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BHCR 2008 Vol 3 Issue 29
Brunswicks Healthcare Review 2008 Volume 3 Issue 29

(Click the icon to download)
© Brunswicks LLP 2008

This week's article

Editorial

This week saw the Health and Social Care Act 2008

receive Royal Assent.

Accordingly, it is now certain that the Commission for

Social Care Inspection (CSCI) will be replaced next

year by the Care Quality Commission (CQC) – the

expected timing is April 2009.

CQC will have a range of powers that were not

available to CSCI, however, the main objectives of

the CQC is said by Government to be to protect and

promote the health, safety and welfare of people who

use health and social care services with the reforms

intended to create more public confidence in the care

received from Health professionals.

Further, the Act extends the reach of the Human

Rights Act care by ensuring that any independent

sector care home that provides accommodation

together with nursing or personal care on behalf of a

local authority is subject to the Human Rights

Act. This is odd from several perspectives – first, it

was unnecessary. I have written extensively about

why it is unnecessary – see previous issues of

BHCR. Second, if one accepts that it is both

necessary and of value, why deny privately paying

service users the ‘protection’?

We will review the Act in future issues of BHCR after

the summer break.

 

Abuse

1. Child abuse experts fly in with advice for

Jersey

26 July 2008 - Jersey Evening Post

The Jersey Care Leavers’ Association held a twohour

public meeting at Fort Regent at which Liz Davies,

a senior lecturer at London Metropolitan University,

spoke at the meeting which was called to consider

how the island should address the historical

child abuse matters arising from the Haut de la Garenne

children’s home.

2. Independent Safeguarding Authority

25 July 2008 - ISA Stakeholder Newsletter

There is to be guidance issued on the workings of

the scheme – possibly issued in September.

110 people have been made conditional offers of

employment to caseworker/decision makers.

The scheme is to go live in October 2009 and will

replace the current POVA/POCA etc lists.

3. ‘No Secrets’ Consultation by DoH

I understand that publication has been delayed, it

was to have been published about now. Expect it to

see the light of day in Autumn.

Business News

4. Four Seasons' re-financing failure will hit

those in the autumn of their life

27 July 2008 - Sunday Telegraph

Twelve days ago, the senior management of Britain's

second biggest care home operator, Four Seasons

Healthcare UK, received the news they had been

dreading. The nursing home giant's finance director

Nick Mitchell e-mailed other senior managers to say

emergency rescue talks with its main lenders had

completely broken down.

What Mitchell's e-mail meant to management of Four

Seasons is that they are on their own. The chain,

which is already in breach of its banking covenants,

could go bust if it fails to agree a re-financing deal by

01.09.08. Four Seasons' management may even act

at some stage to put the company into administration

themselves.

Martin Green of English Community Care Association

warned "It's a possibility that some operators will go

bust. Everybody's suffering at the moment, if we don't

get some remedial action we will be in a crisis. We're

having severe difficulties now and Britain is going to

need a lot more residential care in future."

Green hit out at local authorities, saying cuts will

harm private providers who have improved nursing

home standards. "They have been squeezing providers

for several years and it will impede people's ability

to develop services; some companies may withdraw

from market, precipitating a postcode lottery.

And the local councils sit like Caesar's wife, above

suspicion. When local authorities were providers [in

the 1980s] they provided low-quality, high-cost and

inflexible standards of care."

5. Shareholders left for dead as rival snaps

up UK assets of Patientline

26 July 2008 - The Times

Shares stood at 0.25pence when troubled Patientline

sold its UK assets to Hospedia a consortium which

includes Patientline’s main competitor, Premier Telesolutions.

6. Southern Cross

26 July 2008 - The Times

Southern Cross Healthcare Grp PLC

25 July 2008

Loan Facilities Extension to 30 October 2008

Further to the announcement made on 30 June 2008,

the Company has continued to work closely with its

banking syndicate and is pleased to announce that it

has agreed an extension of current loan facilities until

30 October 2008. This extension will allow the

Group time to progress further the planned sale of

certain of its property assets and to continue discussions

with the syndicate regarding the Group's longer

term financing.

Current Trading

Overall trading remains in line with the expectations

set out in the announcement of 30 June 2008.

The Company will provide a further update on current

trading in its Interim Management Statement for the

period ending 6 July 2008, which is expected to be

announced on 11 August 2008.

7. Nestor Healthcare

23 July 2008 - The Times

Nestor Healthcare Group PLC

22 July 2008 -

Nestor noted the recent movement in the Company's

share price and confirmed that the Company had received

indications of interest relating to certain parts

of the Nestor business. Discussions are ongoing and

there can be no guarantee that any agreement will be

reached. No interest has been expressed in the

Company as a whole. A further announcement will

be made in due course as required.

8. Mears Group PLC

£170 million of new contract wins for Social

Housing Division

Mears announced further significant social housing

contract awards amounting to £170m, bringing the

total aggregate contract awards in the 4 months

since announcing its preliminary results to over

£340m.

Commenting, Bob Holt, Chief Executive of Mears

Group, said:

“The first 6 months of 2008 has been record breaking

for Mears in terms of new contract wins. The award

of the Metropolitan Housing contract, in particular, is

another tremendous success for the Group. We continue

to place great emphasis on winning good quality

contracts that provide clear and sustainable margins

and where our partnership ethos will be valued.

The pipeline remains strong and I look forward to

bringing news of further contract awards in the near

future. Our order book now stands at £1.6 billion and

the visibility of future revenues has been enhanced.

We are confident of further tender success in the

near future”.

Care Homes

9. London residents contribute to debate on

future of care and support

24 July 2008 - COI

Londoners were engaged in the consultation by DoH

into the future funding of the long term care of older

people.

10. Quality criteria and care home fee cuts

23 July 2008 – Community Care

Sarah Pickup, co-chair of the Association of Directors

of Adult Social Services resources network has

rejected suggestions that the use of quality criteria to

determine fees for care home operators is in fact,

hiding cost cuts for some providers.

For full report click here

Case Reports

Law Reports

11. Selvarajan v Wilmot

The Court of Appeal overturned a line of EAT authorities

that unreasonable delay in the statutory dismissal

procedures did not make the dismissal automatically

unfair. In this case the employer took about four

months to deal with the appeal against dismissal.

Provided by specialist barrister Daniel Barnett at

www.danielbarnett.co.uk.

[Thanks to Joanne Woodward of 9 St John Street

Chambers and Joanne Martin of Davies Arnold Cooper,

both of whom acted for the successful employer].

Disciplinary cases

12. Russell v General Medical Council

The Administrative Court in a judicial review case

held that where a medical practitioner had been in

breach of a condition of her medical registration, a

panel's decision to suspend her from practice for two

months was not disproportionate, and there had been

no procedural unfairness.

13. ‘Suicide pill’ GP censured

25 July 2008 - The Times

6-month Ban For Suicide Pills GP

25 July 2008 – Evening Times

Ian Kerr a GP in Glasgow was suspended from practise

for six months.

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

display.var.2408027.0.0.php?utag=28804

Ed. This case was reported on last week in BHCR

(Vol 3, Issue 28, item 15).

Cases in the news

14. Judges dismiss Rosepark fire case

25 July 2008—BBC News

A further attempt to prosecute the owners of

Rosepark, a care home where 14 elderly residents

died in a fire has collapsed; they faced 17 charges

including alleged health and safety breaches and failure

to implement an effective fire safety strategy.

The Appeal Court ruled that the Crown cannot proceed

with the indictment because the business has

been dissolved.

For full report click here

15. Fury at bill after MRSA kills widow

24 July 2008 – Daily Express

Stockport Council has been criticised for chasing a

family over a £2,000 care home bill on the day of their

mother’s funeral. Eva Duckworth died in hospital after

she was admitted with a six-inch bed sore which

became infected with MRSA.

16. Patient wins right to cancer drug

22 July 2008 – BBC News

NHS Norfolk has revised its decision to deny Barry

Humphrey two courses of treatment for a drug he

needs to prolong his life. Mr Humphrey has liver cancer

and needed treatment with Sorafenib at a cost of

£5,000.

For full report click here

17. Concerns over The Ridings OAP care

home in Birmingham

21 July 2008 – Birmingham Mail

The Ridings Centre in Castle Vale is reportedly being

investigated by Birmingham City Council officials after

relatives of residents made allegations over the

standards of care.

For full report go to http://

www.birminghammail.net/2008/07/21/concerns-over-theridings-

oap-care-home-in-birmingham-97319-21377691/

18. Oxford Radcliffe Hospitals NHS trust

fined for patient injury

21 July 2008 - COI

Trust fined £8,000 over scalding

21 July 2008 – BBC News

The Health and Safety Executive (HSE) advised hospitals

and other establishments, such as care homes,

to ensure all baths and showers are fitted with Thermostatic

Mixing Valves (TMVs) following the prosecution

of the Oxford Radcliffe Hospitals NHS Trust.

The Trust, which runs the John Radcliffe Hospital in

Headley Way, Oxford, was fined £8,000 and ordered

to pay costs of £2,286.15, and £500 in compensation,

as well as a £15 victim surcharge, at Oxford

Magistrates' Court following an injury to a patient in

their care.

The Trust pleaded guilty to charges under section 3

(1) of the Health and Safety at Work etc Act 1974 for

failing to ensure the safety of one of its patients.

On 10 October 2007 an elderly patient was scalded

when taking a bath. The temperature of the water

from the hot tap was approximately 55 degrees Celsius

and she suffered burns to her body. The patient

was discharged six weeks after the incident, though

she had been due to leave on the day the incident

occurred. The bath involved was one of four in the

hospital, not fitted with TMVs.

Prior to the incident there was no formal protocol for

assessing individual patients' capabilities for bathing

and no formal safety inspections of water temperatures.

Matthew Lee, HSE Inspector, said:

"The Trust took immediate action following the incident

to ensure that all baths in the hospital were fitted

with TMVs and have implemented a comprehensive

range of improvements to ensure that there can be

no repetition of this type of incident.

"I would advise those who care for vulnerable people

to ensure they have adequate controls in place to

prevent a similar accident occurring."

For BBC report click here

Ed. Section 3(1) the Health and Safety at Work

etc. Act 1974 states "it shall be the duty of every

employer to conduct his undertaking in such a

way as to ensure, so far as is reasonably practicable,

that persons not in his employment who

may be affected thereby are not thereby exposed

to risks to their health or safety."

Children

19. Children Accommodated in Secure Children's

Homes at 31 March 2008: England and

Wales

24 July 2008 – Dept for Schools, Children & Families

This statistical release gives information on children

in secure children's homes. It covers information on

places approved and children accommodated by sex,

age, length of stay and type of placement.

For full report go to http://www.dcsf.gov.uk/rsgateway/DB/

SFR/s000802/index.shtml

20. Research highlights holiday childcare

shortage for disabled children

21 July 2008 - Foundation for People with Learning

Disabilities

Research by the Daycare Trust has revealed huge

gaps in the availability of holiday childcare across the

country, especially for disabled children.

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

information/news/?EntryId17=30765

Conferences & Courses

21. 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.

22. 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 information can be found at

www.independenthealthcareconvention.co.uk.

23. 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.

The booking form is now available via the following link:

http://www.elderabuse.org.uk/Conferences/VRE%20Booking%

20Form.pdf,

24. 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 detai l s 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.

25. 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

26. LCA Annual Conference and Exhibition

2008

“Brave New World - Transforming Social Care:

Personalisation and Quality"

25th September 2008 at Mercure Dunkenhalgh

Hotel, (J7 M65)

For more information contact:

sarah.luton@lancashirecare.org.uk

And Charity Gala Dinner

Confirmed speakers for conference include Baroness

Young (shadow Chair of the Care Quality Commission);

Andrea Rowe (CEO, Skills for Care) and David

Brindle (the Guardian). The full programme will be

available in due course but book early to avoid disappointment

and get your ‘early bird’ discount.

h t t p : / / w w w . l a n c a s h i r e c a r e . o r g . u k /

conference_&_charity_gala_dinner.asp

27. Capita’s 3rd National Sheltered Housing

Conference

Providing Support for an Independent Old

Age

Friday 26th September 2008 - Central London

We would like to give you advance notice of the Autumn

2008 Sheltered Housing Conference, which

is supported by Midland Heart, CSIP and EROSH. I

would be grateful if you could find the time to read

this and also forward it on to colleagues to whom

it may be relevant.

For conference agenda and booking form please

click here or if the link doesn’t work please ask for a

brochure via email at dave.eastman@capita.co.uk

Our expert speakers include:

Bruce Moore, Chief Executive, Hanover Housing Association

Steve Strong, Individual Budgets Advisor, Care Services

Improvement Partnership

Lesley Lancelott, Special Projects Officer, Supporting

People Commissioning & Strategy Team, Manchester

City Council

Sara Beamand, Head of Older People’s Services,

Midland Heart Care and Support

Tony Kiely, Neighbourhood Director - Older Persons,

Dane Housing Group

David Gittens, Team Co-ordinator, Older Peoples

Support, Trident Housing Association

27. Capita’s 3rd National Sheltered Housing

Conference (continued…)

Pauline Vernon, Manager - Advice, Information and

Mediation Service, Age Concern England

Beth Noray, Beth Noray Consultancy and Training

Spaces can be booked on this event either by filling

in and faxing the booking form on the final page of

the brochure (For agenda and booking form please

click here) to 0870 165 8989, or by e-mailing me

directly with the delegate details.

Alternatively you can book online by clicking here

and use booking ref code: TSDE. If you have any

questions or difficulties please call Dave Eastman

o n 0 2 0 7 8 0 8 5 3 0 9 o r e m a i l

dave.eastman@capita.co.uk

28. 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.

29. 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.

30. 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.

31. Westminster Health Forum keynote seminar

Adult Social Care Workforce Strategy

Morning, 19th November 2008, Westminster SW1

With Glen Mason

Director of Social Care Leadership & Performance,

Department of Health

Our Website | Book Online

Planned sessions will look at:

The central themes of the Adult Social Care Workforce

Strategy;

Implementing the personalisation of adult social care

services;

Remodelling the adult social care workforce; and

Regulating and measuring the performance of the

adult social care workforce.

We are delighted that Glen Mason, Director of Social

Care Leadership & Performance, Department of

Health will be delivering a keynote address at this

seminar.

Other speakers are expected to be confirmed.

Typically, attendees at our seminars are a senior and

informed group numbering around 120, including

Members of both Houses of Parliament, senior government

officials involved in this area of public policy,

health professionals, trade unions, representatives of

health consumer organisations, academia, interested

and affected charities and other related industries,

together with representatives of the trade and national

press.

Booking arrangements

To book places, please use our online booking form.

Once submitted, this will be taken as a confirmed

booking and will be subject to our terms and conditions

below.

Please pay in advance by credit card on 01276

489144. If advance credit card payment is not possible

please let me know and we may be able make

other arrangements.

Options and charges are as follows:

Places at Adult Social Care Workforce Strategy

(including refreshments and PDF copy of the transcripts)

are £190 plus VAT (£223.25);

Concessionary rate places for small charities, unfunded

individuals and those in similar circumstances

are £80 plus VAT (£94). Please be sure to apply for

this at the time of booking.

32. The King's Fund Annual Conference 2008

Reshaping the NHS: Creating locally-driven

evidence-based service change

Tuesday 25 November 2008, 9.30am–5.30pm

Royal College of Obstetricians and Gynaecologists,

Regent's Park, London

What is the conference about?

Lord Darzi's NHS Next Stage Review makes it clear

that all future NHS reconfigurations should be clinically

driven, evidence based and locally led – with

inputs from patients and the public. The King's Fund

Annual Conference 2008 will look at what this means

in practice. We will explore different types and applications

of evidence, consider the roles that service

commissioners and providers need to adopt, and

showcase successful national and international service

reconfigurations that reflect these principals.

Keynote speakers

International keynote speaker: David Levine, President

and Director General of the Health and Social

Services Agency in Montreal, Quebec, Canada

UK Keynote speaker: Geoff Mulgan, Director, The

Young Foundation

Exhibition and sponsorship

Following the success of last year's exhibition we are

delighted to be offering a limited number of extra conference

stands in 2008. We have a wide variety of

sponsorship packages available.

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 please visit our

website or email us and we will be happy to provide

you with more details.

33. Action on Elder Abuse is pleased to announce

its 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

34. Healthcare watchdog highlights best and

worst NHS hospital care for people with

acute mental health problems

23 July 2008 – Healthcare Commission

The Healthcare Commission has published its largest

ever review of acute inpatient mental health services

highlights areas for action and said that it shows all

have room for improvement.

The Commission assessed all 69 NHS trusts providing

acute inpatient mental health services in England

which covered 554 wards providing almost 10,000

beds for patients between the ages of 18 and 65.

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

newsandevents/pressreleases.cfm?

cit_id=6498&FAArea1=customWidgets.content_view_1&usec

ache=false

35. Care Quality Commission

23 July 2008

The English Community Care Association has responded

to the news that the Health and Social Care

Bill has received Royal Assent.

Martin Green, Chief Executive of ECCA, said:

“The new Commission will face some significant

challenges and in particular it will need to prove that

in its approach to regulation it can take the best practice

from its predecessor bodies and deliver benefits

to users and providers beyond those that are delivered

by the current system.

“ECCA is particularly pleased that the needs of social

care have been identified as requiring special focus

within the Act and also that there is provision for user

involvement in the defining of quality. ECCA members

regularly ask for feedback from their users and

it is our belief that users are some of the best advocates

for the quality of residential care and we are

pleased that their views will be a formal part of the

inspection process and this will build on the excellent

work already done by CSCI.”

36. Cynthia Bower named new Care Quality

Commission Chief Executive

22 July 2008 - COI

Baroness Barbara Young, Chair of the Care Quality

Commission (CQC), announced that Cynthia Bower

has been appointed Chief Executive of

CQC. Cynthia Bower is currently Chief Executive of

NHS West Midlands. She has previously held posts

as chief executive of a community health trust and a

primary care trust.

37. New Information Pack for Childminders

Launched

22 July 2008 – SCRC

In information pack for childminders throughout Scotland

has been devised by the Food Standards

Agency Scotland, the Scottish Childminding Association

and the Care Commission.

For full report click here

38. Annual report 2007-08

22 July 2008 – CSCI

CSCI has issued its annual report for the fourth year

in a row, detailing their assessments of councils’ social

care performance and inspections of regulated

services.

For full report click here

39. Clostridium difficile - ongoing key messages

21 July 2008 – SCRC

The Scottish Care Commission has issued a bulletin

to advise where best to research specific advice

about C.diff.

For full report click here

40. Care Quality Commission created by new

act

21 July 2008 – Community Care

The Care Quality Commission will assume responsibility

for regulating health and social care and monitoring

the welfare of detained mental health patients

in England following the passage of the Health and

Social Care Act 2008, the Care Quality Commission

will assume responsibility for regulating health and

social care and monitoring the welfare of detained

mental health patients in England.

.

The legislation heralds the abolition of the Commission

for Social Care Inspection, the Healthcare Commission

and the Mental Health Act Commission by

April 2009.

The Care Quality Commission will come into being as

a shadow form in October 2008.

For full report click here

Dementia

41. Bristol Residents to Help Government Improve

Dementia Care

23 July 2008 - COI

The dementia consultation event aims to inform people

about the draft Strategy and offers them an opportunity

to give Government their views. The Department

of Health will then take them into account in creating

the final Strategy for publication in the Autumn.

The full Strategy will have three main aims:

* to increase awareness of dementia and remove the

stigma associated with it

*ensure early diagnosis and intervention

* improve the quality of care that people with dementia

receive

Health Minister, Ivan Lewis, said:

"Dementia is a condition affecting an increasing number

of families in our society and is one of the greatest

challenges now facing NHS and social care services.

That is why this first ever National Dementia

Strategy is so important. It will set out how we will

improve the quality of life for people with dementia

and their families, increase awareness of the condition

and ensure earlier diagnosis and intervention.

"Getting the views and experiences of people across

England, including Bristol, is essential if we are to

make sure the Strategy will make a real difference

and bring dementia out of the shadows."

42. Review of prescription of anti-psychotic

drugs to people with dementia: terms of reference

21 July 2008 – DoH

The terms of reference for the review of prescribing

and use of anti-psychotic drugs to treat sufferers of

dementia can be downloaded at the link below.

For full report click here

43. Counsel and Care calls for radical vision

for future of care support

21 July 2008 – DoH

The charity Counsel and Care is supporting recommendations

made by the all parliamentary group on

local government’s inquiry into services for older

people. The charity asserted that services for older

people should be holistic, person-centred and integrated

with health and the local community.

For full report click here

Education

Nothing to report

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

44. Leniency Shown To GP Over Suicide A

'sign Of Progress'

26 July 2008 – The Herald

Campaigners have heralded the decision not to strike

a Scottish doctor from the medical register after he

prescribed pills to a patient so she could end her life

as a sign of progress.

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

display.var.2410143.0.0.php?utag=28804

For full story see Case Reports—item 13

45. Patients Support 'wonderful Doctor' Suspended

By GMC

26 July 2008 – The Herald

Patients have written to professional bodies to speak

highly of Dr Iain Kerr.

They wrote about him visiting the elderly, coming to

their homes on his day off and giving them the time

and attention they say they have not experienced

with other GPs.

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

display.var.2410091.0.0.php?utag=28804

46. NHS apology after hospital death

25 July 2008 – BBC News

NHS Tayside is due to apologise to the family of a

79-year-old man who died at Ninewells Hospital in

Dundee after a routine knee replacement operation.

The patient died in 2006, and his sister complained

first to the health board then to the Scottish Public

Services Ombudsman.

The Ombudsman then upheld her complaint that Mr

A's fluid levels were not monitored properly.

For full report click here

47. Furious GPs Blast Health Visitor Plan

23 July 2008 – Evening Times

GPs in Glasgow are in uproar over plans by NHS

Greater Glasgow and Clyde to remove health visitors

from their surgeries.

The plan is to move staff away from their clinics and

into social work teams to cover geographical areas.

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

display.var.2406706.0.0.php?utag=28804

Wales

48. Latest News from the Vale

24 July 2008 - North Wales Care Association

Barry Latham, Senior Policy Advisor with North Wales

Care Association reports that care home proprietor,

Mike Kemp, successfully challenged the fee setting

process followed by his council for 2006/07 on the

basis that the council had not followed Welsh Assembly

Government Statutory Guidance which required

commissioners to have regard to provider’s legitimate

costs when setting the amount they are prepared to

pay. The dispute between the provider and the council

was settled by arbitration which is only binding between

the parties to the dispute and other providers in

the Vale did not benefit from the outcome of the arbitration.

49. Plans to extend Clostridium Difficile reporting

22 July 2008 – Welsh Assembly

Chief Medical Officer for Wales, Dr Tony Jewell has

unveiled a plan to extend the mandatory surveillance

scheme for C.diff.

For full report click here

Learning Disabilities

50. Anne Williams appointed as National Director

for Learning Disabilities

28 July 2008 - COI

Health Minister Ivan Lewis has announced the appointment

of Anne Williams as the new National Director

for Learning Disabilities at the Department of

Health; her responsibilities will be to help drive forward

delivery of policies to make sure people with

learning disabilities are treated as equal citizens in

their communities, in healthcare and beyond.

She will also oversee the next stage of the cross-

Government 'Valuing People Now' strategy, for publication

later this year, as well as implementation of it

in the coming years.

Care Services Minister Ivan Lewis said:

"I am pleased that Anne Williams has accepted this

key appointment. Her experiences in the social care

field make her an ideal candidate to drive forward the

ambitious agenda for independent living for people

with learning disabilities. I look forward to working

with her."

Anne Williams said:

"I am delighted to accept this appointment to lead

implementation of Valuing People Now. I have a

longstanding commitment to people with learning disabilities

and their families. I am especially keen to see

that every person benefits from the developments

that will be outlined in the strategy, particularly those

with profound and complex disabilities and those

whose behaviour challenges services."

Anne is the current Strategic Director of Salford City

Council and Immediate Past President of the Association

of Directors of Adult Social Services (ADASS).

She was the unanimous choice of a panel that included

a person with learning disabilities, a family

carer and representative from the voluntary sector.

Ed. No doubt this announcement has been carefully

planned in view of the announcement of the

findings of Sir Jonathan Michael who investigated

the healthcare experiences in the NHS of people

with learning disabilities. Sir Jonathan was appointed

following the outcry after the publication

by MENCAP of Death by Indifference in March

2007.

Legislation Update

51. No. 1938 The Health Service Branded

Medicines (Control of Prices and Supply of

Information) Regulations 2008

24 July 2008 – OPSI

For full legislation click here

52. The Health Service Branded Medicines

(Control of Prices and Supply of Information)

Regulations 2008

24 July 2008 – DoH

For full legislation click here

53. No. 1894 The National Minimum Wage

Regulations 1999 (Amendment) Regulations

2008

23 July 2008 – OPSI

For full legislation click here

54. No. 1900 (C.84) The Mental Health Act

2007 (Commencement No. 7 and Transitional

Provisions) Order 2008

22 July 2008 – OPSI

For full legislation click here

55. Health and Social Care Act 2008 c.14

22 July 2008 – OPSI

For full legislation click here

56. Health and Social Care Act 2008 receives

Royal Assent

22 July 2008 COI

The Health and Social Care Act 2008 received Royal

Assent and:

- Establishes the Care Quality Commission, a new

health and adult social care regulator with tough powers

to inspect, investigate and intervene where care

providers are failing to meet safety and quality requirements,

including hygiene standards. In performing

its functions, the main objective of the Care Quality

Commission will be to protect and promote the

health, safety and welfare of people who use health

and social care services;

- Reforms professional regulation to give patients and

the public more confidence in the care they receive

from health professionals. This includes creating a

new adjudicator to make independent decisions about

whether individual health professionals should remain

56. Health and Social Care Act 2008 receives

Royal Assent (continued…)

in practice so the public can have full confidence in

the transparency and independence of medical regulation.

In addition, Responsible Officers will be appointed

to oversee the conduct and performance of

doctors at a local level;

- Updates existing public health protection legislation

to provide a comprehensive set of public health

measures to help prevent and control the spread of

serious diseases caused by infection and contamination;

- Allows for cash grants to be made to pregnant

women in the final stage of pregnancy, recognising

the importance of a healthy diet and the additional

costs expectant mothers face at this time;

- Strengthens the protection of vulnerable people

using residential care by ensuring that any independent

sector care home that provides accommodation

together with nursing or personal care on behalf of a

local authority is subject to the Human Rights Act.

The Care Quality Commission will bring together the

expertise of the Healthcare Commission, Commission

for Social Care Inspection and the Mental

Health Act Commission, meaning a more consistent

approach to regulation at a time when services are

increasingly crossing traditional health and social

care boundaries. The interests of these three areas

must be represented on the board.

The Commission will have a responsibility to set out

how it will engage with and promote awareness

among service users, and to report on this annually.

The Commission will reduce the burden of inspection

on the frontline reducing the level of duplication and

bureaucracy faced by hospitals and care homes as

well as creating a level playing field across the public

and private sectors.

Health Minister Ben Bradshaw said:

"This Act will help to protect the health, safety and

welfare of those who use health and social care services.

The independent regulator, the Care Quality

Commission, will have tough new powers to inspect

and take action to protect patients and service users.

In addition, professional regulation will be reformed,

meaning patients can have confidence that the care

they receive will be safe."

57. Draft Statutory Instruments

2008 No. 000 Mental Capacity, England

The Mental Capacity (Deprivation of Liberty:

Standard Authorisations, Assessments and

Ordinary Residence) Regulations 2008

2008—OPSI

Coming into force 3 November 2008

For full legislation click here

Mental Health

58. Darzi is the next stage for mental health

25 July 2008 - Health Service Journal

Dr Mike Hobbs looks at how clinical engagement is

shaping policy in mental health and emphasises the

importance of genuine interactions for positive outcomes.

59. Mental health being neglected in the elderly

24 July 2008 – HSJ

A report by the Institute for Public Policy Research

has claimed that older people's mental health and

well-being is being severely neglected.

The report, ‘Older People and Wellbeing’ predicts that

the number of elderly with mental health problems will

rise dramatically over the next 20 years which would

be mainly driven by an increase in the prevalence of

mental health problems across all ages, an ageing

population and a rise in the number of carers.

60. Institute for Public Policy Research - Marginalised

and depressed: Britain’s older people

24 July 2008

A report, ‘Marginalised and depressed: Britain’s older

people’ published by the Institute for Public Policy

Research warns that urgent action needs to be take

action to curb a decline in mental health and wellbeing

amongst the over 65s. The IPPR report highlights

that, while young people's health and wellbeing have

been the focus of many new policies and debate,

older people's wellbeing has been severely neglected,

with an estimated 2.4 million older people

thought to have depression which impairs their quality

of life.

Jessica Allen, Head of Health and Social Care, IPRR

said: "Declines in wellbeing in older people can no

longer be an ignored. One million older people in the

UK are socially isolated and if the issue is not addressed,

this number is projected to rise to 2.2 million

over the next 15 years. Politicians need to refocus

their attention and get serious about improving older

people’s wellbeing."

Click here to view this item online

61. Trust bottom after 'admin error'

23 July 2008 – BBC News

Wolverhampton City Primary Care Trust said that an

administrative error led to its ranking as the worst in

England. John Crockett, its chief executive, said the

ranking was a result of the late filing of results with

the Healthcare Commission and “did not reflect the

quality of our services”.

For full report click here

62. 5,000 missing from mental health wards

23 July 2008 - The Times

The Healthcare Commission has expressed concern

that 5,000 patients abscond from mental health

wards, causing 200 violent incidents. 45% of nurses

and 15% of patients reported being assaulted in the

previous 12 months.

63. Many mental health wards 'poor'

22 July 2008 – BBC News

The Healthcare Commission has ruled that many

NHS mental health wards are poor after it reviewed

all 69 trusts in England which covers nearly 10,000

hospital beds.

No trust top-scored in all four key criteria whilst almost

a quarter of the beds were run by organisations

who got the bottom weak rating by the watchdog.

For full report click here

Miscellaneous

64. Why doctors should be tested for competence

25 July 2008 - The Times, Letters to the Editor

A number of letters one sets out the view that it is an

opportunity for doctors to get positive feedback on

their work as opposed to mainly complaints.

65. The first annual report of the Independent

Mental Capacity Advocacy Service

Year 1 - April 2007 to March 2008

25 July 2008

The Independent Mental Capacity Advocate (IMCA)

service established under the MCA in April 2007 produces

the first annual report.

http://www.dh.gov.uk/en/Publicationsandstatistics/

Publications/PublicationsPolicyAndGuidance/DH_086478

66. Survey finds foundation trusts' hidden

private income

24 July 2008 – HSJ

A confidential report for the regulator, Monitor has

suggested that foundation trusts earned up to £70m

more income from private patients last year than their

accounts show.

The report was commissioned by Monitor in the wake

of a judicial review launched by Unison.

67. Dentists looking for NHS patients

24 July 2008 – BBC News

Somerset dentists are advertising for patients because

they have a surplus of NHS places.

Somerset Primary Care Trust said there were 17

practices in the county currently registering new NHS

patients because they have not moved to the private

sector to the same extent as those in the rest of the

UK.

For full report click here

68. Doctors facing annual assessments

23 July 2008 – BBC News

Doctors facing 'five-year MOTs'

23 July 2008 – BBC News

All doctors face annual test of their competence

23 July 2008 - The Times, front page

New Checks to Protect Patient Safety

23 July 2008 - COI

Plans to improve patient safety and support professionals

in sustaining their high standards, have been

set out by the Chief Medical Officer for England

(CMO) Sir Liam Donaldson.

In proposals, outlined in the report ‘Medical Revalidation

- Principles and Next Steps’, doctors will, be required

to renew their professional registration every

five years, in order to provide assurance that they are

practising to the standard that patients, the public and

the profession itself expect. It will also play a part in

putting quality at the heart of NHS care - a key element

of the proposals outlined in Lord Darzi's report

‘High Quality Care for All’.

Patients will play an important role in this process.

They will be asked for views on their doctor, including

:

* Effective communication, including listening, informing

and explaining;

* Involving patients in treatment decisions;

* Care co-ordination and support for self-care; and

* Showing respect for patients and treating them with

dignity.

Speaking on publication of the report, CMO Sir Liam

Donaldson said:

"I'm confident that this process, agreed with doctors'

representatives will help raise standards of medical

practice and improve the quality of the patient experience.

The involvement of patients and public in the

process will help define what counts as good health-

68. Doctors facing annual assessments

(continued…)

care and in the rare cases where doctors are falling

short, provide them, where possible, with the support

needed to renew their registration.”

The report can be found on the DH website at http://

www.dh.gov.uk

The consultation on the introduction of Responsible

officers can be found at

http://www.dh.gov.uk/en/Consultations/Liveconsultations/

index.htm

For 1st BBC report click here

For 2nd BBC report click here

69. Extra care housing - 25 new sites announced

21 July 2008 - COI

Health and Care Minister Ivan Lewis announced the

sites that will benefit from £80million of Government

funding to build extra care housing, enabling more

older people and those with dementia and long-term

conditions to live in a home of their own. He presented

the successful Barnsley extra care housing

scheme with a cheque for £3.8 million together with

Sir Michael Parkinson.

People who are unable to continue to live in their

own homes have traditionally had their choices limited

to care homes, creating a number of problems

including couples finding they can no longer live together.

Extra care housing gives people a home of their own

where wide ranges of care and support services are

provided on site. Tenants enjoy greater privacy, dignity

and independence, couples can stay together,

and social and leisure opportunities can be enjoyed

at the resident's convenience. In addition, homeowners

may be able to keep some of the equity in their

property.

Health Minister Ivan Lewis said:

"I am delighted to announce these 25 successful extra

care housing sites.

"Extra care housing is about offering people a choice.

Too often I hear of cases where a couple who have

been together for over fifty years are forced apart

because one requires care and has no choice but to

enter residential or nursing care leaving their partner

at home. I want to change that. Extra care housing

will give people a choice about how and where they

choose to spend their later life."

The Department of Health has already allocated £147

million to Local Authorities for extra care housing between

2004 and 2008. This further £80 million, bringing

the total investment to £227 million, will be allocated

over the next two years to the 25 successful

schemes.

70. GPs told to cut antibiotics usage

22 July 2008 – BBC News

English and Welsh doctors are being told not to hand

out antibiotics for common coughs and colds to save

the NHS millions of pounds a year. In 2007, some

38m prescriptions for antibiotics were written by doctors

in the UK which cost the NHS £175m.

The National Institute for Health and Clinical (Nice)

says the drugs do little to help cure coughs and colds.

For full report click here

71. Trust agrees GP-led health centre

22 July 2008 – BBC News

NHS Norfolk has approved the first “polyclinic” in the

county. The new GP-led health centre will replace

the Broadland-based Dussindale walk-in centre with

extra services. NHS Norfolk were not obliged to replace

the Dussindale centre, it said it would not be

cost-effective to keep it open.

As well as drop-in doctor appointments, the new Norwich

centre will offer minor surgery and blood testing.

For full report click ere

NHS

72. £3,000-a-month drug is free abroad

27 July 2008 - The Sunday Times

Article about the apparent discrepancy of medical

treatments in England as compared with other countries

in Europe. A comparison was made with France

and a statement made that the NHS can no longer

aspire to provide the range of the latest treatments.

73. Survey finds foundation trusts' hidden

private income

24 July 2008 - Health Service Journal

Foundation trusts earned up to £70m more income

from private patients last year than their accounts

show, a confidential report for the regulator Monitor

suggests.

Monitor commissioned the report in the wake of a

judicial review launched by Unison. The union had

challenged the legality of the regulator's interpretation

of the statutory cap on the proportion of income foundation

trusts can earn from private patients.

74. NHS referral to treatment (RTT) times

data May 2008

24 July 2008 - COI

Main Points

* Data is being published on Referral to Treatment

(RTT) times for patients whose 18 week clock

stopped during May 2008.

* Data for admitted patients (patients whose 18 week

clock stopped with an inpatient/ day case admission)

has been published each month since June 2007 on

an unadjusted basis.

* Data for admitted patients (patients whose 18 week

clock stopped with an inpatient/ day case admission)

has been published each month since March 2008

on an adjusted basis.

* Data for non-admitted patients (patients whose 18

week clock stopped during the month for reasons

other than an inpatient/day case admission) and incomplete

RTT times for patients whose 18 week

clock is still running was published for the first time in

November 2007.

* The NHS Improvement Plan, published in July

2004, stated "By 2008, no one will have to wait

longer than 18 weeks from GP referral to hospital

treatment..." - DH PSA target 13. This data is being

used to monitor progress towards this target. For

admitted patients, adjusted data is used to assess

performance.

Please find all tables at :

http://www.performance.doh.gov.uk/rtt/definitions.html

75. NHS Local

23 July 2008 – DoH

Document setting out the rationale and guidance for

primary care trusts' freedom to re-name their trusts

as NHS Local.

For full report click here

76. Hospitals trust stays MRSA free

23 July 2008 – BBC News

Southport and Omskirk NHS Trusts have records

show they have been MRSA free since last year.

The Trust is one of seven non-specialist trusts to record

no cases between December 2007 and March

2008.

For full report click here

77. Towards a framework for postregistration

nursing careers: consultation

response report

23 July 2008 – DoH

A document reporting on the findings from the postregistration

nursing careers consultation. The consultation

took place from November 2007 to February

2008 and proposed aligning nurses' careers within

five broad pathways.

For full report click here

78. Framing the nursing and midwifery contribution:

driving up the quality of care