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BHCR 2009 Vol 4 Issue 02
Brunswicks Healthcare Review 2009 Volume 4 Issue 02

Editorial

Sadly, in the past month I have been contacted by

seven individuals who have been, or were about to

be made redundant. All of those contacting me have

known me for a number of years and all are from a

common background that of marketing and selling

care businesses.

As always, I will do what I can to introduce people to

others with whom I think they will have an affinity and

who may be able to provide opportunities of one sort

or another.

I wish them all well.

However, this is the clearest of signs that the selling

agents are now feeling the ‘pressure’ as much as

high street estate agencies. This is not good for the

sector or for the businesses concerned.

On a different note; I have been telephoned by two

readers this week who were hesitant in making their

contact as they both said that lots of people say “get

in touch with us we will give you some free, no

obligation advice and support” and that in their

experience they had found that such statements

were usually ‘hot air’, not really meant and that there

were ‘strings attached’.

I am pleased to confirm that here at Brunswicks we

are all genuinely interested in helping people and

people are committed to putting something back into

the sector – if we can provide you with support or

‘signpost’ issues quickly, and without expending too

much time, we will do it for free and happily so.

You will always be told well in advance if we are

proposing to make any charge so that you can

decided whether you do, in fact, wish to formally

instruct us or, alternatively, retain your usual advisors.

This week’s article

The week Martin Green, Chief Executive of English Community Care Association, identifies one of the issues facing the long term care sector as we begin this New Year.

We hope that politicians take note and provide the sector with the resources that will enable it to play a full and active part in developing long term care provision.

To read the article in full, click here

.

Parliament

15.01.09 – HoL - Baroness Shephard of Northwold

to call attention to the functioning of children’s

services departments in local authorities; and to move

for papers.

Next

Abuse

1. Phil Hope MP in webchat on 20.01.09

The Care Services Minister, Phil Hope MP will be

hosting his first webchat on 20.01.09. Dignity

Champions are invited to take part in a discussion

with the Minister about dignity in care.

To access the webchat, all you have to do is to visit

the website www.publicquestion.com. Indeed, you

can visit the website at anytime between now and

the event itself to pre-submit your own question or

2. You and Yours - Charities voice concerns

about age discrimination

6 January 2009

Gary Fitzgerald, Dame Joan Bakewell and Andre

Harrop participated in a discussion/debate discrimination

based on age.

Fitzgerald said “We start from the point of view that

you hurt as much at the age of 70 as you do at seven

and that when you look at how the Government responds

to … abuse of older people you would … be

forgiven for believing that they [don’t] accept that

principle. Then contrast of the case … of Baby P

[compared with] when you look at what happens with

Granny P there’s a deafening silence … we see a

political cynicism here that … you would be forgiven

for thinking is about the … lack of political power of

older people.

“We had research quite a long time ago that suggests

a minimum figure we can put on the abuse of

older people is half a million, Government research

last year suggested at least 350,000 in the community

alone. Our helpline tells us at least two thirds of

abuse is behind closed doors in the community and

yet the focus is very much on care homes … for

some people care homes are the right place to be

and they give good quality care.

“What the Government’s doing at the moment is

pushing the concept of cash for care, we will give

older people the money they go and buy their own

care. The problem with that is there’s no safeguards

or systems of protection around them, they’re actually

creating vulnerability there.

“The most we get from the Government in responding

to the situation in hospitals is a dignity campaign. To

solve this problem is going to take money [and] it

clearly needs legislation. We know that the guidance

... in place at the moment [is] failing … we do

have to recognise that our National Health Service is

not giving the sort of service it was giving 20, 30, 40

years ago and if we don’t address why that is we’re

not going to solve the problem.”

3. Action on Elder Abuse

The campaigning charity raising awareness of abuse

of elderly people and pressing for legislation to protect

vulnerable older people has published its annual

report and accounts.

He charity grew over the 12 months to 31.03.08 and

received almost 10,000 telephone calls from older

people, friends and families seeking advice and in

need of counselling.

In the current year the charity is maintaining profile

and pressure for legislation as part of the response to

the Department of Health’s consultation on the No

Secrets guidance issued in 2000.

4. Claims that staff may be choosing wrong

option

January 2009 - Caring UK

Help the Aged’s policy officer, Elizabeth McLennan,

believes that night workers, because of a lack of senior

managers, may be choosing the wrong option

when they suspect abuse and, in the process she

believes that evidence is inadvertently destroyed.

Ed. Remember, your staff can be fully supported

day or night where abuse is suspected or detected

by using Brunswicks Crisis Intervention

Line 07855 855 588.

If you would like to discuss how we can provide

your organisation with access to a senior, experienced

lawyer and a bespoke, cost effective solution

to 24 hr a day 365 days a year support call

me on 0870 766 9285.

You can try it FREE OF CHARGE for two months,

with no obligation!

Business News

5. Mears Group PLC

8 January 2009

Pre-Close Trading Update

Mears reported trading for the year to 31.12.08

across all divisions was in line with management expectations

in what was a difficult year for the British

economy.

The Board is pleased with the successful achievements

during the year in building a care provision

alongside the Group's social housing services, where

Mears now has partnership arrangements in place

with Cross Keys Homes, Wakefield Homes and Circle

Anglia to provide a combined care

and repair service and the Board anticipates making

further progress in this area during 2009.

The Group has maintained a strong balance sheet

and low gearing going into the new financial year and

will continue to benefit from strong cash flow.

The Group will be announcing its preliminary results

for the year ended 31 December

2008 on Tuesday 10 March 2009.

Commenting, Bob Holt, Chief Executive of Mears

Group, said:

“I am delighted with the progress made across the

Group during 2008, particularly with

our achievements in building a successful care provision

alongside our social housing services.

“We have already secured 81% of

the Group's consensus forecast revenues for 2009

and our forward order book stands at £1.6 billion. We

continue to see strong forward demand for our services

with good levels of activity in new contract bidding.

We are confident in the future prospects for the

Group.”

6. Privatisation plan scaled down amid the

credit crunch

January 2009 - Caring UK

Devon Council which had been in the process of

transferring its care homes to Shaw Healthcare has

delayed the process by at least six months; however,

Shaw will be developing 190 beds in the county.

Care Homes

7. Delay to home care registration nears twoyear

mark

Department of Health and GSCC in talks over

issue

9 January 2009 – Community Care

The Department of Health has admitted that it still

isn’t ready to order the General Social Care Council

to open the register to home care staff, despite the

fact it was originally scheduled to take place two

years ago.

In a statement, a spokesperson for the DH said it remained

committed to registering domiciliary care

staff, in the interests of public protection and staff

quality.

For full report click here

8. Students asked to design ’care home of

the future’

7 January 2009 – NCF

RIBA and DWA Architects have launched a competition

for architectural students to design the next generation

of homes for the elderly

Students worldwide have been encouraged to enter

‘Caring for Older People’, an international design

competition supported by care home operator BUPA

Care Services and competitors have been asked to

take into consideration a number of issues including

integrating with the community, improving visitor

numbers, conserving energy and creating the best

layout for the patient; all of which will improve quality

of life for elderly residents.

Source: www.building.co.uk

For NCF report click here

9. National Patient Safety Agency alert: Resuscitation

and management of choking in

care settings

5 January 2009 – NCA

National Patient Safety Agency (NPSA) alert: Resuscitation

and management of choking in care settings.

The NPSA has issued a rapid response report alert to

NHS services, about incidents of people choking, suffering

a cardiac arrest or respiratory arrest in mental

health and learning disability services after receiving

reports of people who died after choking on food and

reports of people choking, where staff did not always

have the skills to deliver effective first aid.

The alert outlines action the NHS should take to improve

training and accessibility of resuscitation equipment.

For full report click here

10. Care homes to lobby over cuts

January 2009 - Caring UK

Front page item about care homes in the Wirral who

have had all their contracts terminated by the council

and offering to engage with each at a rate which is

£14 per resident, per week less than has been paid.

Wirral MBC appears to have adopted Laing & Buisson’s

fair price calculation, however, it has applied

the rate for an 80 bedded home. 50% of care homes

in the Wirral are 35-40 bedded. There are more

smaller homes. None of them will have the economies

of scale that would apply to an 80 bedded

home.

Ed. This is an appalling distortion of the intended

use of a carefully developed tool; the apparent

use in this way is likely to undermine the trust

and confidence in both the tool and those who

use it.

11. Residents distressed over loss of pets

January 2009 - Caring UK

The Society for Companion Animal Studies has said

that the number of care facilities allowing pets to

move in has dropped from 48% to 41% and homes

which never allow pets has increased from 20% to

27% causing distress to elderly people when moving

into a care home.

12. Care home fees vary – report

January 2009 - Caring UK

The SAGA Cost of Care Report says that care home

fees vary by as much as 50% across the UK.

13. Residents claim war film ban breaches

their human rights

January 2009 - Caring UK

Service users in The Village, Cumbernauld, owned

by Southern Cross complained to the Care Commission

that staff were preventing them viewing programmes

and films of their choice. Southern Cross

said that the residents’ perception was the result of a

misunderstanding now rectified by a policy document.

14. Futuristic first aims to cut visits to GP

January 2009 - Caring UK

Woodside House, operated by Barchester Healthcare

piloted the use of a computer system which allowed

GPs to remotely monitor the health of residents.

The aim was to reduce the number of hospital

admissions and GP visits. The pilot was so successful

it is to be rolled out to other care homes in the

area.

15. 200 homes ‘too old to be modernised’

January 2009 - Caring UK

Edinburgh council will, over the next 10 years, close

more than 200 care homes which it says cant be

modernised and 14 new ones built in their

place. The council also says that it will provide tailormade

support to people in their own homes.

16. Care homes subject to the Human Rights

Act

January 2009 - Healthcare Business

A useful overview by Jonny Landau of the Articles of

the European Convention which are most likely to

impact care home operators.

Case Reports

Law Reports

17. R v Southern Cross

Oxford Crown Court ordered Southern Cross to pay

fines of £80,000 and pay £120,000 towards the costs

of prosecution arising from the death of Mrs Maisie

Jones in June 2003 who fell from a first floor window

sustaining injuries from which she later died.

Southern Cross pleaded guilty to an offence under

section 3(1) Health and Safety at Work etc. Act 1974

and an offence under Regulation 3(1)(b) Management

of Health and Safety at Work Regulations 1999.

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

etc Act 1974 states every employer has a duty 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.

Regulation 3(1)(b) of the Management of Health

and Safety at Work Regulations 1999, states that

employers have a duty to undertake suitable and

sufficient risk assessment of the risks to the

health and safety of persons not in their employment.

For those shocked by the level of fine – it might

have been more had not the court been convinced

that the home concerned was otherwise well run.

Disciplinary cases

Nothing to report

Cases in the news

18. Home fined over resident's death

9 January 2009 – BBC News

Southern Cross Healthcare has been fined £80,000

following the death of an 82-year-old woman with dementia.

The Brookfield Christian Care Home in

Greater Leys pleaded guilty to breaching health and

safety regulations after Maisie Jones fell from a first

floor window.

The incident happened in June 2003. The company

issued a statement saying that a risk assessment had

been carried out and it had upgraded its window security.

For full report click here

19. Care home manager guilty of fraud

8 January 2009 – BBC News

Caroline Ward, 50, of Gresley Care Home pleaded

guilty to stealing money from residents at a care

home by withdrawing money from their accounts using

their bank cards.

She stole a total of £1,850 from care home residents.

As manager, she was responsible for the financial

affairs of two residents and had control of their bank

cards, and on 14 occasions withdrew money from

their accounts.

For full report click here

20. Baby P: Sharon Shoesmith to appeal

against Haringey dismissal

6 January 2009 – Community Care

Sharon Shoesmith, the former Haringey Council director

of children's services has lodged an appeal

against her sacking during the Baby P scandal.

Shoesmith was dismissed without compensation or

payment in lieu of notice.

The authority said that Shoesmith was challenging its

decision to sack her last month, which was done a

week after children's secretary Ed Balls used statutory

powers to remove her from the director's post.

For full report click here

21. PCT director jailed for CV lies

6 January 2009 - Health Service Journal

Lee Joseph Whitehead, 44, of White End Park,

Bucks, was sentenced to 12 weeks in prison for lying

to employers, including Stoke on Trent PCT.

He claimed he had a BSc in psychology, an MSc in

clinical psychology and a doctorate in psychology.

He also said he was a chartered psychologist with

full membership of the British Psychological Society.

Children

22. Ofsted said 15,000 useless teachers

worked in our schools. Nine years on, how

many have been fired? Just 10

10 January 2009 - Daily Mail

From the regulator with responsibility for monitoring

childrens services (remember Baby P?), it is revealed

that only 10 teachers have been struck of for

incompetence.

23. Training for childcare chiefs after Baby P

9 January 2009 - The Times

Ed Balls announced that the heads of council childrens

services will get intensive training after the

Baby P scandal at Haringey.

Conferences & Courses

24. The New NHS Standard Contract: Mental

Health and Community Contracts Implementation

Workshops

PCTs across England will be introducing a new

form of standard contract with effect from

01.04.09. So far as we are aware there has not

been wide consultation of the sector – in fact, we

are not aware of any ! Whilst it makes sense to

have a common form of contract across the country

(wouldn’t it save time, energy and resources if there

was a single form of contract with all local authorities?)

the lack of consultation gives genuine cause

for concern.

However, there will be implementation workshops;

dates below:

16th January – The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

Hilton Leeds, LS1 4BX

21st January – The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

De Vere University Arms

26th January - The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

The Cleve Hotel & Country Club,

Wellington TA21 8SN

3rd February - The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

Holiday Inn Regents Park, London

W1W 5EE

5th February - The New NHS Standard Contract: Mental

Health and Community Contracts Implementation

Workshops

Reebok Stadium: Bolton Wanderers

FC / Devere Whites Hotel, Bolton

BL6 6JW

6th February - The New NHS Standard Contract: Mental

Health and Community Contracts Implementation

Workshops

Radisson SAS Durham

10th February - The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

Mercure London Gatwick Hotel, Gatwick

RH6 0BE

12th February - The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

Hilton London Metropole, London W2

1JU

18th February - The New NHS Standard Contract:

Mental Health and Community Contracts Implementation

Workshops

Birmingham City Football Club

Rest of conferences will be published next

week

Consultations

25. Common Assessment Framework for

Adults consultation (to be launched in January

2009): online registration for updates and

events

18 December 2008 – DoH

Opportunity to pre-register for online consultation and

linked consultation events.

For full report click here

26. Consultation on CQC's enforcement policy

CQC's consultation on how it intends to use its enforcement

powers under the Health and Social Care

Act 2008 closes on Friday 16 January 2009.

The consultation document is available to download

from the CQC website. Responses can be sent on

the hard copy reply form to the Freepost address

provided or by e-mail to consultationresponses@

cqc.org.uk

27. Care Quality Commission unveils first

two initiatives aims at improving quality and

safety of services

Closing Date: 16 January 2009

The Care Quality Commission has published two

documents which set out how it aims to:

drive further improvements in how the

NHS deals with healthcare associated infections,

such as MRSA

use its new enforcement powers to improve

the quality and safety of health and

adult social care services for the people

who use them

The CQC is launching a 12-week consultation with a

wide variety of stakeholders on how it intends to use

its new enforcement powers, together with publishing

guidance to NHS trusts about additional requirements

for registering with the new Commission in relation to

healthcare associated infection (HCAI).

For full consultation go to http://www.cqc.org.uk/news/

hcai_and_enforcement_policy.aspx

28. Enforcement policy consultation

Closing Date: 16 January 2009

On 24 October 2008 CQC launched a 12 week consultation

on how it intends to use its enforcement

powers under the Health and Social Care Act 2008.

Visit the CQC website to download a copy of the consultation

document.

29. The Looked After Children (Scotland)

Regulations 2008: Second Consultation,

Closing Date: 16 January 2009

The Scottish Government wants responses to the

second draft of the Looked After Children (Scotland)

Regulations 2008 which have been significantly restructured

and redrafted following the original consultation

which closed in March 2008.

For full consultation click here

30. Developing an Acknowledgement and Accountability

Forum for Adult Survivors of

Childhood Abuse

Closing Date: 16 January 2009

The Scottish Government has published a paper on

proposals to develop an acknowledgment and accountability

forum for adult survivors of childhood

abuse.

For full consultation click here

31. Consultation: Draft guidance on NHS patients

who wish to pay for additional private

care

Closing Date: 27 January 2009

A consultation seeking views on draft guidance on

how to proceed in situations where NHS patients

want to buy additional secondary care services that

the NHS does not fund.

For full consultation click here

32. Mental Capacity Act 2005 Deprivation of

Liberty Safeguards: Consultation on the Mental

Capacity (Deprivation of Liberty: Monitoring

and Reporting) and (Deprivation of Liberty:

Standard Authorisations, Assessments

and Ordinary Residence) (Amendment) Regulations

2009

Closing Date: 30 January 2009

Draft regulations conferring power on the Care Quality

Commission for the purpose of monitoring, and

reporting on, the Mental Capacity Act 2005 Deprivation

of Liberty Safeguards.

For full consultation click here

33. Government consults on safeguarding

vulnerable adults

Closing date: 31 January 2009

Care Services Minister Phil Hope launched a consultation

on how to improve safeguarding policy - the

protection of vulnerable adults - and address abuse in

all its forms in the care system.

The 'No Secrets' guidance for local authorities, the

police and the NHS to work together to protect adults

is already in place. The Government now wants to

make sure it keeps up with changes in the social

care system, with the new emphasis on choice and

control and changing forms of abuse.

Key issues on which Government is seeking views

are:

* Whether there is now a need for legislation,

* The feasibility of a national database of recommendations

from serious case reviews where abuse has

occurred

* What new measures are needed in the face of increased

'personalisation' of care with more people

now being in charge of their own care instead of local

authorities

* What new measures are needed in the face of

changing forms of abuse, such as financial abuse

Phil Hope said:

"I am determined to improve safeguarding of vulnerable

people. We need a greater focus on prevention,

a greater emphasis on safeguarding in commissioning

services and support, and greater empowerment

of people to determine how they wish to be safeguarded.

The No Secrets guidance must be updated

to make sure everyone - individuals, police, care

agencies, the NHS and local authorities prevent

abuse, and also recognise it and stamp it out if it

does occur.

"The consultation is particularly relevant as more

people gain control of their own care. I want to help

people maintain this control and independence, free

from fear of abuse. I look forward to hearing people's

views and will not hesitate to take tough action to improve

safeguarding for those in vulnerable situations."

The consultation on the review of No Secrets will run

from 14th October to 31st January 2009.

The consultation can be found on the Department of

Health website at http://www.dh.gov.uk/en/SocialCare/

Socialcarereform/Safeguardinganddealingwithabuse/

index.htm

34. Consultation on GP Quality Incentive

Scheme launched

Closing Date: 2 February 2009

Delivering the best possible care for patients and addressing

health inequalities will be at the heart of proposed

changes to the GP quality incentive scheme,

the Quality and Outcomes Framework (QOF), Health

Minister Ben Bradshaw announced today.

The QOF rewards GP practices for managing some

of the most common chronic diseases such as diabetes

or heart failure; improving health; organising practices

well; how patients view their experience at the

surgery and the quality of extra services offered such

as child health and maternity services.

Under new proposals set out in a public consultation

published today, the National Institute for Health and

Clinical Excellence (NICE) would in future oversee

the annual process of reviewing clinical indicators.

From April 2009, NICE would review the benefits

to patients and the cost effectiveness of the indicators

used to assess the quality of care provided by

GP practices. NICE would be responsible for developing

a more transparent and inclusive review process

with input from patients and carers, primary care

professionals and other stakeholders.

The final choice of QOF indicators would remain a

matter for negotiation with the British Medical Association

(BMA), based on the advice produced by

NICE.

The 12-week consultation is seeking views on how

the new process for assessing evidence for QOF indicators

should work. The key elements that will be

considered in the consultation will be how best to:

* Review existing QOF indicators and develop new

indicators for clinical quality and health outcomes,

based on evidence of clinical effectiveness;

* Allow a range of stakeholders, including patients,

carers and clinicians to identify potential QOF priorities;

* Set up a panel of independent experts that will prioritise

areas for developing new indicators;

* Pilot new indicators with GP practices; and

* Give flexibility to the local NHS to select some indicators

to reflect local health needs.

Health Minister Ben Bradshaw said:

"We have come a long way in addressing health inequalities

thanks to the current GP scheme for quality

incentives and the UK leads the world in providing

incentives to GPs to improve quality of care for patients.

"The latest figures for the Quality and Outcomes

Framework show that practices have continued to

deliver improvements in services for patients. But we

want to ensure that GP practices continue to deliver

more improvements to patient care, and the system

needs to evolve to support practices in achieving

even better outcomes for patients.

"Asking NICE to manage a more independent, open

and transparent process for reviewing QOF indicators

will make sure that we make the best use of our

annual investment in the scheme and continue to

support GPs in delivering the best care possible for

patients, allowing the QOF to adapt and respond to

the latest medical advances."

A full explanation of how the current scheme operates

and details of how to become involved in the

consultation can be downloaded from: http://

www.dh.gov.uk/en/Consultations/index.htm

35. Department of Health: Developing the

quality and outcomes framework - Proposals

for a new, independent process

Closing Date: 2 February 2008

Consultation seeking views on proposals for a new

independent and transparent process for recommending

quality outcome framework indicators.

For full consultation click here

36. DH: End of Life Care Strategy: Quality

Markers Consultation

Closing Date: 6 February 2009

The DoH has launched a consultation on Quality

Markers for End of Life Care which was promised in

the End of Life Care Strategy published in July.

The document is aimed at commissioners, performance

managers and providers of end of life care services,

from the NHS, voluntary and independent sectors.

For full report click here

37. Consultation on Statutory Guidance: The

roles and responsibilities of the lead member

for children's services and the director of

children's services

Closing Date: 10 February 2009

This consultation seeks views on updated statutory

guidance that explains the roles of the lead member

and director of children's services and how working

together as a team, they can be most effective in driving

clear improvements in outcomes for children and

young people.

For consultation go to http://www.dcsf.gov.uk/consultations/

conDetails.cfm?consultationId=1583

38. National Studies Consultation for Health

2009-10

Closing Date: 12 February 2009

Consultation covering the Commission’s proposed

studies programme for health for 2009-10.

It intends to seek views on its usefulness and appropriateness,

the scope and timing of individual studies

and the potential for overlap and collaboration with

others.

For full consultation click here

39. The Future of the Healthcare Scientist

workforce - Modernising Scientific Careers:

The Next Steps

Closing Date: 27 February 2009

This consultation document setting out proposals to

transform the future training and career pathways of

the healthcare science workforce.

The proposals were developed as the result of detailed

discussions with nearly 3,000 stakeholders and

as a UK initiative will be taken forward by the four

countries in partnership with all major stakeholders,

including patient groups, to ensure that the healthcare

science workforce is fit for the future in a rapidly

changing and evolving healthcare environment.

DoH welcome responses to the electronic consultation

from all with an interest in delivering high quality

care to patients, which is inextricably linked to the

future of the healthcare science workforce, and its

central role in supporting and delivering that care.

For full consultation click here

40. Creating a New Professional Regulator

for Pharmacy: Health care and associated

professions - The draft Pharmacy Order 2009

Closing Date: 9 March 2009

Consultation seeking views on proposals to create a

new regulator for pharmacy professionals and pharmacy

premises in England, Wales and Scotland.

For full consultation click here

41. CQC publishes consultation of reviews in

2009/10

Closing Date: 12 March 2009

On 18 December CQC launched a 12 week consultation

on its proposals for reviews in 2009/10.

The three types of review are:

Periodic reviews assessing health and adult social

care commissioning by primary care trusts and

adult social care departments within councils

Periodic reviews of health and adult social care

providers, such as hospitals and care homes

Special reviews and studies on particular aspects

of health and adult social care

The consultation document is available to download

from the CQC website. This consultation closes on

Thursday 12 March 2009.

More on the consultation of reviews in 2009/10

42. Government consults on use of 084 numbers

in the NHS

Closing Date: 31 March 2009

The NHS could be stopped from using telephone

numbers such as 084 in England, under proposals

set out in a public consultation.

Some people are currently having to pay more than

the equivalent cost of a local rate call when they telephone

their GP or other NHS services if they have

adopted a number from this range. A number of NHS

organisations, although still a small minority, have

started using 084 numbers in recent years.

Health Minister Ben Bradshaw said:

"We are concerned that some people are paying

above the odds to contact the NHS. For people on

low incomes who need to contact their local doctor or

hospital regularly, those costs can soon mount up.

"We know that some people value the additional service

that 084 numbers can offer, but others object to

being charged more than the cost of a local call to

access NHS services. We receive regular complaints

from members of the public and parliamentarians

about this."

A copy of the 084 consultation booklet is available in

GP surgeries and hospitals, and online at:

For full consultation click here

43. NICE: Current consultations

To browse through consultations go to http://

www.nice.org.uk/page.aspx?o=consultations.current

CSCI/Care Quality Commission

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

Healthcare Commission &

Scottish Care Commission

44. Improving the user experience of the services

directory

6 January 2009 – CSCI

CSCI says it has improved the look and layout of its

services directory to make it easier to find social care

services.

For full report click here

45. Healthcare Commission finds substantial

improvement in infection control at Maidstone

and Tunbridge Wells NHS trust

9 January 2009

Healthcare Commission has said that Maidstone and

Tunbridge Wells Trust must maintain momentum and

make further improvements.

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

newsandevents/mediacentre/pressreleases/

pressreleasesarchive.cfm?

cit_id=1579&FAArea1=customWidgets.content_view_1&useca

che=false

46. NCA plans for the challenges of care

9 January 2009 – NCA

Chairman of the National Care Association has said

that “2009 will prove to be a very special year for the

care sector.”

“The launch of the Care Quality Commission in April

offers a new beginning and we are hopeful that the

new Commission will focus on the monitoring of outcomes

for people using the service and minimise bureaucracy.

This would be a huge step forward.”

For full report click here

47. Important information about letters we

send you

January 2009 - CSCI e-newsletter

CSCI will only send standard documents, such inspection

reports and registration letters, to people

who are registered with it and to the responsible individual.

Make sure you have arrangements in place if you

want an acting or unregistered person to respond on

your behalf.

Find out about the letters CSCI sends to you

48. New qualifications for managers and staff

in care homes for adults

January 2009 - CSCI e-newsletter

The Leadership and Management for Care Services

Award will replace the Registered Managers Award

(RMA). The RMA will remain a valid and relevant

qualification.

Find out about the new Leadership and Management for Care

Services Award

49. Best practice in nutritional care

January 2009 - CSCI e-newsletter

If you are responsible for the delivery of food services

and provide nutritional care to people in care

homes or other settings you may want to:

attend a nutritional care workshop

read the nutrition action plan mid year report

find out about best practice in nutritional care

Dementia

50. Dementia drug death risk warning

9 January 2009 – BBC News

A three-year study has been published in the Lancet

Neurology reporting a risk of early death in people

with dementia on sedatives long-term.

As many as 100,000 people in UK care homes with

dementia are routinely prescribed anti-psychotic

drugs for aggressiveness or agitation.

Ministers said they were currently reviewing the use

of the drugs in dementia care.

Current guidelines state that anti-psychotics can be

given to patients who are severely agitated or violent

for short periods of time, but recent figures suggest

the drugs are overused.

For full report click here

51. NICE end of life guidelines will not benefit

people with dementia

5 January 2009 – NCF

Neil Hunt, Chief Executive of the Alzheimer’s Society

has commented on new guidelines issued by NICE

on life-extending treatments for people who are terminally

ill and not expected to live more than two

years

“End of life treatment is extremely important for all

people with a terminal disease. 1 in 3 people over 65

will die with dementia; it is unreasonable that these

people will not benefit from NICE's flexibility.”

“Whilst it is good that NICE is adopting some flexibility,

NICE's entire remit needs to be reviewed. Everyone

with a terminal condition deserves the best treatment

and care available to them. It needs to be about

quality care, not just extending life. People in the

early stages of Alzheimer's disease are still being

denied access to the only drug treatments available

to them.”

For full report click here

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

52. MSP's Relative Waits Eight Hours For

Hospital Bed

3 January 2009 – The Herald

The elderly mother-in-law of a Labour MSP waited for

eight hours on a hospital trolley at Monklands Hospital

before being found a bed as the hospital staff “struggled

to cope”.

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

display.var.2479635.0.0.php?utag=28804

53. Fury At Spy Plan For City NHS Car Parks

2 January 2009 – Evening Times

Some Glasgow hospital car parks will be installing spy

cameras to stop people breaking new rules on waiting

times.

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

display.var.2478817.0.0.php?utag=28804

Wales

Nothing to report

Learning Disabilities

54. Hospital shamed over stroke victim left to

starve to death

9 January 2009 - The Times

See item 72 in NHS

Legislation Update

55. No. 3171 (W.284) The Health Act 2006

(Commencement No. 2) (Wales) Order 2008

9 January 2009 – OPSI

For full legislation click here

Mental Capacity

56. What Are the Mental Capacity Act Deprivation

of Liberty Safeguards? – Updated

15 December 2008 – DoH

A leaflet providing a brief general introduction to the

Mental Capacity Act deprivation of liberty safeguards

and has been specifically designed for care homes

and hospitals to help staff understand what the safeguards

will mean for them and for their service users.

For full report click here

57. Mum Dad Alzheimer’s and me

12 January 2009 - Channel 4, 20:0 hrs

Presented by Fiona Phillips looking after her own

father whom she moved from Wales to Hampshire.

Well presented and poignant.

Some bullet points

Sheer draining, emotionally and physically for carers

(and some abuse they face but NOT in this

particular case)

‘Lottery’ variations in skill/availability of specialist

clinical teams

Lack of proper training of GPs in diagnosis, and

dementia generally

Dismissive attitude of many health professionals

(e.g. not interested in mild to moderate cases, ‘go

away and come back when really bad’)

Absence of seamless service in providing support

(e.g. psychologists, nurses, social workers, OTs )

Very limited respite services for carers and many

elderly left to fend for themselves, for spouses/

partners

Generally very reactive clinical response (e.g.

leaving treatment late rather than addressing

early symptoms immediately with new medication

)

The usual problems in sorting out care/funding

packages (who funds - Health or Social Services?)

How does the average carer cope?

Incompetence of some bodies (e.g. registering

power of attorney but sending mail to old address

, miles away).

58. Damning death verdicts called for

9 January 2009—BBC News

A health watchdog should issue damning verdicts on

six deaths of vulnerable NHS patients, a charity has

said. The Parliamentary and Health Service Ombudsman

is due to rule on the cases highlighted by

Mencap later this month. Last year an independent

inquiry into the deaths said laws to protect people

with learning disabilities were being ignored by the

NHS in England.

For full report click here

Mental Health

59. Talking therapies explained in handy new

guide

9 January 2009

The array of different psychological therapies available

in the UK is bewildering. From psychoanalysis

to Cognitive Behavioural Therapy, people often have

no idea how to tell which treatment is right for

them. It can also be difficult for health professionals

to provide information on all the options involved.

The Mental Health Foundation has published

‘Talking therapies explained’, a quick and easy

guide for those wanting to find the most suitable therapy

for their needs. The booklet explains the types of

different therapies available and how they work, as

well as organisations listing reputable therapists.

The guide also addresses the accreditation and regulation

of therapists, as unscrupulous and poorly qualified

practitioners can be difficult to recognise. The

booklet is designed to help people looking for a therapist

in both private and public sectors.

According to the charity, the government’s program to

improve access to psychological therapies on the

NHS has only just begun so receiving therapy on the

NHS can still be a lengthy process with an average

wait of six months. Psychological therapy can not

only improve an individual’s mental health but also a

person’s ability to manage family life, relationships, a

job or an ongoing physical illness.

Celia Richardson, Campaigns Director at the Mental

Health Foundation, said:

“We hope that this resource will provide a much

needed helping hand for people lost in the fog trying

to find a therapist. Many people don’t know where to

begin. We also hope health professionals will be able

to use ‘Talking therapies explained’ when advising

people about the options available.”

For a copy of ‘Talking therapies explained’ telephone

the Mental Health Foundation on 020 7803

1101 or download it from www.mentalhealth.org.uk

60. Mental health and learning disabilities

contract under fire from Adass

7 January 2009 – Community Care

Sector leaders are warning that a new standard contract

for mental health and learning disability services

in England will fail to adequately support integration

between health and social care.

The Standard NHS Contract for Mental Health and

Learning Disabilities comes into effect in April for a

year and creates legally binding agreements between

care providers and primary care trust and local authority

commissioners, in order to commit them to

specific policy objectives and ensure accountability.

Existing arrangements are able to continue until April

2010 where contracts are well-established.

For full report click here

Miscellaneous

61. Civil servants get £40,000 home perk

11 January 2009 - The Sunday Times

Item about housing allowances to officials in the

NHS.

62. Why Swiss suicide trips will not be outlawed,

by the DPP

10 January 2009 - Daily Mail

Keir Starmer QC has signalled that families of the

gravely ill will not be prosecuted where they help

their relative to commit suicide abroad.

63. This blind faith in experts fails family justice

9 January 2009 - The Times

Camilla Cavendish writes about the need for professional

experts in family cases to be independent of

the parties rather than ‘hired guns for local authorities’

against the backdrop of the Sally Clark and Angela

Canning injustices and the evidence presented

by Prof Sir Roy Meadow.

64. Is it time to ditch your private medical

insurance?

9 January 2009 - The Times

Dr Mark Porter MBE, a GP who presents BBC Radio

4’s ‘Case Notes’ has become the ‘new doctor writing

a weekly column. This week Dr Porter considers

whether it is still the case that private medical insurance

(PMI) represents good value for money considering

that NHS waiting lists are reduced and hospital

infections such as MRSA on the retreat.

65. People’s Award for Dignity in Care 2009

opens

9 January 2009 – NCF

Nominations have been opened up for the brand new

People’s Award for Dignity in Care. The award has

been created as a way of saying thank you to exceptional

health and social care staff.

Anyone employed in care-giving is eligible, from

nurses and social workers, to hospital porters and

nursing home employees, providing they have gone

the extra mile to ensure dignity and respect in any

area of health and social care.

You can nominate someone by calling 0870 000

1100 or visiting the Dignity in Care website:

www.dignityincare.org.uk/ (opens new window)

Nominations will close on 6 March 2009 and then 10

regional finalists will be selected to go through to the

final in July where the winner and runners up will

meet Sir Michael Parkinson and Phil Hope, Minster

for Care Services.

For full report click here

66. CRB: Quarter of people know nothing of

safeguarding agency

8 January 2009 – Community Care

A survey for the CRB has found that over than

a quarter of people know nothing about the Criminal

Records Bureau six years after its creation, a survey

for the agency has found.

The Ipsos Mori study of 3,671 people, published yesterday,

found two-thirds of respondents did not have

a working knowledge of the CRB, which does not

advertise itself in the media.

For full report click here

67. Tendering in Walsall

7 January 2009 - West Midlands Care Association

Walsall PHASE 1 Residential & Nursing Care Services

Tender 2009

The tender will be for a maximum initial period, subject

to the phasing, of four years from the 1 April 2009

to 31 March 2013.

After the initial three year period, the Agreement will

be subject to review and may result in a possible further

extension at the end of year four.

Planned programme dates are as follows:

Phase 1 (19 December 2008) NOW REVISED TO

JANUARY/FEBRUARY 2009

· Older People Dementia (EMI)

· Older People (65yrs+) not covered by the other

categories (OP)

· End of Life Care / Terminally Ill (TI)

Phase 2 (27 February 2009)

· Mental Health excluding a learning disability or dementia

(MD)

· Drug Abuse/Problem excluding alcoholism (D)

· Sensory Impairment (SI)

Phase 3 (31 March 2009)

· Learning Disability (LD)

· Physical Disability (PD)

· Alcohol Dependency (A)

· Dementia (DE)

· Adults (65yrs-) not covered by the other categories.

· Other not covered by Older People (65yrs+) in

Phase 1

Our feedback to the Tender Team, following our

meeting at the Beverley Hotel was very well received

and all the points we had identified were taken on

board and integrated into the revised forms.

Dialogue has been positive and constructive and we

look forward to continuing this work with the Tender

Team. We’ll call another meeting as soon as the

Team confirms it’s new Phase 1 dates.

68. Volunteers welcome criminal record

checks to protect the vulnerable

7 January 2009

The myth that volunteers are put off by Criminal Records

Bureau (CRB) checks has been destroyed by

research which shows nine out of ten people are in

favour of them.

The research published shows 91% support checks

for anyone working or volunteering with children and

vulnerable adults.

The research found:

* 90% say anyone working or volunteering with vulnerable

groups should be checked;

* more than 70% think the CRB helps protect the

vulnerable; and

* 75% are more likely to use a business if staff have

been CRB checked

The CRB has issued more than 18 million checks

stopping more than 80,000 unsuitable people working

with children and vulnerable adults.

69. Reputation as a leader on disability rights

questioned

5 January 2009 – NCF

The Equality and Human Rights Commission has

warned that delays in ratifying the UN Disability Convention

risk damaging the UK's reputation as a leader

on disability rights.

The Commission is writing to the Secretaries of State

for four government departments, asking them to explain

and justify the large number of reservations they

are requesting from the UN Convention on the Rights

of Persons with Disabilities.

For full report click here

70. Patients to have a say in improving GP

services

5 January 2009

More than five million patients in England are being

asked for their views on how to improve family doctor

services in a new survey launched by the Government

today. Results from the national survey will be

used to drive changes to GP services and rewards for

GPs who provide fast, convenient services.

This is the third year DoH has run the GP patient survey,

which focuses on patients' experiences of visiting

a GP.

Patients' answers will continue to set the level of payments

made to their GP practice for delivering access

to GP appointments in two working days and for

booking appointments in advance. The expanded

survey also means the local NHS can link GP pay

more closely to their patients' views if this will improve

care for patients.

For further details on the survey, including a copy of

the new survey questionnaire see http://www.gppatient.

co.uk

71. Eye on Wales

January 2009 - Healthcare Business

Mario Kreft, chairman of Care Forum Wales, writes

about the consultation underway in Wales about how

long term care will be funded (Ed. This mirrors the

exercise by Department of Health which began in

June 2008 ahead of the forthcoming Green Paper).

Care Forum Wales has been invited by the

Welsh Assembly to be involved in the process.

The consultation ends in March 2009 – you can contribute

to the process at www.payingforcareinwales.net

NHS

72. Hospital shamed over stroke victim left to

starve to death

9 January 2009 - The Times

Sorry, says hospital that let man starve to

death

10 January 2009 - Daily Mail

The Kingston Hospital NHS Trust has issued an apology

for allowing Martin Ryan,43, to starve to death

while in hospital in 2005. Mr Ryan, who had Down’s

Syndrome, suffered a stroke and lost the ability to

swallow.

Ann Abraham, Parliamentary and Health Service

Ombudsman, is expected to issue a report into the

death next month.

Ed. This is astounding. How many more deaths

will there be before the NHS accords people with

learning disabilities the same rights and treatment

as everyone else? MENCAPS report ‘Death

by Indifference’ set out the details of the unnecessary

deaths of six people with learning disability,

including that of Mr Ryan.

Government has instigated the Dignity Champions

scheme which is intended to raise awareness.

73. NHS patients face indignity of mixed-sex

hospital wards

9 January 2009 - The Times

Men and women in hospital are still being treated on

mixed-sex wards with little or no segregation, despite

government promises to improve privacy for patients,

the Conservative Party says.

74. Mixed-sex wards 'blighting NHS'

9 January 2009 – BBC News

For full report click here

75. The King’s Fund response to Alan Johnson’s

statement on new PCT funding allocations

9 December 2008 – King’s Fund

The King’s Fund’s Chief Executive Niall Dickson has

commented on the publication of new funding allocations

for primary care trusts (PCTs) in England,

which will calculate how much each part of the country

will receive in NHS funding over the next two financial

years:

“It’s clear from these figures that local health services

need to brace themselves for leaner times ahead.

The NHS has benefited from record levels of investment

during the prosperous times and now needs to

prepare itself for life on a tighter budget.”

“PCTs face an overall real terms funding increase of

3.9 per cent next year, followed by a 2.7 per cent increase

in 2010/11. This compares to growth rates

after inflation of around 7.4 per cent since 2002/3 to

2007/8. This was not unexpected, and the NHS will

have to demonstrate greater efficiencies and value

for money, especially as government spending from

2011 will without doubt be less generous still.”

For full report click here

76. Religion or Belief: A practical guide for

the NHS

9 January 2009 – DoH

The Department of Health has issued guidance to

assist NHS organisations to implement and comply

with the requirements of legislation on religion or belief,

understand the role of religion or belief in the

context of healthcare and integrate this knowledge

into single equality schemes.

For full report click here

77. Consultant who broke data rules loses

appeal

9 January 2009

A hospital trust has rejected the appeal of a consultant

who was sacked for gross misconduct after transferring

patient records to a community diabetes clinic.

Shirine Boardman led the establishment of the Apnee

Sehat clinic project in Leamington Spa in 2007, while

employed by South Warwickshire General Hospitals

trust, and with the support of NHS Warwickshire.

The clinic was set up as a 12-month pilot research

project providing help and advice to the Asian community.

It received several national awards and was

visited by Prince Charles and national clinical director

for primary care David Colin-Thomé.

However, the project was not continued and last July

Dr Boardman was dismissed by the hospital trust for

gross misconduct.

Confidential information

The trust announced it had upheld its original decision

following an appeal. It said in a statement: "In

February 2008, Dr Boardman transferred over 80 patient

records without patient or trust consent from an

audit database to the Apnee Sehat organisation.

"The database was never intended to be used to contact

patients in this manner and contained patient

identifiable confidential information.

"This disclosure of confidential patient information

went against explicit, repeated, consistent advice not

to do so without individual patient consent. It was also

in breach of guidelines on disclosure within the NHS.

Apology

"The database included records relating to a number

of deceased patients and, together with other patients,

at least one deceased patient's relative was

contacted by Apnee Sehat.

"When the matter came to light, we wrote to the patients

concerned to apologise, explain the circumstances

in which their confidentiality was breached

and tell them about the action we had taken."

Some supporters of the project had called for Dr

Boardman to be reinstated.

78. NHS inpatient and outpatient waiting

times figures

9 January 2009

NHS inpatient and outpatient waiting times figures,

30 November 2008

The key points from the latest release are:

Inpatient Waiting times

* The number of patients, for whom English commissioners

are responsible, waiting over the 26 weeks

standard for inpatient admission at the end of November

2008 was 56 (compared to the total of

551,000).

* The number of patients, for whom English commissioners

are responsible, waiting over 13 weeks at the

end of November 2008 was 32,900, a decrease of

7,900 (19.4%) from October 2008, and a fall of

14,500 (30.6%) from November 2007.

Outpatient Waiting times

* The number of patients, for whom English commissioners

are responsible, waiting over the 13 weeks

standard for a first outpatient appointment following

GP referral at the end of November 2008 was 235

(compared to the total of 857,000). Of these 235, 46

were English residents waiting for appointments in

Welsh hospitals.

* The number of patients, for whom English commissioners

are responsible, waiting over 8 weeks at the

end of November 2008 was 39,000, a decrease of

3,000 (7.1%) from October 2008, but a rise of 8,600

(28.4%) from November 2007.

Tables are available

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

Performancedataandstatistics/

HospitalWaitingTimesandListStatistics/index.htm

79. BMA head wins polyclinic contract

8 January 2009 – BBC News

The King’s Fund’s Chief Executive Niall Dickson is

part of a consortium that is to run one of the polyclinics

his organisation has campaigned against.

The British Medical Association has strongly opposed

the super-surgeries being set up across England.

But it has now emerged BMA chairman Dr Hamish

Meldrum is part of a group of doctors that have been

appointed to run a clinic in East Riding in Yorkshire.

For full report click here

80. Records Management: NHS code of practice

- Parts one and two

8 January 2009 – DoH

Newly issued code of practice as a guide to the required

standards of practice in the management of

records for those who work within or under contract to

NHS organisations in England. It is based on current

legal requirements and professional best practice.

Part one was published on 5 April 2006. Part two was

published on 8 January 2009.

For full report click here

81. New Health and Social Care Commissioner

appointed for London

8 January 2009

Ann Lloyd has been appointed to the post of Health

and Social Care Commissioner for London at the Appointments

Commission.

As the Commissioner for London, Ann will be responsible

for ensuring that the best possible people from

all sections of our society are recruited to serve as

Chairs and Non-Executive Directors on NHS bodies

in the Greater London area through a transparent,

rigorous and effective selection process. Ann will also

provide pastoral support and mentoring to those appointed

and will participate in the Appointments Commission's

training activities. In addition, Ann will undertake

the lead Commissioner role for a number of

national health and social care bodies.

Ann will be taking up her post in February 2009. The

term of the appointment is four years and will end in

January 2013. The remuneration for the position is

£31,059 per annum. This appointment has been

made in accordance with the Commissioner for Public

Appointments' Code of Practice.

82. NHS Referral To Treatment (RTT) times

data October 2008

8 January 2009

Main Points

* Data is being published on Referral to Treatment

(RTT) times for patients whose 18 week clock

stopped during October 2008.

* Data for admitted patients (patients whose 18 week

clock stopped with an inpatient/ day case admission)

has been published each month since January 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 has been published each month