain’s biggest care

homes operator, dropped 58% after it failed to make

a debt repayment.

The industry has been hit by local authority budget

constraints and higher costs from a rising minimum

wage. Southern Cross, has operated a business

model under which it will buy a care home then sell

the freehold to a property company paying rent on it.

In relation to recent purchases it has not been able to

sell-on the property and the value has, of course,

now reduced. It has not been able to repay a £46

million loan. The banks have agreed to renegotiation

but the company is bound to have to pay higher interest.

Shares in Care UK, the care home operator, fell by

12% after it announced it was in discussions to buy

the 50% of its joint venture Partnership Health Group

that it does not already own. Care UK’s shares

closed at 375p.

The Daily Mail refers to police investigations last year

into two care homes operated by Southern Cross.

Meanwhile Bill Colvin's credibility as MD has not

been helped by his failure to manage analysts' expectations.

Sebastian Jantet, an analyst at broker

Investec, warns that trying to work out what to do

with Southern Cross is 'a little like catching a falling

knife'. However, he remains a buyer 'we do not believe

that local authorities have many alternatives in

the longer term'.

Ed. In these pages we cast doubt upon the business

model used by Southern Cross, particularly

as the tax position was adversely altered by the

Chancellor of the Exchequer in April. See BHCR

Vol 3, Issue 15, item 9 for an assessment of the

effect of the tax-saving scheme.

9. Claimar Care Group plc

30 June 2008

Claimar Care Group plc (the 'Company'), announced

that it had received notification, that Mark

H a l e s , C h i e f E x e c u t i v e , p u r -

chased 2,950,000 ordinary shares of 10p each in the

Company at 14p per ordinary share on the same

day.

Accordingly, Mr Hales' beneficial interest in the Company

has, as a result, increased

to 8,250,000 ordinary shares, representing

approximately 16.50% of the Company's issued

ordinary share capital

10. CLAIMAR CARE GROUP PLC

UNAUDITED Interim Results

For the six months ended 31 March 2008

HIGHLIGHTS - 2008 - 2007(*)

Turnover— £24.1m - £9.1m

Gross profit - £7.5m—£3.3m

Operating profit before amortisation and acquisition

related costs - £1.6m—£0.8m

(Loss)/profit for the period - £(0.1)m—£0.5m

Basic (loss)/earnings per share - (0.20)p - 2.19p

Fully diluted (loss)/earnings per share - (0.20) -

2.18p

Shareholders' funds - £37.9m—£12.4m

Commenting on the results, John Crabtree, Chairman,

said:

“The first half of this year has been both challenging

and disappointing. We are disappointed that recent

trading has been adversely affected by a shortage of

suitable staff across the group, but more noticeably in

the Complete Care Group, our complex care business,

and our inability to pass on the full charge of

increased staff costs principally arising from the implementation

of the working time directive and rising

fuel claims. Management has set in train a rapid recovery

plan to deal with these issues,”

Whilst the Board believes that turnover and profit will

continue to grow throughout the reminder of the trading

year they will fall short of current market expectations

hence the trading statement announced to the

market on June 23.

On current trading and prospects, Mr Crabtree added:

“Trading since the interim period end has been challenging,

however the Board have introduced a number

of measures to respond to the issues raised in

our trading statement made last week. During the last

12 months the Group has diversified its revenue

streams, by developing new opportunities that offer

the group higher gross margins and other means of

generating revenues from its core activities. Despite

the current setbacks the Board continues to

be optimistic concerning the long term outlook for the

business based upon an ageing population and the

increasing number of people choosing to be cared for

at home.”

11. CLAIMAR CARE GROUP PLC

UNAUDITED Interim Results for the six months

ended 31 March 2008

CHAIRMAN'S STATEMENT

23 June 2008 - Trading statement

Ed. What appears below is my abbreviation of

the statement – for the full version, visit the company’s

website www.claimar.co.uk

Last week the Group issued a trading statement to

the market because it had identified a number of unexpected

factors that had started to impact the

Group materially over recent weeks. In conjunction

with the preparation and independent review by Claimar

Care's auditors of its interim results for the six

months ended 31 March 2008, the Group undertook

a detailed review of current trading and expected

performance for the full year, ending on 30 September

2008.

Complete Care has experienced a delay in entering

into of a number of new complex care contracts,

and the Board is not confident the recent

shortfall in performance will be recovered by the

financial year end;

The Group has not yet been able to recover from

local authorities the increased cost of providing its

care services, including in particular the increased

costs of fuel and the costs associated with implementing

the working time directive; and

The conversion rate of applicants for franchises

from SureCare has fallen away significantly as a

result primarily of the tightening of the credit markets,

which has impacted the ability or willingness

of applicants to meet the upfront franchise payments

and working capital requirements.

Taking into account the above factors, the Board anticipates

that, whilst turnover and pre tax profit will

exceed the equivalent prior year numbers, earnings

per share will fall below those of the prior year and be

materially below current market expectations.

Notwithstanding these issues, the Board continues to

believe, against the background of an ageing population

and the wishes of many elderly people to live in

their own homes, that the Group has good prospects.

Interest costs have risen from £99,000 to £642,000

representing the financing cost of increased borrowing

which was used to partly fund the two acquisitions

in the period plus provide working capital for day to

day operations.

The income statement shows a loss of £148,000 on

the market value of an interest rate hedge. The requirement

to show the fair value of this financial instrument

is a consequence of IFRS reporting the

Board having decided to hedge a large proportion of

the Group's long term borrowings to limit exposure to

future interest rate fluctuations. Were Claimar's accounts

drawn up to today's date the overall fair value

adjustment would now be a credit to income of a few

thousand pounds.

Based upon the matters disclosed above basic earnings

per share have reduced from 2.19 pence to a

loss of 0.20 pence for the period.

Existing Business and the Market.

In our core business Claimar Care Limited. which

provides mostly services to older adults we, together

with the rest of the sector have seen significant

change.

Several new initiatives launched by the government

are starting to create uncertainty regarding the short

term method of procurement. Historically Local Authorities

have either delivered care services themselves,

or increasingly have outsourced to independent

providers. Overall the market continues to grow

with the number of hours commissioned growing by

4% between 2006-2007 to approximately 3.9 million

hours per week. According to data available from the

Department of Health the independent sector now

provides 78% of all homecare in England. Contracts

appear to be getting bigger as local authorities seek

to work with fewer but larger providers, making life for

the small independent provider much harder as they

find it increasingly difficult to bid for, win and then deliver

larger contracts, however in some cases contracts

are either being delayed or shortened as commissioners

seek clarification regarding the impact of

new initiatives such as Person Centered Planning,

Direct Payments and in particular the use of individual

budgets discussed later. All of these initiatives are

designed to give service users more choice and control

over how their service is delivered, and will we

believe lead to a greater number of people choosing

to remain in their own home, rather than be cared for

in a residential home, or nursing home.

One of the most significant initiatives during 2007 was

the pilot within 13 local authority areas of Individual

Budgets. Individual Budgets differ to Direct Payments

in that they bring together a number of income

streams of which Direct Payments are only one.

Other income included within an individual Budget

could include Supported People funding (Money

spent on housing related support, including developing

life skills, such as budgeting and cooking);

Independent Living Fund (this money is used to

help disabled people live in the community);

Integrated Community Equipment Services

(this pays for equipment such as grab rails, or ramps

etc.); Disabled Facilities Grant (his pays for changes

to accommodation such as a stair lift); Council provided

social care for adults (money that Social Services

spend on day centre's, residential care, meals

on wheels and other kinds of social care including

home care.)

Of the 13 Local Authorities chosen to pilot the

scheme most if not all chose different strategies and

service user groups to pilot, in some cases local authorities

chose not to involve older people

focusing instead on younger adults with a learning

disability or physical disability. The outcome of

the pilot is yet to be reported although we expect the

findings to be reported later this year.

We view the implementation of Individual Budgets

positively, it is likely that local authorities whilst allowing

service users more choice will still wish to closely

monitor how the money is spent and the safeguards

that exist to protect them, whilst this will inevitably

lead to new methods of contracting we are confident

that our mix of business and geographical presence

puts us in a very strong position to benefit from these

initiatives.

As mentioned in our trading statement we have

found the recruitment and retention of care staff increasingly

difficult across the group.

The Senior Management team has been restructured

with the creation of a new Operations Director role

for the North, and also the separation of Quality and

Compliance now reporting directly to the Managing

Director.

In SureCare our domiciliary Care franchise business

whilst we have seen a steady increase in the royalties

paid to us by our franchisees we have seen a significant

fall in the number of anticipated franchise

sales. The fall in sales is attributable we believe to

the following factors:

A tightening of the credit market, and a fall in the

value of property (taking equity from the home was

one of the main sources of funding used by prospective

franchisees to purchase the franchise and fund

working capital during the early stages of the businesses

development).

SureCare has also suffered from a delay of approximately

3 months in the production of its new rapid

response alarm aimed at the homecare market. The

device has been specifically designed for the group

and prototypes have undergone a process of robust

testing. We now anticipate the launch of this device

towards the end of this financial year.

In Primary Care Training our training business following

significant contractual delays experienced in the

first half of the year, resulting in a small loss for the

interim period we are now seeing significant

growth. Since April PCT have signed up 300 candidates

and expect to reach 500 by the end of July.

New Business

Since the end of the period we have been awarded

and commenced a number of new contracts. They

are:

Manchester—3500 hours per week (previously

around 1700 per week)

Rotherham—1500 hours per week

Leicester—Emergency Response

Blackburn & Darwen—Renewal and extension of existing

contract.

Lancashire—2 new extra care sites.

We are confident that the strong organic growth

achieved previously will continue.

Acquisitions

Complete Care Group

Ravenscroft

Other acquisitions

There continues to be a strong pipeline of acquisition

opportunities within the sector. The Group has been

in discussions with a number of possible vendors but

in focusing increasingly on the quality of earnings of

the existing businesses and also the need to consolidate

its current position has decided not to pursue

these acquisitions. Aborted bid costs in the sum of

£75,000 have been charged to income as a consequence.

Dividend

The Board does not propose the payment of an interim

dividend (2007 - 0.25p)

Current Trading and Outlook

Following the consolidation of our acquisitions and

the opening of new branches to service significant

new contracts we now operate from 39 branches located

principally throughout the Midlands and the

North of England.

Notwithstanding a number of challenges facing Claimar

and the wider care market, the Board of Claimar

Care believes that the business has good medium

and long term prospects given the population demographics,

industry trends of consolidation, the increasing

barriers to entry and the strong, motivated

and ambitious management team.

and the wider care market, the Board of Claimar

Care believes that the business has good medium

and long term prospects given the population demographics,

industry trends of consolidation, the increasing

barriers to entry and the strong, motivated

and ambitious management team.

Board Changes

David Jackson, who joined the Board as Group Financial

Director and Company Secretary on August

9 2007 resigned on May 8. On June 23 we announced

that Nick Townend, who is currently responsible

for the finance function at Anchor Trust, the

largest not-for-profit provider of housing, support and

care for the elderly in England, with turnover of approximately

£250m and a staff of over 11,000 will join

the Board as Group Finance Director and Company

Secretary on August 11. At Anchor he has responsibility

for all aspects of cash-flow and treasury management,

budgets, financial planning and forecasting,

and statutory and regulatory reporting. He

joined Anchor Trust in 2005 as Head of Finance of its

Care Services division, having previously held senior

positions at Tetra Pak and Royal & Sun Alliance.

12. Southern Cross shares slump after profit

warning

30 June 2008 - ReutersUK

Britain's largest care-home operator Southern Cross

Healthcare Group (SCHE.L: Quote, Profile, Research)

said it expected full-year core earnings to be

below market forecasts, wiping around two thirds off

its stock market value.

In a trading update on Monday, Southern Cross said

occupancy levels at its homes had not grown by as

much as it originally expected and trading was

unlikely to improve sufficiently for it to meet its previous

forecast.

Southern Cross reported that had been given an extension

to July 28 to pursue a sale of property assets

to cover the repayment of one of its banking facilities

of £46m.

13. Southern Cross Healthcare Grp PLC

30 June 2008

Trading Update, Funding Arrangements and Board

Change

“Although the overall occupancy in the Group's

homes has risen since the half year from 32,900 residents

to 33,450 residents (90% of all available beds)

by 27 June, this increase has not happened at the

speed, nor to the absolute number of residents, originally

anticipated by the Company. Central government

funding to Local Authorities for social care has

come through later than in previous years and the

seasonal admissions increase has taken longer to

occur. These factors, when combined with higher

than normal attrition rates of nursing residents, have

resulted in lower than anticipated occupancy levels.

Slightly lower occupancy spread across a large portfolio

offers limited scope to reduce costs and overall

financial performance in the second half has therefore

fallen behind expectations. Our fourth quarter,

which commences on 1 July, is traditionally the

strongest and we expect occupancy to continue to

improve, with a record number of residents currently

in our homes and actual fee levels now averaging in

excess of £530 per resident per week. Nevertheless,

trading is unlikely to improve sufficiently to meet our

original forecast.

In addition, financial performance in the Group's specialist

subsidiary, Active Care, has remained significantly

below forecast, due to lower occupancy levels

and a high fixed cost base. A new management team

has recently been appointed and they are conducting

a full review of the business.

As a result, the Board now expects that Adjusted

EBITDA is unlikely to exceed £80 million for the financial

year to 30 September 2008 (2007: £66.8million).

Funding Arrangements

As part of its overall banking arrangements, the Company

has two syndicated credit facilities specifically

for the purpose of funding additional acquisitions.

These facilities are currently drawn as to £82 million

and are secured against a portfolio of 20 recently acquired

and developed homes which are held for resale

and leaseback.

One of these facilities, drawn as to £46 million, was

originally due for repayment on 30 June 2008. It was

intended that the property assets funded by this facility

would have been sold prior to this date and the

loan repaid. While the Company has received indicative

offers in relation to certain of these assets, and is

continuing actively to pursue their sale, they remain

Group assets for the time being. Accordingly, the

Company, which is working closely in partnership with

its banking syndicate, has been granted an extension

to the repayment date and a waiver of an anticipated

non-compliance with a financial covenant until 28 July

2008. This period will allow the Group to pursue the

potential sale of some or all of these assets and/or

suitable amendments to its overall longer term funding

arrangements. A further announcement will be

made in due course.

Board Change

Richard Midmer, previously Finance Director of NHP

plc, is joining the Company as Finance Director. Jason

Lock, the current Finance Director, will leave the

Company with immediate effect.”

14. Qatar calls for help in reviewing ailing

investments

29 June 2008 - Telegraph

Qatar's sovereign wealth fund has appointed Ernst &

Young to restructure its entire debt-laden £3bn

healthcare and property portfolio and put a turnaround

plan in place.

The portfolio, which includes care home operator

Four Seasons which owes £1.4bn and specialist care

businesses Care Principles and Senad, has been hit

by falling property prices and cutbacks in Government

spending, and the Qataris are at risk of loosing

their investments.

The care home chains, which have tens of thousands

of staff, are burdened with debt and lenders to

the 30,000-bed Four Seasons business have threatened

to ‘pull the plug’.

Ed. Expect to see parts of the business being

put up for sale to release cash to repay bankers.

A ‘fire-sale’ may attract a lot of interest, but, only

from those who have cash or access to borrowings

at reasonable rates. Royal Bank of Scotland

already owns considerable assets and businesses

in the health and social care sector – it

might be interested in snapping up a bargain or

two. Alternatively, we may see interest from Russian

oligarchs and Sovereign Wealth Funds.

Care Homes

15. Fire safety in care homes

1 July 2008 - CSCI e-newsletter

It is important for providers to ensure that fire risk

assessments are up to date and regularly reviewed.

CSCI highlights the potential risk of using

manual override buttons at fire escape stairs in

homes for people with dementia.

More information on how to undertake a fire safety risk assessment

16. Ireland - ‘Private-bed’ use for elderly

soars

Use of non-health service beds jumps as average

age of population rises

30 June 2008 - The Times

The health service is renting 66% more beds from

private care homes than it was two years ago, as it

tries to cope with the country’s rapidly ageing population.

The Health Service Executive (HSE) had over 3,000

contract beds in private-care settings last February,

up 1,202 on February 2006. These are used to accommodate

public-nursing home patients when the

state’s facilities are full.

The HSE introduced a delayed-discharge programme

in 2005. The aim was to free up acute hospital beds

by moving long-term elderly patients to private residential

care. This has boosted the private sector,

with some homes now taken over by public patients.

17. ‘A social care system for all’

July 2008 - Caring Business

Minister Ivan Lewis addressed an invited audience of

care home owner/operators and paid tribute to all

those working in the sector. He said that councils

had to get away from the ‘no help here’ culture and

that it was ludicrous for them to keep voluntary and

private providers at arm’s length.

18. Legal challenge over fees for care homes

July 2008 - Caring Business

English Community Care Association is said to be

launching a legal challenge the level of fees paid for

council funded service users.

19. There are no easy answers

July 2008 - Caring Business

A report of a panel debate at the launch of national

care homes week; with some of the questions and

answers.

Case Reports

Law Reports

20. (1) A PRIMARY CARE TRUST (2) P (BY

HIS LITIGATION FRIEND THE OFFICIAL SOLICITOR)

v (1) AH (2) A LOCAL AUTHORITY

(2008)

Balancing conflicting welfare considerations, it had

been in the best interests of an adult male with severe

epilepsy to have his condition assessed at a

residential unit to which he and his mother consented,

which would not have a bed available for up to a

week, even though the medical evidence indicated

that he needed an urgent assessment because of the

risk to his health.

21. Law lords ruling could force change in

discrimination law Legal experts said a Law

Lords ruling in favour of a council which

evicted a schizophrenic man could force the

Government to overhaul discrimination law.

30 June 2008

More information at: http://www.learningdisabilities.org.uk/

information/news?EntryId17=30645

Disciplinary cases

Nothing to report

Cases in the news

22. Paediatricians cleared

5 July 2008 - The Times

Children’s doctor is cleared over tests

5 July 2008 - Daily Mail

Prof David Southall, Dr Martin Samuels and Dr Andrew

Spencer have been cleared of professional

misconduct in relation to tests and research on children

conducted in Staffordshire in the early 1990’s.

23. Judge backs cancer patient’s fight for

vital drug

5 July 2008 - Daily Mail

Jean Murphy, 62, from Salford and who had cancer

of the kidneys, succeeded in satisfying a judge in a

judicial review hearing that the Salford PCT which

distributed the £3,500 a month medication, Sunitinib,

only in exceptional circumstances – even though it is

routinely available in neighbouring trusts.

24. GMC dismisses child doctor case

4 July 2008 – BBC News

The General Medical Council has dismissed the latest

case against paediatrician Dr David Southall.

Southall and two other doctors were accused of not

obtaining the correct consent during a medical trial of

a new type of ventilator for premature babies in the

1990s.

Dr Southall has already been struck off the medical

register over another case, although he is appealing

that ruling.

For full report click here

25. NHS to review cancer drug refusal

4 July 2008 – BBC News

A judge has ordered Salford Primary Care Trust to

review its decision to deny a kidney cancer sufferer a

life-enhancing drug.

Jean Murphy, 63, of Salford, turned to London's High

Court after the Trust refused exceptional funding for

the drug Sutent.

She is the only carer of her seriously ill husband - a

factor the judge said the panel had failed to consider.

For full report click here

26. Worker's 'cruel sex act' on OAP

1 July 2008 – BBC News

Cardiff Crown Court has heard how a care worker

begged a colleague to lie on his behalf after he carried

out a sexual assault on an elderly dementia patient

at a home in Powys.

Gareth Jones, 22, is accused of a "shocking, pitiless"

attack on the 77-year-old when he got her ready for

bed at Mountain's Home at Libanus. The elderly

woman needed life-saving surgery after she started

bleeding.

For full report click here

27. Trust fined over man's bath death

30 June 2008 – BBC News

A Birmingham mental health trust has been fined

£25,000 after the death of an elderly man who was

scalded in a bath filled with 95C water at a respite

home.

George Inwood, 68, had Parkinson's disease and

died of a suspected heart attack and scalding at The

Lodge Hostel in Stechford, Birmingham, in 2004. The

inquest heard that a faulty thermostat meant water

was twice the recommended temperature.

For full report click here

Children

28. Court costs 'risk' for children

1 July 2008 – BBC News

The BBC has found out that an increase in court

costs could be putting local authorities off from applying

for protection for vulnerable children.

Fees for care orders in England and Wales have

risen 25-fold since April this year and an increase in

local authority funding is supposed to cover the increase

- but some council officials say it is too low

and has not been allocated properly.

Reports suggest that across England and Wales applications

for care orders have fallen by between 20%

and 60% since the changes.

For full report click here

Conferences & Courses

To follow next week

Consultations

29. Saving Carbon, Improving Health: A Carbon

Reduction Strategy for the NHS in England

Closing Date: 21 August 2008

The consultation document can be found at http://

www.sdu.nhs.uk

30. Towards a Strategy to Support Volunteering

in Health and Social Care: Consultation

Closing Date: 30 September 2008

A consultation seeking views on a proposed volunteering

strategy for health and social care that will

articulate the key actions needed to address the perceived

obstacles to volunteering.

For full consultation click here

31. Consultation on a Statutory Scheme to

Control the Prices of Branded NHS Medicines

Closing Date: 15 July 2008

This consultation seeks views on options for the

Government's use of statutory powers to control the

prices of branded NHS medicines.

For full consultation click here

32. Consultation on Assessment of Adult Social

Care

Closing Date: 8 August 2008

The Commission for Social Care Inspection (CSCI) is

seeking views on its proposed modifications to the

body’s performance assessment of adult services in

2008-09.

For full consultation click here

33. Transforming the Quality of Dementia

Care: Consultation on a national dementia

strategy

Closing Date: 11 September 2008

A consultation seeking views on proposals for a national

dementia strategy. It draws on evidence from a

range of reports and stakeholders, a series of listening

events involving more than 3,000 people and the

recommendations of an external reference group.

For full consultation click here

34. Consultation on the Publication of Children's

Homes Inspection Reports

Closing Date: 16 September 2008

A consultation seeking views on whether or not Ofsted

should publish children's homes inspection reports

on its website.

For full consultation click here

35. Volunteering in health and social care

Closing Date: 30 September 2008

A volunteering strategy for health and social care will

initiate the key actions needed to address the perceived

obstacles to making a refreshed vision for volunteering

in health and social care a reality. The

plan is to publish a final strategy and implementation

plan in early 2009.

For full consultation click here

36. The NHS Resilience and Business Continuity

Management Guidance 2008: Interim

strategic national guidance for NHS organisations

– Consultation

Closing Date: 30 September 2008

A consultation seeking views on a set of general principles

to guide all NHS organisations in developing

business continuity management processes.

For full consultation click here

37. A Consultation on the NHS Constitution

Closing Date: 17 October 2008

This consultation seeks views on a proposed NHS

constitution that aims to empower both staff and patients,

containing clear pledges on the ways in which

the NHS will strive to go beyond the stated rights to

improve the working environment.

For full consultation click here

38. NICE: Current consultations

To browse through consultations go to http://www.nice.org.uk/

page.aspx?o=consultations.current

CSCI/Care Quality Commission

(w.e.f. 2009), CSSIW,

Healthcare Commission &

Scottish Care Commission

39. CQC: Regulator to have social care and

mental health expertise

3 July 2008 – Community Care

The Government has bowed to concerns that the

Care Quality Commission board would be too healthdominated

and has now said it will include people

with experience in social care and compulsory mental

health services.

For full report click here

40. Healthcare Commission Corporate Plan

2008-09

2 July 2008 – Healthcare Commission

The Healthcare Commission’s corporate plan setting

out what the body wants to achieve in 2008-09, highlighting

key activities and how the commission will

measure success and shows the programme of work

and priorities for the year ahead.

For full report go to http://www.healthcarecommission.org.uk/

_db/_documents/1907_HCC_corpplan_tag.pdf

41. Management of controlled drugs in care

homes

1 July 2008 - CSCI e-newsletter

Last year, the Government passed legislation that

affects the way care homes store controlled drugs.

Nursing homes always had to comply with this legislation.

In 2007 the term ‘nursing home’ was changed

to care home and since then every care home must

comply. This brings legislation into harmony with the

National Minimum Standards.

Every care home needs to read this guidance:

Read our written guidance on the safe management of controlled

drugs in care homes

42. Food safety measures in care homes

1 July 2008 - CSCI e-newsletter

The Food Standards Agency has published a supplement

to the Safer Food, Better Business pack, which

was launched earlier this year. The Food Standards

Agency also revised its 2006 guidance for caterers,

on food served to older people in residential care.

Find out more about the new Food Standards Agency guidance

43. Campaign to raise the awareness of National

Care Standards

30 June 2008 – SCRC

A campaign to raise awareness of Scotland's National

Care Standards has been launched today and

will include a television advert and a touring theatre

production which will visit day centres and care

homes throughout Scotland.

For SCRC report click here

For full Scottish Government report click here

44. CSCI: Proposed regulatory regime is

‘backward’ step

30 June 2008 – Community Care

The Commission for Social Care Inspection has criticised

the Government’s new proposed regulatory

regime and warned that adult care providers will be

insufficiently challenged, especially in improving service

users’ quality of life.

For full report click here

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

45. Health bosses order data amnesty

4 July 2008 – BBC News

NHS Lothian has ordered a data amnesty after an

employee lost personal information of 137 patients.

The campaign has been launched to ensure all

28,000 staff understand the rules on storing sensitive

data - and to own up if they lost files themselves.

For full report click here

46. Call For Crackdown After NHS Worker

Loses Patients' Files

4 July 2008 – The Herald

More concerns about how the NHS treats personal

information were raised again after files relating to up

to 137 Scottish patients went missing.

Copies of letters and memos containing medical details

were stored on a USB memory stick by a health

worker in NHS Lothian. This was in clear breach of

data protection rules and the device has since been

mislaid. The files contain sensitive medical details.

For full report go to http://www.theherald.co.uk/

display.var.2378808.0.0.php?utag=28804

47. Care roll-out report is published

4 July 2008 – BBC News

Fife Council has revealed details in an interim report

of 350 assessments of whether people can afford to

pay for their home-care services.

The pressure group CAC (Campaign against

Charges) had staged a protest inside the headquarters

of Fife Council demanding to know what was

happening. A full report on care-charges will go before

councillors in September.

For full report click here

48. Record Number Of Pensioners Are Diagnosed

With C Diff Bug

3 July 2008 – The Herald

A report has revealed that a record number of Scottish

pensioners have been diagnosed with the bug

C.diff.

The figures show 1861 cases of C Diff among the

over-65s between January and March this year

which is a 16% increase from 1608 in the last three

months of 2007.

Health professionals said the rise could be linked to

the changing seasons but warned as rates have

been monitored for less than two years, it is too early

to draw definite conclusions.

For full report go to http://www.theherald.co.uk/

display.var.2376473.0.0.php?utag=28804

49. GP contracts in £160m overspend

2 July 2008 – BBC News

An Audit Scotland report has found that the new GP

contract, that allowed most doctors to stop doing out

of hours calls, has cost more than £160m than had

been allocated for its first three years.

The report did point out, however, that early signs

showed that patients benefited in areas such as

monitoring and flexibility.

For full report click here

50. 'Mixed reports' on hospital bugs

2 July 2008 – BBC News

A survey by the NHS agency Health Protection Scotland

has shown that the rates of infection from the

bugs C.diff has risen, whilst those from MRSA has

fallen.

Figures showed that 1,861 people were diagnosed

with C.diff in the first three months of 2008 which is

an increase of 16% on the previous quarter.

Over the same three months, the number of people

diagnosed with the superbug MRSA fell to 193.

For full report click here

50. Vetting and Barring consultation report

2 July 2008 – Scottish Care

Update from Protection of vulnerable groups implementation

team on vetting & barring consultation exercise.

For full report click here

52. Stage set for care standard drive

30 June 2008 – BBC News

Dundee has seen the launch of a campaign aimed to

raise awareness of Scottish national care standards.

The standards set out what people can expect from

each type of service including childminding, personal

care and homes for the elderly.

For full report click here

Wales

53. Care homes and hospices could face

regular inspections

2 July 2008 – Community Care

A new inspectorate for palliative care providers in

Wales may be established in Wales following a review

by the All-Wales Palliative Care Planning

Group.

For full report click here

54. Welsh nursing homes inspected

1 July 2008 - COI

The Health and Safety Executive (HSE) has released

the results of a series of inspections carried out to

look at the management of some specific health and

safety risks at nursing homes across Wales during

March and April.

Of 28 homes inspected, 75% were issued with at

least one enforcement notice, and a total of 31 enforcement

notices were issued. The management of

legionella risk and the correct use of bedrails were

the main recurring areas of concern.

As a result of the findings, HSE will be contacting

nursing homes in Wales to remind them of their duties

to manage health and safety, and will be providing

training resources to help homes improve standards.

HSE Inspector Steve Scott, who led the initiative,

said: "The sample is a small percentage of the total

number of nursing homes in Wales, and we must

stress that not every nursing home we visited was

issued with an enforcement notice.

"Those who did receive an enforcement notice were

extremely keen to address shortcomings when they

were raised. These homes were given a specified

period of time to put matters highlighted right, and we

are carrying out follow up visits to all of these premises

to ensure that remedial action has been carried

out."

"The inspections found that management of other

risks such as slips and trips and manual handling

were generally being addressed but the use of bed

rails, and legionella risk, was an issue at many of the

homes we visited."

The HSE has been working with other organisations

such as the Care and Social Services Inspectorate

Wales (CSSIW), Care Forum Wales and Association

of Directors of Social Services Cymru to raise the profile

of safety at such care settings. Close working

with Local Health Boards (LHBs) and private providers

of care will continue, and HSE with its partners is

planning to hold safety seminars for nursing home

managers in the coming months. A number of interactive

tools are being made available online which

will provide further guidance.

HSE hopes to run seminars in September / October

2008 on the issues arising but homes requiring advice

and guidance in the meantime can contact HSE

Infoline on 0845 345 0055 .

Ed. First, I have seen the DVD produced by HSE &

BUPA, it is simple, direct and clear. I recommend

that all staff in care homes, especially managers and

maintenance staff upon whom, for the most part, the

burden of bedrails falls should view it.

We hope that you will soon be able to download

the DVD FREE OF CHARGE from our website.

Look out for future announcements.

During a five year period to March 2005, the Reporting

of Injuries, Diseases and Dangerous Occurrences

(RIDDOR) statistics identified at least 10 fatal

accidents and a number of major injury incidents in

which the use of bed rails was implicated. (Source:

http://www.hse.gov.uk/lau/lacs/79-8.htm)

Ed. I have spoken to the lead HSE inspector responsible

for this work, Steve Scott who told me

that it is clear that the level of knowledge of Legionella

risk is worryingly low. Advice and information

on controlling Legionella can be found at

http://www.hse.gov.uk/legionnaires/index.htm

Legionella is a bacteria commonly found in natural

and artificial water systems, and can thrive at

temperatures between 20 Degrees C and 45 Degrees

C. The main method of controlling them is

to ensure water is hot, and that hot and cold water

systems remain separate. There is a duty on

care homes under the Health and Safety at Work

etc Act 1974 to consider risks from legionella

that may affect their employees, and people in

their care.

55. New rules 'risk carers shortage'

30 June 2008 – BBC News

An investigation by the BBC has found that many

foreign staff working in care homes in Wales are uncertain

about their futures because of new work permit

guidance.

Some are leaving Wales to work in English care

homes where wages are higher ahead of the introduction

of new immigration rules.

For full report click here

Learning Disabilities

56. Fair Price, Fair Care: Care Funding Calculator

4 July 2008

The English Community Care Association noted the

launch of a National Care Funding Calculator to identify

the needs and costs of care for people with learning

disabilities living in residential settings.

ECCA believes that state funding for residential

placements should be based on a local negotiation

using all available evidence, which results in individuals

receiving high quality care and support. This

should represent value for money for commissioners

and a fair price for providers.

ECCA intends to monitor the use of this new national

calculator, alongside other local costing tools, to ensure

its Learning Disability (LD) members are treated

fairly. Costing models should be applied consistently,

recognising that as a result of the use of such models,

fees paid may need to change. There should be

no assumption that a wholesale fall in fees will result

from the use of this new calculator or, indeed artificial

targets for cost reduction set. The calculator should

be seen as a basic information resource and used

constructively in any negotiations, together with other

relevant information, by both parties to ensure best

quality personalised care.

It was sometime after the commencement of the work

to develop the calculator that providers from ECCA

were able to comment and input their views. ECCA

would have preferred an approach that saw providers

working on the calculator from the beginning with

commissioners in an open and transparent

way. Whilst some changes have been made as a

consequence of eventual dialogue between ECCA

members and the RIEP leading on the calculator,

more still needs to be done and ECCA will continue to

press nationally for adjustments to the calculator to

properly reflect property costs and investment returns.

ECCA will use its network of LD provider members

to monitor how the calculator is used locally and

also press further for any changes it feels need to be

made as a result of the experience of providers in

using the calculator.

As such, ECCA believes the new calculator launched

this month is the start of a process that is organic in

nature and that ECCA, and its members, will want to

see further iterations of the calculator in the future

based on local feedback.

Finally, ECCA believes that the regional RIEPs who

will promote use of the calculator within councils and

train councils in its use, should ensure that the training

involves providers. In rolling out use of the calculator,

bringing providers and commissioners together

at the initial stage, will allow a proper exchange of

views and concerns before the calculator is used locally.

We will encourage ECCA members to give feedback

to ECCA on how the calculator is used and to share

this with other ECCA members to ensure all members

are well informed on how the calculator is being

used. We will also aim to help and support providers,

wherever possible, where we feel councils are

using the calculator inappropriately.

57. Learning Disabilities Care Funding Calculator

Launched

4 July 2008

The English Community Care Association has responded

to the launch of the Care Funding Calculator.

Martin Green, Chief Executive of ECCA, said:

“ECCA believes that state funding for residential

placements should be based on a local negotiation

using all available evidence, which results in individuals

receiving high quality care and support.

“Costing models should be applied consistently, recognising

that as a result of the use of such models,

fees paid may need to change. There should be no

assumption that a wholesale fall in fees will result

from the use of this new calculator or, indeed artificial

targets for cost reduction set. The calculator should

be seen as a basic information resource and used

constructively in any negotiations, together with other

relevant information, by both parties to ensure best

quality personalised care.”

58. New report from the Learning Disability

Coalition highlights cuts

3 July 2008 – NCF

A report published by the Learning Disability Coalition

shows that 34% of people with a learning disability

have reported that their day time activities have

been cut. The report ‘Tell it like it is’ was the result of

a survey undertaken of people with a learning disability

and their carers.

The survey also reveals that 37% of people whose

college courses were cut were forced by lack of provision

to stay at home and 77% of people who commented

on their transport services had a negative

experience of them.

For full report click here

Legislation Update

59. No. 260 The Protection of Children

(Scotland) Act 2003 (Amendment of the Definition

of Child Care Position) Order 2008

1 July 2008 – OPSI

For full legislation click here

Mental Health

60. DH-funded study: £2bn to eliminate ageism

in mental health

3 July 2008 – Community Care

The Department of Health has funded study which

estimates it would cost £2bn to eliminate age discrimination

in mental health services in England.

For full report click here

61. DH: Pandemic influenza: guidance on

preparing mental health services in England

2 July 2008 – DoH

A document designed to assist mental health trusts

and other specialist mental health service providers in

developing their plans for responding to an influenza

pandemic.

For full report click here

62. Key bodies call for urgent action on mental

health in later life

30 June 2008 – NCF

Key organisations are calling for action from the Government

to address a full range of ‘later life’ mental

health problems as its formal consultation on the National

Dementia Strategy for England begins.

For full report click here

Miscellaneous

63. Polyclinics 'not a threat' to GPs

6 July 2008 – BBC News

Lord Darzi, Health Minister, has insisted that no GP

surgeries will be closing due to the introduction of

polyclinics.

He said no practices would be forced to shut due to

the 150 new centres which will house doctors alongside

other medical staff.

For full report click here

64. From Bucharest...

5 July 2008

A Romanian surgeon must pay a man £400,000 for

accidentally chopping off his penis during an operation.

It seems that it was not re-attached and that an

‘aesthetic organ’ was made from muscle – the man is

said not to have a ‘good state of mind’.

65. Expatriates win healthcare battle

5 July 2008 - The Times

Britons living in the Spanish Region of Valencia have

secured the right to public healthcare at ‘affordable

prices’.

66. Charging for Residential Accommodation

Guide 2008

4 July 2008 – DoH

This is the latest draft of the 2008 charging for residential

accommodation guide. It covers charges for

residential medical accommodation.

For full report click here

67. Whistleblowing Arrangements Code of

Practice

4 July 2008 – NCF

The PAS 1998:2008 Whistleblowing Arrangements

Code of Practice is now Available to download.

This document sets out good practice for the introduction,

revision, operation and review of effective

whistleblowing arrangements.

For full report click here

68. Health Scrutiny

Health Scrutiny in the North West Conference:

Facing the Challenge Together

With both Health and Social Care undergoing significant

change and development, Health Scrutiny is

entering into a period of both challenge and opportunity.

The introduction of Local Involvement Networks

(LINks) providing communities with a stronger 'voice'

in local Health & Social Care services; the potential

of joint-commissioning for service improvement and

responsive delivery; the growth of NHS Foundation

Trusts and merger of Health and Social Care regulation

- all mark the shift towards greater partnership

working as the vehicle for change and progress.

'Facing the Challenge Together' was the second Annual

North West Health Scrutiny Conference and

took place on Thursday, 26 June with nearly 100

delegates. It was sponsored by the Centre for Public

Scrutiny and NHS North West, and supported by

North West Employers and the North West Overview

and Scrutiny Officers’ Network.

The Conference is part of a wider regional strategy to

develop the North West Health Scrutiny Network. The

network seeks to support strong, impact driven scrutiny

by working together and sharing information,

knowledge and expertise, and the context for improving

the health of the region was outlined by Mike

Farrar, Chief Executive of NHS North West, and was

set on ‘Healthier Horizons’, a ten year vision for the

North West.

Healthier Horizons for the North West

The conference was chaired by Liz McQue, Chief

Executive of North West Employers, and the speakers

are listed below. Click the links for the presentations

from the day.

Keynote Speakers

Colin Douglas, NHS Director of Communications

Jessica Crowe, Executive Director, CfPS

Liam Hughes, National Advisor of Healthy Communities,

IDeA

Mike Farrar, Chief Executive NHS North West

Masterclass Seminars

Colin McKinless, NHS North West

Dr Alison Rylands, North West Specialised Commissioning

Team

Dr Ruth Hussey, NHS North West

Stephanie Varah, LINks Implementation Co-ordinator

On the day, we ran an interactive session around

some of the challenges and visions in the Healthier

Horizons document. The results are neither right nor

wrong: they represent views of those participating on

the day.

69. More support to deliver affordable housing-

announces Flint

3 July 2008 - COI

New immediate measures designed to respond to the

impact of the credit crunch on the housing market and

maintain the delivery of new affordable housing, were

announced by Housing Minister Caroline Flint.

The measures are the first part of a wider package of

action the Government will be announcing this month

to increase confidence and help ensure stability and

fairness in the housing market.

Announcements include:

* A further £270 million is today being allocated

through the Housing Corporation to deliver an additional

3,800 homes for social rent and 1,500 shared

ownership homes over the next three years. This will

help to stimulate wider market activity and brings the

total now allocated over the next three years to £3.6

billion out of the £8.4 billion total budget. This will

drive forward delivery of our overall target of 180,000

affordable homes over the period.

* A new national clearing house is being set up

where house builders can approach the Housing

Corporation with robust proposals to sell their unsold

stock for affordable housing. The Government has

committed £200 million so far for affordable housing

providers to purchase unsold stock from house builders,

which can then be used for social or affordable

housing. The clearing house will enable this resource

to be invested as quickly as soon as possible, by

giving developers greater certainty and an early steer

on their chances of success.

* Increasing flexibility around when providers can bid

for funding from the Government's £8.4 billion affordable

housing programme. Providers will now be able

to come forward with proposals for the Housing Corporation

at any time, rather than waiting for the quarterly

bidding round. This will enable the Corporation

to increase the pace of approvals, to deliver desperately

needed affordable housing, while also supporting

developers.

* Increased funding flexibility so that the Housing

Corporation will now have the option to offer more of

the payment to housing associations and other developers

delivering affordable and social housing at

the start of schemes, helping to improve providers'

cash flow, encourage new starts and stimulate wider

market activity.

* The Government is today announcing the sixth

round of the Housing Private Finance Initiative.

Councils will be able to bid for a share of up to £1.87

billion to build new homes or refurbish existing

houses and estates. The Government will be looking

for bids that aim to shape strong and dynamic communities,

not just build estates, and which make a

real contribution to increasing local housing supply.

Ed. I wonder how much thought has been given

to housing for those with disabilities trying to get

on the housing ladder.

70. NHS Identity Scheme For Dental Practices:

Summary of responses

3 July 2008 – DoH

This document summarises responses to a consultation

on the NHS identity scheme for dental practices.

For full report click here

71. Dental patients should register, says

committee

2 July 2008 – HSJ

MPs on the Health Select Committee are calling for a

return to a registration scheme for dental patients,

they say the move would help ensure more effective

dental care.

72. Q&A: Dental reforms

2 July 2008 – BBC News

Article looking at how reforms has changed dentistry.

For full report click here

73. The man who gives lessons in death to

people who have lost the will to live

2 July 2008 - The Times

A German politician, Roger Kusch, has been promoting

Germany as a destination for assisted suicides.

The case of Bettina S, a 79 year old lady

whose death he assisted, is summarised. Ms S contacted

Roger Kusch because “she was afraid that she

might have to move into a care home”.

Kusch is a former judge, adviser to Helmut Kohl and

Gerhard Schroder and justice minister of Hamburg.

74. Britain’s Missing Top Model

1 July 2008 - BBC Three TV

A version of America’s Next Top Model with a twist;

the twist being that each of the contestants was disabled,

mostly had a limb or part missing. The judges

began to look at what each contestant had rather

than what they were missing. A shame then that one

contestant, Lillie, was ejected not for her looks but

because she didn’t look disabled enough – she is

deaf.

75. NHS dentistry reforms 'failing'

1 July 2008 – BBC News

A report by MPs has revealed that changes initiated

to improve NHS dental services in England have not

succeeded.

The new contract was introduced in 2006 aimed at

simplifying charges and make it easier to locate an

NHS dentist.

For full report click here

76. GSCC to consult on Personal Assistant

Registration

1 July 2008 – NCF

The General Social Care Council (GSCC) has declared

its intention to consult on a system of regulation

for personal assistants at the launch of a new

study looking at the impact of direct payments on the

people who receive them and the personal assistants

they employ.

For full report click here

77. Smokefree England: One year on

1 July 2008 - COI

More people are trying to quit smoking, the air in

pubs and bars is cleaner and rates of compliance

with smokefree laws remain high, according to a new

survey looking at the first year of Smokefree England.

Smokefree law has created a more supportive environment

to help smokers quit t