Brunswicks is a specialist law firm offering strategic regulatory advice nationwide.

Making the most of BHCR

BHCR is distributed primarily by email and in pdf form. It is best viewed as a pdf where you will find embedded hyperlinks. We cannot guarantee that these links work or will remain working although they did at the time the edition was first published. This edition of BHCR is reproduced on this web-page. You can re-size the font and use the Search this Site facility to identify useful text. The hyperlinks are not activated directly from this web-page. If you wish to use them you are advised to use the pdf version.

Both editions are © Brunswicks LLP 2008


BHCR 2008 Vol 3 Issue 27

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

This week my firm has been challenging the content

of inspection reports produced by the Commission

for Social Care Inspection (CSCI).

Of course, the rules which apply to the process are

the rules which CSCI says apply. They make

them. There is no one to oversee them or to

exercise control over them apart, that is, from the

courts.

There are absurdities; for example, an inspection

takes place, perhaps a month later you receive a

draft inspection report. You are allowed 28 days to

raise issues of concern, factual inaccuracies and so

on. That may take you all, or almost all of the 28

days to prepare a detailed written response and to

assemble all of the evidence in support.

You may therefore submit your response on the 28th

day.

However, if you wish CSCI to conduct a formal

review of the report notice must be give to CSCI

within 7 days after the expiration of the 28th

day. Barely enough time for the CSCI office to issue

an acknowledgement of the written response.

The guidance, suggests that there will be a dialogue

between CSCI and the provider throughout the 28

day period for a written response to be made. The

reality is very different, particularly if there are

tensions between the two – invariably the case when

matters become contentious.

Baroness Young, the new chair of the Quality Care

Commission which is due to take over the role of

CSCI (together with those of other regulators) has

recently said that she will not introduce too many

changes when power transfers across. However,

the review process of draft reports is odd and I hope

Baroness Young's team gives it early consideration.

 

Abuse

1. New powers to stop sex offenders

11 July 2008 - COI

People who commit sex offences against children

abroad will face prosecution in the UK, even if that

offence is not illegal in the foreign country it was

committed, Home Office Minister Vernon Coaker announced.

2. Bunker searched in Jersey child abuse

probe

10 July 2008 - The Independent

The investigation into child abuse at Haut de la Garenne,

the former children's home on Jersey, took a

further twist when forensic officers began searching

a former bunker less than a mile from the home.

Police said six victims of abuse had come forward

alleging "serious sexual crimes" were carried out

against them in the bunker which was built and used

by German artillery when the island was under Nazi

occupation during the Second World War.

3. Disgusting! Care worker convicted abusing

older people

9 July 2008

Nina Strange, a senior care worker at Rutland

Manor, Ilkeston was convicted in court of five

charges of ill-treatment of elderly people in her care.

The full horror of Strange's “disgusting” behavior

came to light when the senior healthcare assistant

was seen by a trainee care worker who “blew the

whistle” on her actions. Giving evidence at a trial at

Derby Crown Court, the 20-year-old trainee said she

had seen Mrs Strange dip a toothbrush into bath water

in which Doreen Walsh, who was incontinent, had

defecated, before using it to brush her teeth.

The court also heard that Strange had hit an 88-yearold

wheelchair-bound woman across the back of the

head, twice hit an 81-year-old man on the head and

pulled an 81-year-old woman's hair as she put her to

bed.

Commenting on the case Gary Fitzgerald, Chief Executive

of Action on Elder Abuse said “the five

charges and conviction of ill-treatment for Nina

Strange, a care worker is both horrendous and

shocking and it’s almost unthinkable that frail, old

people can be treated in such an appalling manner by

another human being! And yet, the reality is that the

level of calls reporting abuse is on the increase to our

free phone number at Action on Elder Abuse – tel: 0

808 808 8141. The helpline has received over

14,000 calls reporting abuse since 2000.

AEA is calling for the new laws that will give older

people the same level of protection as children. The

abuse meted out to Doreen Walsh and to other elderly

victims by Ms Strange, reflects our concerns and

evidence that the level of abuse of the older people

occurs with alarming regularity. The Courts and

Public need to be made aware of just how serious

this problem is and to realise that abuse, as a deliberate

callous act or any form of neglect must not be

tolerated. Abuse of older people is a crime against

society's most vulnerable and the sentencing should

reflect this. We need to send out the message that

society will not tolerate such offences.

Amidst this damning case are the positive and highly

commendable actions of the 20 year-old trainee care

worker who blew the whistle on Ms Strange. We salute

her courage.

Far too many media stories highlight situations where

colleagues turn a blind eye to unacceptable behaviour

or practice because they do not have the confidence

to challenge it. The situations where senior

management or colleagues know of alleged abuse

but fail to act - must stop!

We need urgent attention to be given to this scandal

and we are now calling for ‘everyone’ – including

Government to make a difference. There can be no

secrets and hiding place for the abuse of older people.”

4. New powers to stop sex offenders

Dignity Champions Newsletter

Summer 2008 - DoH

Welcome to the summer edition of the Dignity

Champions Newsletter

The number of Dignity Champions continues to increase

and has now reached 2307, an increase of

almost 500 since the last newsletter and a considerable

step closer to our target of 3000 champions by

the year end.

Along with updates on policy initiatives, news and

events, we are delighted to publish in this edition reports

from dignity champions in Warrington, Royal

Borough of Windsor and Maidenhead, and Gloucestershire

on exciting initiatives they are undertaking in

their areas - keep these stories coming.

We would particularly like to highlight changes we

are making to the website. To support the dignity

campaign further, we will be launching a revamped

website this July to support all Dignity Champions.

Full of new features, the website will enable champions

to become more effective in sharing best practice

and networking locally with each other. More

information on the website will be circulated in the

coming month so keep an eye on the champion’s site

or contact Tom Loader at dignityincare@

dh.gsi.gov.uk or call 020 7972 4007

Finally, you will see that we have changed the format

of this edition in an attempt to improve the look of the

newsletter. However, we really want to hear your

thoughts on the content of the newsletter - how useful

is it to you in your role as a champion and what

can we do to improve it further? Send your thoughts

to dignityincare@dh.gsi.gov.uk or call 020 7972 4007

Enjoy your read

LOCAL DIGNITY LEAD CONTACTS ARE

LISTED BELOW:

South West: Nye Harries nye.harries@dh.gsi.gov.uk

South East: Yves White Smith yve.whitesmith@

csip.org.uk

London: Lesley Carter Lesley.

carter@londondevelopmentcentre.org

West Midlands: Philippa Shreeve

philippa.shreeve@csip.org.uk

East Midlands: Marion Gee

Marion.Gee@eastmidlands.csip.nhs.uk

Eastern: Angela Glew angela.glew@dh.gsi.gov.uk

North West: Ged Taylor ged@jgtsolutions.co.uk

North East: Debbie Smith debbiesmith.

csip@yahoo.co.uk

Yorkshire & Humber: Sally Rogers sallyrogerscsip@

aol.co.uk

DIGNITY IN CARE TEAM

Tom Loader tom.loader@dh.gsi.gov.uk 0207 972

4007

Rachel Swallow rachel.swallow@dh.gsi.gov.uk

Karen Dooley Karen.Dooley@dh.gsi.gov.uk

Richard Campbell richard.campbell@dh.gsi.gov.uk

Ruth Eley ruth.eley@dh.gsi.gov.uk

For general enquiries or request the newsletter in

larger font if you receive this newsletter by post,

please email dignityincare@dh.gsi.gov.uk or call

020 7972 4007

Business News

5. CareTech Holdings plc

9 July 2008

The Board of CareTech Holdings PLC announced

that Richard Midmer, Non-executive Director of the

Company, has tendered his resignation as a

Non Executive Director of the Company with immediate

effect; he takes up a role as Finance Director of

Southern Cross PLC.

The Company will in due course seek to appoint a

further non executive Director.

6. Southern Cross Healthcare Group PLC

9 July 2008

Wednesday, 9 July 2008 - Southern Cross Healthcare

Group PLC notes recent press speculation and

today's move in its share price.

The company confirms that, whilst it has received

general enquiries from a number of parties regarding

the company's current situation, it has received

no approach relating to an offer for the company, nor

is the Board seeking to procure any such offer.

The Board of the company remains focused upon the

potential sale of certain of the care home property

assets currently held on balance sheet and necessary

amendments to its existing banking arrangements to

reflect the changed circumstances which now face

the Company. A further announcement regarding

progress of these matters will be made in due course.

7. Castlebeck Announces a New Chief Executive

9 July 2008

Castlebeck has announced that its Managing Director

for Adult Services, Jon Mann, has been appointed as

the company’s new Chief Executive.

Jon is taking over from David Cole who will continue

as Chairman of the group, part of the Lydian Group of

companies which acquired Castlebeck in 2006.

Castlebeck provides particular expertise in delivering

care to those with challenging behaviour and more

complex needs. Castlebeck also operates specialist

treatment centres for adults with autistic spectrum

disorders.

Jon has been with Castlebeck for 10 years. He qualified

as a doctor in 1985, joined Castlebeck as a Consultant

Psychiatrist in 1998 and became increasingly

enthused by the potential for delivering high quality

clinical and support services in the independent sector,

having previously been (and remaining) a strong

advocate of the NHS. After a number of Executive

roles from 2002, Jon became Managing Director.

Jon said: “I would firstly like to thank David for his

huge contribution to Castlebeck over the past five

years and for his commitment to all staff and residents

and for his positive and creative approach over

his time with us.

“I joined Castlebeck ten years ago this summer and

was struck from the outset by the care, commitment,

wisdom and expertise of staff I met then and have

had the opportunity to work with over the intervening

time.

“I am very much looking forward to continuing to

work with the whole Castlebeck team, to do the very

best we can for those who live in our services, and

thus to continue the company’s success.”

8. Property crisis sees Bank of Ireland reins

in commercial lending

8 July 2008 - The Telegraph

The Bank of Ireland has reigned in commercial lending,

telling some British customers it has shut its

doors to new business for three months.

Ed. We carried this news in BHCR last week.

9. Advent closes in on care homes

7 July 2008 - Financial Times

Advent International is expected to complete its purchase

of Craegmoor Healthcare, an operator of residential

care homes, this week, with an expected

price of approximately £300m.

Craegmoor is presently owned by Legal & General

Venture, the private equity arm of the insurance

group, which acquired the group seven years ago.

It employs 6,500 people and has an annual turnover

of approximately £170m. It operates 250 care

homes, day care centres and independent hospitals

in the UK.

Ed. I have no news of whether completion has

taken place.

10. CareTech Holdings plc

7 July 2008

CareTech announced that at a board meeting on

07.07.08 that it had allotted 7,142,857 ordinary

shares of 0.5p each in the Company ('Ordinary

Shares'), following the passing of the resolutions at

an EGM of the Company held earlier that day. Application

has been made for the admission of the new

Ordinary Shares to trading on the AIM market of the

London Stock Exchange on 8 July 2008.

The enlarged issued share capital of the Company

now consists of 44,538,918 Ordinary Shares.

11. Southern Cross Healthcare Grp PLC

7 July 2008

The Company announced that it received notice

that the following Directors/PDMRs purchased the

following number of shares on Friday 4th July 2008.

In addition, Nancy Hollendoner notified the company

of a purchase of 10,000 shares by a connected person

at 91.14p per share and consequently she now

has an interest in 15,919 ordinary shares representing

0.008% of the Company's issued share capital.

12. Proposed Acquisition of 50% of Partnership

Health Group Limited (“PHG”), currently

a joint venture between Care UK and Life

Healthcare Group (Proprietary) Limited

(“Life”)

Proposed Placing of 4,666,666 New Ordinary

Shares at a price of 345 pence per share

Proposed Amendment to the Articles of Association

of Care UK

The Board of Care UK announced that the Company

entered into a conditional agreement to acquire the

50% interest in PHG not already owned by the company

from its joint venture partner, Life, for an initial

consideration of approximately £14.1 million, to be

satisfied through a Vendor Placing on behalf of Life

on Completion.

Director/PDMR No. of Shares Acquired

Price Paid Shareholding following this purchase % now held

Kamma Foulkes 17,751 83.78p 32,751 0.017%

Janette Malham 17,751 83.78p 40,711 0.022%

Ray Miles 118,348 83.78p 163,837 0.087%

William Colvin 500,000 83.78p 1,000,000 0.532%

Christopher Fisher 20,000 83.78p 50,000 0.027%

Richard Midmer 59,173 83.78p 59,173 0.031%

12. Proposed Acquisition of 50% of Partnership

Health Group Limited (“PHG”), currently

a joint venture between Care UK and Life

Healthcare Group (Proprietary) Limited

(“Life”)

In addition to the Vendor Placing, Care UK intends to

raise a further £2.0 million through a Cash Placing to

institutional and other investors. The net proceeds

from the issue of the Cash Placing Shares will be

used for general corporate purposes acknowledging

that further consideration of £2 million may become

payable. The Vendor Placing and the Cash Placing

have been fully underwritten by Investec.

Highlights

The initial consideration for the acquisition is approximately

£14.1 million, with a single further contingent

consideration amount of £2.0 million payable

should any of the four Wave 1 Independent Sector

Treatment Centres (“ISTCs”) currently operated by

PHG continue to provide services following the end

of their initial contract terms. The remaining shareholder

loan of £2.9 million from Life to PHG, together

with any accrued interest, will also be repaid by PHG

at Completion with Care UK receiving an equivalent

amount;

The Acquisition, Vendor Placing and Cash Placing

are conditional on approval by Care UK’s shareholders,

the Department of Health (“DoH”) and the

South African Reserve Bank; the latter approval has

already been received;

The Board considers that full ownership of PHG

would give Care UK’s Health Care division significantly

enhanced scale and a broader range of wholly

owned competencies to enable it to compete successfully

in the emerging market for the provision of

services by the independent sector to NHS patients;

Directors and senior management are subscribing

for an aggregate of 175,195 New Ordinary Shares

in the Placing;

The Board believes that the Acquisition will be

earnings enhancing for Care UK in the first full financial

year following Completion.*

* This statement should not be interpreted to mean

that the earnings per share of Care UK following the

Acquisition will necessarily match or exceed the historical

published earnings per share.

13. CareTech Holdings plc

It’s the credit crunch, stupid

July 2008 - Community Care Market News

Market analyst William Laing leads with thoughtful

comments on the current turmoil in the value of businesses

in the care sector – particularly the quoted

companies.

14. Priory appoints chief operating officer

July 2008 - Community Care Market News

Matthew Franzidis has been appointed coo of the

Priory.

Ed. With the new management team in place will

it now seek to expand by picking up bargains

available following the credit crunch, or, will they

have their hands full keeping the ship

steady? Time will tell.

15. Swapping burgers for bedpans

July 2008 - Community Care Market News

Interview with Tim Hammond, MD of Barchester on

the parallels between a social care business and his

previous business TGI Friday’s. The fundamental

principles are the same – a need for good general

managers, training, good staff, all aimed at delivering

an excellent customer experience.

Care Homes

16. Care homes praised for standards

10 July 2008 – BBC News

Sun Court Nursing Home and the Claremont Home,

both in Norfolk have been singled out as delivering

excellent care for elderly people.

These two homes are among just 34 in England to be

singled out.

The gold standard framework is an NHS scheme to

raise the standard of care of private homes.

For full report click here

17. Care home gets deep clean

4 July 2008 – UK Press Google

The Health Protection Agency has revealed that a

care home had to undergo a hospital-style deep clean

after two elderly residents contracted C.diff before

they died.

The cleanup was ordered at Quorns Orchard Residential

Care Home after medical concerns were

raised about the risk of an outbreak.

For full report go to http://ukpress.google.com/article/

ALeqM5j6Ct6iDJ3D1D0aaZP7F9o2B2UvFQ

18. Annual survey of UK local authority baseline

fee rates 2008/09

July 2008 - Community Care Market News - Insert

The latest of a line of 15 years’ of recording the payments

made by councils across the UK to care home

operators. This year 80% of the 209 councils provided

information.

An analysis of the crude numbers is provided in

CMMN.

19. Councils report 3% fee uplifts in 2008/09,

but real increases may be lower

July 2008 - Community Care Market News

Four pages of analysis and comment on fees paid to

social care providers including regional themes.

20. Somerset puts money where the stars

are

July 2008 - Community Care Market News

Somerset becomes another council which will pay

higher fees to care homes getting the better ratings

under the CSCI star ratings system.

Head of adult social care, Clare Steel, did not say

that there will be a move from zero rated homes saying

“We are committed to respecting the choice of

the individual”

21. New ‘fair price for care’ to be launched at

Independent Health and Care Convention

2008

July 2008 - Community Care Market News

On 17.09.08 Laing & Buisson will launch the third

update to the costing tool now in widespread use.

22. Care contracts terminated as commissioners

rewrite rules

June 2008 - Community Care News

Lead article on approach of some councils to fee increases,

namely termination of current contracts and

replacing them with a quality contract payment – the

current rate, plus a bit – reserved for a very few top

performers while everyone else suffers cuts in income.

23. Suffolk moves on with major 30 year PPP

June 2008 - Community Care News

Councillors have approved plans to invite an independent

partner for development of care provision

through a Public Private Partnership scheme.

Case Reports

Law Reports

24. Albonetti v Wirral Metropolitan Borough

Council

The Court of Appeal held that a person who had been

raped, anally or vaginally, must know that he or she

had suffered a grave wrong and that they had suffered

significant injury for the purpose of the Limitation

Act section 14.

Accordingly, A failed to recover damages.

Ed. This was one of a number of cases which

was delayed pending the decision in A v Hoare

(see BHCR Vol 3 Issue 4 etc). For further discussions

of issues relating to the effect of the Limitation

Act and various cases on claims for compensation

for historic abuse visit our podcasts where

you can down load Compensation for Child

Abuse challenging the preconceptions 2006-01-16

from http://www.brunswicks.libsyn.com/

25. Beasley v National Grid

The EAT upheld a tribunal's decision that an ET1 presented

88 seconds out of time was too late.

The Court of Appeal has just upheld the EAT's decision

(see here). Commenting at paragraph 12 that

"There is no grey area for complaints which are only

a bit out of time", Tuckey LJ refused the Claimant

permission to appeal and dismissed his claim.

With thanks to specialist employment law barrister

Daniel Barnett for this item. Daniel’s website

is at www.danielbarnett.co.uk.

26. Hall-Turner v Secretary of State

In a case before the Care Standards Tribunal brought

by H-T who opposed his listing on the POVA list

maintained under section 81 Care Standards Act

2000 and after having heard a day of evidence the

following day the Secretary of State withdrew opposition

to H-T’s application to remove his name from the

POVA List.

Having heard evidence the CST was moved to comment

on the case. The text is worthy of repeating and

a salutary reminder to those in authority that they

must apply a rigorous approach to assessing risk

rather than allowing themselves to be motivated by

other considerations. The CST said:

As evidence was heard over one day, there are matters

arising from what the Tribunal perceives to be a

catalogue of errors, which the Tribunal would like to

draw to the attention of the parties, especially that of

the Respondent [The Secretary of State]. There were

four matters that caused concern, and it is our intention

to ensure that the decision makers are aware of

the causes of concern:

20. Although outside the jurisdiction of the Tribunal

for the purposes of a remedy, we noted that there

were significant errors in the referral process, both

Knowsley Council, in their failure to identify a clear

reason for the referral and the Secretary of State for

the failure to adhere to the statutory procedure when

the second referral was received.

21. The Adult Protection Strategy Meetings held

between July and December 2006 lacked focus on

the reasons for concern or any structured assessment

of the risk allegedly posed by the Applicant.

On the evidence presented, decisions were

made on the basis of “feelings” and “felt fear” which

were not linked to any formal process of structured

risk assessment, a process which is essential to

identify the risk to vulnerable adults.

22. The SOPO [Sexual Offender Prohibition Order]

contained an incorrect reason, which does not

appear to have been picked up or questioned by any

of the professionals involved in the decision making

process until the hearing of the appeal.

23. Finally, the appeal was opposed without sufficient

consideration being given to the reason for the

apposition or indeed the grounds for opposition, and

an expert’s report prepared based on a false premise

that pornography had been viewed within a care

home, a very serious allegation,. Consequently, the

opposition to the appeals were withdrawn when it

became clear that the evidence did not support that

premise...”

Ed. The comments should serve as a reminder

to those in strategy meetings to ensure that they

apply a rigorous approach to risk assessment

and apply their intellect. Too often I have attended

Adult Protection Strategy Meetings in

which some people have already come to a concluded

view before an investigation has taken

place.

I think I will probably keep the decision with me

when attending such meetings in the future.

27. Howes v Hinckley Borough Council

The Employment Appeals Tribunal handed down

its decision which is authority for the propositions

that:

New Victoria Hospital v Ryan, holding that legal

advice privilege does not attach to the advice of employment

consultants, remains good law (para 30)

New Victoria could, in theory, be extended so

that qualified solicitors who do not hold themselves

out as acting in the capacity of a solicitor (e.g. where

part of a firm of employment consultants) may find

that privilege does not attach to their advice (although

the hurdle of holding themselves out may not be

much to get over) (para 32)

where a document was obtained to both determine

a grievance and in case of any future legal proceedings,

litigation privilege would not apply to it if the

subsequent litigation was not shown to be the dominant

purpose of the advice. (para 42)

Thanks to Daniel Barnett and to Scott Halborg

who acted for the Appellant, for providing

this summary.

Disciplinary cases

Nothing to report

Cases in the news

28. Drug case failure may be last straw for

fraud office

12 July 2008 - The Times

After ‘blowing’ mega bucks (£25m) attempting to

prosecute drug companies over alleged fraud arising

from price-fixing which the House of Lords had previously

decided could not, on its own, amount to fraud,

the Serious Fraud Office faces collapse.

29. Sight drug challenge

11 July 2008 - The Times

RNIB has backed three pensioners to mount a High

Court challenge against Warwickshire PCT refusal to

pay for ranibizumab.

30. Carer guilty of 'sadistic' attack

9 July 2008 – BBC News

Gareth Jones, 22, of Trecastle has been convicted of

a sadistic sexual assault on an elderly dementia patient

he was looking after in a nursing home.

The 77-year-old woman needed emergency surgery

after losing a litre of blood in the attack at The Mountains

Nursing Home in Libanus, near Brecon.

Sentencing has been adjourned 29 July.

For full report click here

31. Two deny care home scalding neglect

8 July 2008 – West Sussex County Times

Two staff members at a Kent residential care home

have pleaded not guilty to charges of criminal neglect

after a teenager they were looking after was scalded

in a bath.

The 19-year-old man spent two weeks in a specialist

burns unit after the incident on 11 November at the

Five Ways home in Kingsdown Park, Whitstable.

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

Two-deny-care-home-scalding.4262972.jp

32. Carer jailed for pensioner thefts

8 July 2008 – BBC News

Sharon Grocock, a former carer, has been sentenced

to 2½ years in Jail for stealing thousands of

pounds from Doreen Saville, a 77-year-old woman in

her care.

Sheffield Crown Court was told the 42-year-old stole

£16,065 from the partially-sighted pensioner between

October 2004 and the summer of 2005.

For full report click here

33. C.diff families plan legal action

8 July 2008 – BBC News

Families of patients who died as a result of C.diff after

an outbreak at the Vale of Leven Hospital earlier

this year are taking legal action. Seven families in

total are pursuing the case against NHS Greater

Glasgow and Clyde.

Health Secretary, Nicola Sturgeon, told the Scottish

Parliament the reports she had received suggested

the hospital's surveillance system was "inadequate"

and did not alert health boards to the number and

pattern of cases.

For full report click here

34. Resident dies in care home blaze

7 July 2008 – BBC News

A resident died and another person was taken to

hospital after a fire at The Hockridge, a care home

based in Westgate-on-Sea near Margate. About 45

firefighters tackled the blaze at the home after it

broke out at about 2300 BST on Sunday.

For full report click here

Children

35. Action to improve children's communication

following Bercow Review

* Government pledges £12m to implement recommendations

* A further £40m to support speaking and listening in

early years

Government announced a £52 million package today

to tackle the communication problems that can blight

children's lives.

The funding comes as a result of a ground breaking

independent review by John Bercow MP, commissioned

by Government, which identifies that communication

is the key life skill for every child - if they are

to achieve at school, make friends and be successful

in later life.

Alongside recommendations for Government, John

Bercow urged parents to help their children gain vital

communication skills by sharing activities like family

meals or outings where conversation is the focus.

It also looks at the extreme consequences communication

problems can lead to - from initial frustration at

not being able to express oneself, to bullying or being

bullied at school, fewer job prospects and even the

descent into criminality.

The review was one of the biggest of its kind ever,

with over 2,000 consultation responses - around half

of which were from parents. The onus will now be on

the Department for Children, Schools and Families

(DCSF) and the Department of Health (DH) to make

a real difference for children and families affected by

SLC problems.

A key theme of John Bercow's report is that early intervention

is key to tackling the communication problems

that can ruin young people's later lives.

The Bercow review of services for children and

young people (0-19) with speech, language and

communication needs, is available at http://

www.dcsf.gov.uk/bercowreview

36. Family justice is private – not secretive

11 July 2008 - The Times

Sir Mark Potter, President of the Family Division and

Head of Family Justice responds with his view of the

system which Camilla Cavendish wrote about so passionately.

37. Centre for Excellence and Outcomes for

Children launched

11 July 2008 – NCF

A body has been created to work on six national

themes identified in Every Child Matters - early years;

disability; vulnerable children (particularly children in

care); youth; parents, carers and families; and

schools and communities.

The Centre for Excellence and Outcomes in Children

and Young People’s Services (C4EO) is a brand new

organisation, developed for the children’s sector, from

the children’s sector.

For full report click here

38. Safeguarding Children: The third joint

chief inspectors' report on arrangements to

safeguard children

9 July 2008 – The Healthcare Commission

The third ‘Safeguarding Children’ report has been

published every three years and is normally published

every three years.

It assesses how well agencies are working at both

national and local levels to safeguard children and

young people.

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

_db/_documents/Safeguarding_children_July_2008.pdf

39. Vulnerable children's care fears

8 July 2008 – BBC News

The findings of a report by the chief inspectors of

eight inspectorates including Ofsted, the Commission

for Social Care Inspectorate and HM inspector of

prisons has found that one in ten children’s homes in

England are failing to meet the required standards to

keep youngsters safe.

For full report click here

40. Open family courts

8 July 2008 - The Times, Letters to the Editor

From Dr M E J Wise, Chairman, BMA Medico-Legal

Committee, points out, in response to Camilla

Cavendish’s article that an expert provides an opinion

not for a party to the proceedings but to the court

for its assistance.

41. The secret state that steals our children

7 July 2008 - The Times

Camilla Cavendish reviews in the first of three articles,

this one over four pages, the activities of the

family courts which operate in secrecy and can take

children from parents without permitting them to present

their case properly using experts instructed on

their behalf. Her conclusion, the system much

change.

Conferences & Courses

42. NATIONAL DEMENTIA STRATEGY FORMAL

CONSULTATIONS - 17TH JULY, FARNHAM

AND 23RD JULY 2008, EASTWELL

MANOR, KENT Aimed at all those involved with or

affected by dementia, the two consultation events,

hosted by CSIP South East, offer an opportunity for

attendees to have their say on the recently published

Draft National Dementia Strategy.

To download the full event flyer and book a place,

please go to the dignity in care champions’ network,

www.dignityincare.org.uk or call Fiona Proffitt on

0148 3245113. Booking closes on the 27th June.

43. LONDON DIGNITY CHAMPIONS MEETING

- 14 AUGUST 2008 CENTRAL LONDON

The next London based dignity champions meeting is

to take place on the 14th of August. The meeting is

open to all dignity champions who are encouraged to

share and present the work they are doing around

dignity with other London champions.

Please email Katrina.young@dh.gsi.gov.uk or call

0207 9721337 to secure your place.

44. The Independent Health & Care Convention

2008

16-17 September 2008

The Brewery, London

The second annual Independent Health & Care Convention

is an event to be staged by Britain’s premier

healthcare analysts and publishers Laing & Buisson

in 2008.

Remaining an exciting multi-faceted event, the Convention,

comprises:

A series of keynote debates pertinent to the independent

health and care sectors and their partners

in the statutory sector. Speakers and contributions

from the floor are invited from across the private,

voluntary and statutory sectors

An extensive exhibition area - see list below for

exhibitors

Fringe meetings and workshops

download the Skills for Health Fringe meeting

topic

download Information Centre for Health meeting

topic

A range of other opportunities for networking

Download the convention brochure for full details or

visit our website

www.independenthealthcareconvention.co.uk

TO BOOK YOUR PLACE

To book your place at this event download the brochure

and booking and fax or post , call the Conference

team on 020 7923 5344 or email conferences@

laingbuisson.co.uk

All inf or m a ti on can be found at

www.independenthealthcareconvention.co.uk

45. Vulnerability, Risk & Empowerment—

Action on Elder Abuse

17 September 2008

Edinburgh Conference Centre, Heriot Watt University,

Edinburgh

Systems, policies and procedures to protect adults at

risk from abuse have existed prior to the introduction

of guidance and legislation. With the Adult Support

and Protection Act arguably posing as many questions

as it provides answers, this unique and exciting

one day conference hosted by Action on Elder Abuse

will consider a number of key issues contained within

the Safeguarding debate in Scotland including:

The implication of definitions: Adults at risk/

vulnerable adults or adults vulnerable to abuse

The current state of protection in Scotland—

interventions and key concepts: where have we

reached?

The Domestic Abuse Agenda: what are the lessons

for protective systems?

Advocacy and Empowerment: do we really mean

it?

Regulation and Protection: two sides of the same

coin or separate activities?

The Criminal Justice Response to adult abuse: a

crime or something else

A full, detailed programme and booking form will be

available shortly, but to register your interest and

request a booking form, please contact Daisy Goodstien

on daisygoodstien@elderabuse.org.uk or call

us on 0208 765 7000.

46. Capita’s 3rd National Conference

The Future of the Adult Social Care Workforce

Friday 19th September 2008 – Central London

Please note that we are now taking bookings on this

informative and topical event, which is CPD Certified

and includes contributions from Skills for Care and

Skills for Health. I would be grateful if you could

read the following information and also forward it on

to anyone you feel would be interested, especially

those involved with HR/Personnel, Adult Social Care

Management, Recruitment and Workforce Development,

so that all stakeholders have the chance to

attend.

Please click here to download a copy of the conference

brochure in pdf format, which includes a full list

of speakers, an agenda for the day and a booking

form. If you have any problems with the hyperlink,

please e-mail me at dave.eastman@capita.co.uk and

I will send the brochure as an attachment.

Chaired by Jon Glasby, Professor of Health and Social

Care, Director Health Services Management

Centre, University of Birmingham, our expert

speakers include:

Glen Mason, Director of Social Care Leadership

and Performance, Department of Health

Kathryn Halford, New Ways of Working Divisional

Manager, Skills for Health

Jim Thomas, Programme Head, New Types of

Worker, Skills for Care

Liz West, Learning and Development Manager

for Adult Care Services, Hertfordshire County

Council

Jonathan Langman, Assistive Technology and

Prevention Services Officer, Norfolk Council

Beverley Maybury, Head of Modernisation, Adult &

Community Services, Oldham Metropolitan Borough

Council

Places can be booked on this event either by filling

out and returning the booking form on the final page

of the conference brochure, or by e-mailing the delegate

details directly to me at dave.eastman@capita.co.uk.

Alternatively you can book online by clicking here and

using Booking Reference Code TSDE.

We offer discounts for Block Bookings of 3 delegates

or more, please call me direct on 0207 808 5309 for

more details.

THE BOOKING REFERENCE CODE IS TSDE. YOU

MUST QUOTE THIS WHEN BOOKING.

47. LCA Annual Conference and Exhibition

(and Charity Gala Dinner)

Thursday 25th September 2008, LCA will be again

holding its annual conference and exhibition "Brave

New World- Transforming Social Care: Personalisation

And Quality". Advance details available on http://

www.lancashirecare.org.uk and booking form will be

available in due course to book your place in advance

e m a i l S a r a h L u t o n a t

sarah.luton@lancashirecare.org.uk

48. 17th International Congress on Palliative

Care

23-26 September 2008 at the Palais des Congrès

in Montréal, Canada.

Presented by the Palliative Care Division of the Departments

of Medicine and Oncology of McGill University,

this biennial Congress has grown to become

one of the premier international events in palliative

care. Healthcare professionals, therapists, volunteers

and all those involved in care for the dying come to

renew themselves as providers of care and to obtain

the inspiration that will help them shape the palliative

care of the future. Since the first Congress in 1976

under the leadership of palliative care pioneer Dr.

Balfour Mount, there has been increasing agreement

in the field that palliative care should be provided

from diagnosis, hence the shift to “Palliative Care”

from “Care of the Terminally Ill” in the title of the

2008 Congress.

Poster abstracts may be submitted until May 28,

2008.

The early registration deadline is March 24,

2008. For more information, to register or to submit

an abstract, please visit www.pal2008.com or call

450-292-3456 ext. 227.

April O’Donoughue

Tel: +1 (450) 292-3456, ext. 227

Fax: +1 (450) 292-3453

E-mail: info@pal2008.com

Web : www.pal2008.com

49. LCA Annual Conference and Exhibition

2008

“Brave New World - Transforming Social Care:

Personalisation and Quality"

25th September 2008 at Mercure Dunkenhalgh

Hotel, (J7 M65)

F o r m o r e i n f o r m a t i o n c o n t a c t :

sarah.luton@lancashirecare.org.uk

50. Delivering effective end-of-life care: developing

partnership working

Wednesday 15 October 2008, 9.30am4.00pm,

London

Recognition of the need for good-quality end-of-life

care has been steadily increasing, with the release of

the government's End of Life Care Strategy being

imminent. Much pioneering work has been done by a

wide range of organisations across health and social

care. There is now a move towards effective commissioning

and co-ordination of this care, in order to enable

greater choice for those at the end of their life.

Produced in partnership between the King's Fund

and Marie Curie Cancer Care, this one-day conference

will look at how best to deliver end-of-life care.

Key speakers

Professor Mike Richards CBE, Chair, End of Life

Strategy Advisory Board and National Clinical Director

for Cancer

Dr James Beattie, National Clinical Lead, NHS Heart

Improvement Programme and Consultant Cardiologist,

Birmingham Heartlands Hospital

Places at this event are limited so we recommend

that you reserve a place as soon as possible by

downloading a registration form from our website or

booking online. For further information and to

download the full programme, please visit our website

or email us and we will be happy to provide you with

more details.

51. Improving patients' experiences: developing

high quality care

Monday 27 October 2008, 10.00am–1.15pm

The King's Fund, 11–13 Cavendish Square, London

W1G 0AN

Achieving high quality patient care will be the key objective

for the NHS over the coming years, with particular

focus in the NHS Next Stage Review on measuring

and improving the patient experience. Secretary

of State for Health Rt Hon Alan Johnson MP, at the

NHS Confederation Annual Conference, pointed to

new measures which will be introduced to look at the

safety and quality of care, as well as the compassion

with which that care is delivered. Work is already underway

on the development of Patient Reported Outcomes

Monitoring, and the choice agenda is being

rolled out. How should providers and commissioners

ensure they are at the forefront of the movement to

transform patients' experience?

This seminar will:

develop understanding of patients' experience

and how to involve patients in service design

provide case studies from the acute sector including

insight into methods for measuring patients' experience

encourage discussion between commissioners, acute

care providers and patients about methods for improving

the quality of care.

Places at this event are limited so we recommend

that you reserve a place as soon as possible by

downloading a booking form from our website or

booking online. For further information and to

download the full programme, please visit our website

or email us and we will be happy to provide you with

more details.

52. Lancashire Care Association Annual

Conference and Exhibition 2008

25th September 2008

"Brave New World - Transforming Social Care: Personalisation

and Quality"

The programme will be out in due course but, as

ever, there will be topics of interest to proprietors and

their businesses, to practitioners, service-users and

to policy-makers and planners, with local and national

speakers. Also note we will again be organising

a Charity Gala Dinner so those of you who can,

can let your hair down, and enjoy a social ‘do’ helping

a good cause. Details will follow.

LWDP Celebration Event - Wednesday 28th May

Blackpool BC/LCA Care Providers Workshop -

Thursday 5th June

LCA/LCC Joint Domiciliary Seminar - 19th June

LCA Board & AGM - Wednesday 25th June

LCA/LCC/UKHCA Social Care Partnership Meeting

- Friday 11th July

53. Mind the Gap! ECCA Conference, November

12, 2008. Book now and save £50!

Book now for our conference on the future of care at

the Holiday Inn, Bloomsbury, London WC1. Email

conference@ecca.org.uk , call 08450 577 677, or

visit www.ecca.org.uk.

54. Action on Elder Abuse is pleased to announce

their National Conference for 2009

will be on Monday 23 March 2009 and Tuesday

24 March 2009.

Next year it will be held at East Midlands Conference

Centre.

Nottingham Conferences

University Park, Nottingham, NG7 2RJ

T: 0115 951 5000

F: 0115 951 5009

nottinghamconferences.co.uk

Consultations

To follow next week

CSCI/Care Quality Commission

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

Healthcare Commission &

Scottish Care Commission

55. Healthcare Commission Annual Report

2007-08: Making healthcare safer for patients

10 July 2008 – Healthcare Commission

Annual report covering the work of the Healthcare

Commission between 1 April 2007 and 31 March

2008.

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

_db/_documents/Annual_Report_2007-08_200807105417.pdf

56. Healthcare watchdog urges NHS to seize

opportunity to improve maternity services as

it published national report

10 July 2008 – Healthcare Commission

The Healthcare Commission has urged the NHS to

redouble efforts to improve maternity services by enhancing

the quality of clinical care and the experiences

of women.

The body will be publishing a national report on maternity

services, containing conclusions and recommendations

from a major review involving 150 NHS

trusts in England.

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

newsandevents/pressreleases.cfm?

cit_id=6492&FAArea1=customWidgets.content_view_1&useca

che=false

57. Self-funders to receive independent resolution

of complaints

9 July 2008 – CSCI

Article by the CSCI announcing that people who fund

their own care will soon be able to take their complaints

to the Local Government Ombudsman.

For full report click here

58. CSCI national conference 2008

8 July 2008 – CSCI

A report on CSCI’s national conference on 25 June

2008 at the QEII conference centre in London.

For full report click here

59. Latest Safeguarding Children review

shows most vulnerable children not yet

benefiting from improvements to services

and outcomes

8 July 2008 – Healthcare Commission

Report by the Healthcare Commission on the landscape

of children’s services since the previous Safeguarding

Children report in 2005.

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

newsandevents/pressreleases.cfm?

cit_id=6491&FAArea1=customWidgets.content_view_1&useca

che=false

60. Waving, not drowning – CSCI’s head prepares

her goodbyes

June 2008 - Community Care News

Interview of Dame Denise Platt who comments on the

current issues facing the social care sector and reflects

on some of the progress/successes of CSCI.

Dementia

61. The DH gets down to dementia

July 2008 - Community Care Market News

A three page careful review and comment on the

DoH Publication ‘Transforming the quality of dementia

care’ and what it might mean for care homes of all

shades.

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

62. Ambulance cuts denied by minister

8 July 2008 – BBC News

The Irish Health Minister, Michael McGimpsey, has

denied that plans are in place to reduce funding for

the Ambulance Service.

He announced instead that there will be an extra

£3.8m given after efficiency savings have been

made.

For full report click here

Scotland

63. Scrutiny call after files found

11 July 2008 – BBC News

NHS Lanarkshire has issued an apology after private

patient data was found at a disused hospital building

site in Carluke. The Trust admitted mistakes were

made whilst transferring information between sites.

The data included X-rays marked with patients'

names, photographs and other paperwork.

For full report click here

64. Is the Scottish NHS really the best?

8 July 2008 – BBC News

Article looking at the Scottish Government and its

approach taken on working with its doctors.

For full report click here

65. Private firms face Scots GP block

8 July 2008 – BBC News

Scottish Ministers are planning to close a “legal loophole”

which currently allows private firms to run surgeries

within the GP contract.

Health Secretary, Nicola Sturgeon, announce at a

British Medical Association conference how she intends

to prevent firms getting a foothold in GP care.

For full report click here

66. Rethink call on home care charges

7 July 2008 – BBC News

Mark Hood, Labour councillor has written to Fife

Council to urge them to rethink their new care

charges. His move followed the release of a briefing

document by the council officers on the progress of

home care assessments.

For full report click here

Wales

Nothing to report

Learning Disabilities

67. 'Parents use forced marriage as care option

for learning disabled'

11 July 2008 – Community Care

A parliamentary meeting has heard how some parents

use forced marriage as a long-term care option

for people with learning disabilities.

Haji Saghir Alam, a member of government

disability advisory body Equality 2025, said that

some parents saw forced marriage to make sure their

learning disabled children would be cared for when

they could no longer do the caring themselves.

For full report click here

Legislation Update

68. No. 1798 (C.76) The Children and Adoption

Act 2006 (Commencement No. 2) Order

2008

11 July 2008 – OPSI

For full legislation click here

69. No. 1802 The Protection of Children and

Vulnerable Adults and Care Standards Tribunal

(Amendment) Regulations 2008

11 July 2008 – OPSI

For full legislation click here

70. No. 1804 The Childcare (Fees) Regulations

2008

11 July 2008 – OPSI

For full legislation click here

71. No. 1729 The Childcare (Inspections)

Regulations 2008

9 July 2008 – OPSI

For full legislation click here

72. No. 1740 The Childcare (Disqualification)

(Amendment) Regulations 2008

9 July 2008 – OPSI

For full legislation click here

73. No. 1722 The Childcare (Provision of Information

About Young Children) (England)

Regulations 2008

8 July 2008 – OPSI

For full legislation click here

74. The Mental Health Act 2007

(Consequential Amendments) Order 2008

8 July 2008 – OPSI

For full legislation click here

Mental Health

75. Angela Greatley on a new vision for mental

health

11 July 2008 - Health Service Journal

Next year, the first of the Government's national service

frameworks will come to an end. The adult

mental health framework was published in 1999 as a

10-year plan for improving services and setting out

what patients could expect from them.

76. Boss quit before critical report

9 July 2008 – BBC News

It has emerged that Chief Executive, Sheila Foley,

resigned from Manchester Mental Health Services

Trust days before a report which was very critical of

mental health services in Manchester.

Ms Foley was also in post during lengthy strike action

by Unison in a row over the suspension of an

official.

For full report click here

Miscellaneous

77. Annual Report due

Prof. Sir Liam Donaldson, the Chief Medical Officer,

will publish his annual report on Monday 14 July.

78. Superbug vaccines 'within decade'

13 July 2008 – BBC News

The Government’s chief medical officer for England,

Sir Liam Donaldson has announced that vaccines

against MRSA and C.diff could be available as early

as within a decade.

The two infections currently contribute to more than

8,000 deaths in England and Wales in 2005 and

2006.

Sir Liam said a vaccine against C.difficile should be

available within five years, and one against MRSA

within five to 10 years.

For full report click here

79. Sight drug challenge

11 July 2008 - – The Times

Three elderly patients brought a High Court challenge

against Warwickshire Primary Care Trust’s refusal to

fund sight-saving treatment. Backed by the Royal

National Institute of Blind People, they say that health

chiefs acted “unlawfully and irrationally” in refusing to

pay for the drug ranibizumab (Lucentis). All three

have wet age-related macular degeneration. The

hearing continues.

80. Birmingham University to lead new Third

Sector Research Centre

11 July 2008 – NCF

It has been announced that Birmingham University

will lead a new Third Sector Research Centre dedicated

to analysing the impact of the sector's activities.

It will work jointly with the University of Southampton

and aims to bring about a step change in the

quality and quantity of hard evidence available to

support the work of third sector organisations.

For full report click here

81. UK a world leader in outsourced public

services says review

11 July 2008 – NCF

According to a report on the Review of the Public Services

Industry, the contribution of outsourced public

services to the UK economy has grown 130% since

1995 and now represents the most developed public

s e r v i c e i n d u s t r y i n t h e w o r l d .

For full report click here

82. Personalisation agenda gets it[s] first

leader

July 2008 - Community Care Market News

Jeff Jerome will become responsible for providing

support to councils as they implement the personalisation

programme set out by DoH.

83. Government efforts at community care

are failing

July 2008 - Community Care Market News

The report ‘Shifting the balance of care to local settings’

which looked at the effectiveness of the delivery

of health services in community settings are

‘patchy’. The report was produced by Loop2 and the

King’s Fund.

84. Social care law reform announced, but it

could be far from a quick change

July 2008 - Community Care Market News

Robert Potter considers what can be expected from

the review of the law concerning adult social

care. The Law Commission will task itself with a review

of the many laws and set out its view as to how

to rationalise it and reduce it into one coherent whole.

Ed. If only…

85. Ambitions for Health report published

10 July 2008 – NCF

The Department of Health has published a new

framework for action on social marketing and public

health.

‘Ambitions for Health’ details out how it intends to

use evidence of what motivates people to help them

lead healthier lives through targeted action.

For full report click here

86. Putting people at the heart of health

10 July 2008 - COI

A new framework for action on social marketing and

public health was published today by the Department

of Health. Ambitions for Health sets out how we will

use evidence of what motivates people to help them

lead healthier lives through targeted action. This

builds on the success of programmes like Health

Trainers, which provides one-to-one support to help

individuals tackle health issues.

People are ambitious for their own health and for the

health of their family. This framework shares that

ambition, ensuring that we use evidence and our understanding

about people to design and deliver effective

interventions.

The new framework for social marketing is based on

four key areas:

* Health Capacity: Increasing the skills and knowledge

of public health professionals through a series

of conferences, seminars, and research materials.

* Health Insight: What motivates people to change

their behaviour. A new 'life stage segmentation

model' will be live by Summer 2009, which provides

a '360-degree picture' of the population and individual

behaviour across issues including obesity, drug

and alcohol misuse, and smoking. A new 'one stop

research shop' will also bring together a vast array of

useful data in one place.

* Health Innovations: Putting social marketing into

action locally, nationally, and regionally. Learning

from the successes of programmes like Health Trainers

and Life Checks will inform future innovative ways

to improve people's health.

* Health Partnerships: We have established a £1 million

per annum partnerships capacity building fund to

provide local and regional support for building partnerships.

Ambitions for Health: A strategic framework for maximising

the potential of social marketing and healthrelated

behaviour can be downloaded from: http://

www.dh.gov.uk/en/Publichealth/Choosinghealth/

DH_066342

87. BMA votes for – and against – NHS copayments

10 July 2008 - The Times

Report of a ‘bruising’ debate going both ways at the

BMA annual conference in Edinburgh.

88. New network will develop use of telecare

and telehealth to manage long-term conditions

9 July 2008 – King’s Fund

A new network has been established to help expand

greater use of cutting-edge technologies, such has

telehealth and telecare in health care to help patients

with long-term conditions.

The new network will be known as the Whole Systems

Demonstrator Action Network and will be run by

The Kings Fund and the Care Services Improvement

Partnership, backed by Department of Health funding.

For full report click here

89. White Paper delivers power shift to local