Editorial
This past week has seen most of the news in the
sector was all but drowned out by Obama-fever
washing over the Atlantic from the USA.
And, what week it was.
We saw the launch of Valuing People Now (see item
49 this issue) this is of tremendous significance for
all those with learning disabilities and their carers. It
should be read, it sets out the three year vision for
improving the life chances and experiences of those
with learning disabilities.
There were two major decisions from the House of
Lords, both decisions, long awaited.
For those who have been following our Case
Reports; Wright (item 18 in this issue) is a case
brought by nurses excluded from the caring
workforce as a result of being placed on the ‘POVA
List’ – the procedure adopted by the Secretary of
State was unlawful because it didn't allow a person
to permit a person to challenge what he was accused
of before being barred.
There may well be many potential claims for
damages from those who were treated similarly. Get
in touch with Brunswicks if you have.
Then there is the decision in Jain (item 15 in this
issue) – a case in which their Lordships said that if
regulators obtained urgent cancellation of registration
after 02.10.2000 without according the provider a
right to be heard, the regulator risks having to
compensate the provider for the destruction of his
business. Again, let us know if this happened to you,
we might be able to help you recover compensation.
The tide may just be turning in the sector!
Finally, there was the launch of Brunswicks' new
website. Try it out - if you discover any niggles let us
know.
This week’s article
Now there is a route to compensation if the regulator destroys your business!
This week my colleague Nancy Ritchie-Noakes provides an analysis of the House of Lords decision in Jain v Trent Strategic Health Authority, a case in which a care home operator tried to recover damages for the destruction of the care business by a regulator which secured the cancellation by the most currilous of means. The Jains failed. However, for anyone who has suffered a similar fate after 02.10.2000 their Lordships have said there will be a route to damages.
To read how and why, click here
Parliament
26.01.09 – HoC – Oral questions to Sec of State for
Children, Schools and Families -
Annette Brooke (Mid Dorset & North Poole): What
recent estimate he has made of the incidence of child
abuse?
Continued...
If you currently get this Brunswicks' Healthcare Review from someone
else and would prefer to get your own copy, sent directly at no
cost - please email us with a request. Our contact details are on the
last page of this issue. Thank you.
Abuse
1. Child abuse commission given further
four weeks
22 January 2009—Belfast Telegraph
The commission established to inquire into allegations
of child abuse in Catholic industrial schools,
reformatories and orphanages has been given a further
four months to complete work which was supposed
to have concluded at the end of this month.
2. Elderly abuse hotline launched
21 January 2009—The Scotsman
A helpline to encourage care-home staff, elderly people
and their families to report abuse is launched.
Action on Elder Abuse has linked with Southern
Cross Healthcare, which runs 735 care homes
across the UK, to provide the service. It comes after
high-profile cases of older people suffering abuse at
the hands of care-home staff.
3. Care homes pioneer abuse helpline
21 January 2009 – BBC News
Thousands of elderly people are looked after in
homes, but for a few what should be a place of care
sometimes becomes a place of abuse.
Southern Cross is offering a new helpline to residents
in all of its 735 care homes in the UK. It is the
first scheme of its kind, and the company is the only
major care provider offering such a service. The
helpline is staffed by trained advisors from the charity
Action on Elder Abuse. They will not need the permission
of Southern Cross to alert authorities to any
problems, as they are entirely independent.
Southern Cross says it is determined to be open and
honest about the care offered in their homes and it
regards the £20,000 running costs for the helpline as
money well spent.
Kamma Foulkes, chief operating officer with the company
says it's about being transparent.
"We have a duty of care to do whatever we can to
eliminate abuse in our care homes. It's about giving
them confidence and letting people know what they
deserve in terms of care and respect."
For full report click here
A short video can be accessed featuring Kamma
Foulkes Director of Southern Cross Healthcare, Gary
Fitzgerald, Chief Executive of Action on Elder Abuse
and Baroness Barbara Young, Chair of the Care
Quality Commission saying why the helpline is a
good thing –
http://www.broadbandtvchannel.co.uk/clip.asp?clipid=398
4. Child abuse unit paying for data
21 January 2009 – BBC News
The Child Exploitation and Online Protection Centre
has spent over £170,000 since 2006 to internet firms
for information.
The figures were obtained under the Freedom of Information
Act and reveals that the money has gone to
internet service providers who charge for their data.
For full report click here
5. More offenders on child blacklist
20 January 2009 – BBC News
Recently released figures show that the number of
sex offenders banned from working with children in
England has risen to almost 13,000.
Schools Secretary Ed Balls told MPs 12,992 people
were on the List 99 blacklist, which is up from 8,036
in March 2008.
He said the rise was down to the implementation of
strict new rules which were introduced in February
2007.
For full report click here
6. Revised POVA guide from SCIE
20 January 2009 – NCF
SCIE has issued Guide 12: Making referrals to the
POVA list. This has been revised to take account of
the transitional stage moving towards the full implementation
of the Vetting and Barring scheme and will
be administered by the Independent Safeguarding
Authority from October 2009.
For full report click here
7. Family courts body reports 'highest ever'
figures for December
19 January 2009 – Community Care
Cafcass, the family court body, has revealed that a
record number of care applications were received in
December 2008, the month after the Baby P scandal
broke.
Statistics published showed that Cafcass handled
693 requests for care cases in December – its highest
number ever despite December typically being a
quiet month for care cases. This marked a 66% increase
on December 2007, when Cafcass received
417 applications.
For full report click here
Volume 4 Issue 4
8. 50 children a day abused - NSPCC
19 January 2009 – BBC News
Figures obtained by the NSPCC show that over
20,000 sex offences against children were recorded
in 2009, which equates to 50 every day.
The children’s charity stated that the “grim” figures
covering England and Wales show only a snapshot
of suffering that children under 18 endure.
For full report click here
9. Protect the elderly
19 January 2009 - The Times, Letters to the Editor
Several members of the House of Lords wrote setting
out their views that legislation is now needed in
relation to protecting older people not further Department
of Health guidance in the form of ‘No Secrets’.
Baroness Greengross
Baroness Barker
Baroness Murphy
Baroness Howe of Idlicote
Professor Lord Winston
Lord Rea
Lord Patel
Lord Joffe
House of Lords, London SW1
10. Care applications soar after Baby P case
19 January 2009 - The Times
Analysis of the dramatic rise in applications to take
children into care. There were 693 such applications
in Dec 2008 – 66% higher than 12 months previously
and a full 89% higher than June 2008 following a
steep increase in court fees which went from £150 to
£4,000.
Ed. It seems clear to me, that when the courts
jacked up the fees (by a factor of more than 26
times) – a Government policy to ensure that the
courts pay for themselves – councils sought to
contain their costs by ensuring that only the most
extreme cases would warrant the use of cash resources
in payment of court fees. Baby P, the
investigations, and the hue and cry which followed,
has clearly reminded councils and directors
of children’s services that they must not cut
corners and when a court application is warranted,
it must be made.
Lord Laming’s Report is due next month – I expect
it to be both damning of the practices in Haringey
and despondent of the lack of progress
since his report following the murder of Victoria
Climbie.
Business News
11. Four Seasons Health Gets More Time to
Rework Loans
21 January 2009 - Bloomberg
Financiers of Four Seasons Healthcare Ltd. gave the
care home operator a further six months to restructure
£1.2 billion debt.
The standstill agreement gives it until 22.07.09 to get
approval from creditors to rework debt used to finance
its takeover by Qatari-backed Three Delta LLP
in 2006.
12. Statement on financial intervention to
support lending in the economy
19 January 2009
With the global economic downturn intensifying in the
past two months, the Government announced a comprehensive
package designed to reinforce the stability
of the financial system, to increase confidence and
capacity to lend, and in turn to support the recovery
of the economy.
The announcements aim to address the current barriers
to lending by:
* extending the drawdown window for new debt under
the Government's Credit Guarantee Scheme (CGS)
which is designed to reduce the risks on lending between
banks;
* establishing a new facility for asset backed securities;
* extending the maturity date for the Bank of England's
Discount Window Facility which provides liquidity
to the banking sector by allowing them to swap
less liquid assets;
* establishing a new Bank of England facility for purchasing
high quality assets;
* offering capital and asset protection scheme for
banks, with proposals for this to be co-ordinated internationally;
and
* clarifying the regulatory approach to capital requirements,
through an announcement by the Financial
Services Authority (FSA).
The Government intends to negotiate with the banks
participating in certain facilities lending responsibility
agreements that will have specific and quantified
lending commitments and that will be binding and
externally audited.
The likely impact of the announcements on the public
finances will be mostly temporary, as investments will
be held for no longer than is necessary to ensure stability
and protect taxpayer interests; liabilities will be
backed by assets; and fees will be charged for relevant
schemes.
Business News
11. Four Seasons Health Gets More Time to
Rework Loans
21 January 2009 - Bloomberg
Financiers of Four Seasons Healthcare Ltd. gave the
care home operator a further six months to restructure
£1.2 billion debt.
The standstill agreement gives it until 22.07.09 to get
approval from creditors to rework debt used to finance
its takeover by Qatari-backed Three Delta LLP
in 2006.
12. Statement on financial intervention to
support lending in the economy
19 January 2009
With the global economic downturn intensifying in the
past two months, the Government announced a comprehensive
package designed to reinforce the stability
of the financial system, to increase confidence
and capacity to lend, and in turn to support the recovery
of the economy.
The announcements aim to address the current barriers
to lending by:
* extending the drawdown window for new debt under
the Government's Credit Guarantee Scheme
(CGS) which is designed to reduce the risks on lending
between banks;
* establishing a new facility for asset backed securities;
* extending the maturity date for the Bank of England's
Discount Window Facility which provides liquidity
to the banking sector by allowing them to
swap less liquid assets;
* establishing a new Bank of England facility for purchasing
high quality assets;
* offering capital and asset protection scheme for
banks, with proposals for this to be co-ordinated internationally;
and
* clarifying the regulatory approach to capital requirements,
through an announcement by the Financial
Services Authority (FSA).
The Government intends to negotiate with the banks
participating in certain facilities lending responsibility
agreements that will have specific and quantified
lending commitments and that will be binding and
externally audited.
The likely impact of the announcements on the public
finances will be mostly temporary, as investments will
be held for no longer than is necessary to ensure stability
and protect taxpayer interests; liabilities will be
backed by assets; and fees will be charged for relevant
schemes.
Care Homes
13. Care homes pioneer abuse helpline
21 January 2009 – BBC News
Article on Southern Cross and its newly launched
helpline that has been set up to report cases of neglect.
The helpline has available to residents or their relatives
in all of its 735 care homes in the UK and is the
first of its kind.
For full report click here
Case Reports
Law Reports
14. Allen v Royal Bank of Scotland
A disabled teenager who took on banking giant Royal
Bank of Scotland in Sheffield County Court after it
failed to provide access to his branch won a landmark
legal challenge.
Mr Allen won £6,500 and the bank was instructed to
install a platform lift by September.
More information at: http://www.learningdisabilities.org.uk/
information/news/?EntryId17=31883
15. Jain & Anr v Trent Strategic Health Authority
House of Lords - This case, in which Jain sought to
recover compensation from regulators who wrongly
and high-handedly obtained an urgent cancellation of
registration of a care home, saw their Lordships, for
technical reasons, reject the claim for damages; nevertheless
they took the opportunity to point out that
urgent cancellation of registrations under section 20
Care Standards Act 2000 is not compatible with the
European Convention on Human Rights.
Ed. To read an article about this decision and its
far-reaching implications for regulators wishing to
secure immediate cancellation of registration
read this week’s article on page 27.
16. Regina v General Medical Council
The Queen’s Bench Division, Burnett J, held that
there could not be a legitimate expectation that a
policy would continue once it had become known
that the policy was unlawful. The case concerned
the abolition of a of a concession whereby doctors
over the age of 65 yrs were not required to pay registration
fees to the GMC.
17. Regina (F) v Secretary of State for Justice
The Queen’s Bench Divisional Court held that placing
a person on the Sex Offender’s Register, in the
absence of a mechanism for review, is a disproportionate
interference with their right to respect for family
and private life and therefore a breach of article 8
European Convention on Human Rights.
18. Regina (Wright & Ors) v Secretary of
State for Health & Anr
This case brought on behalf of a number of nurses
was heard by the House of Lords.
In each case a nurse was referred to the Secretary of
State for consideration for inclusion on the list of persons
banned from working with vulnerable adults
under Part VII Care Standards Act 2000.
There Lordships held that the procedure effectively
banning care workers from working with vulnerable
people without first giving them the opportunity to
answer allegations of unsuitability was incompatible
with article 6 of the European Convention of Human
Rights.
Ed. To read the Royal College of Nurses, which
pursued the case on behalf of its members, view
of the decision see Nursing—item 104.
19. Council fined after disabled man drowns
in bath
23 January 2009
The Health and Safety Executive (HSE) is warning
those responsible for caring for disabled and vulnerable
people that they must make sure adequate precautions
are taken to ensure their safety.
The call comes after Durham County Council was
fined £30,000 and ordered to pay £20,736 costs after
admitting two offences under health and safety legislation.
The HSE prosecution followed an investigation into
the death of John Wood, a disabled man with severe
learning disabilities and epilepsy. On 12 November
2006 Mr Wood drowned in the bath at Lilac Lodge in
Bishop Auckland, a supported housing scheme administered
by the council and staffed by its employees.
Mr Wood had been left on his own in the bathroom
for several minutes because the support worker
present, who was the only employee in the house at
the time, had left the bathroom to attend to other service
users who also lived there.
The HSE investigation found that no suitable and
sufficient assessment of the risks to Mr Wood's
health and safety during bathing had been
made. Furthermore, no safe system of work had
been developed for the support workers to follow,
despite Mr Wood having had epileptic seizures in the
bath on at least three previous occasions.
HSE Inspector Richard Bishop, who led the investigation,
said: "This resulted in the staff developing their
own systems of work, which were unsafe in that adequate
supervision (in this case, constant supervision)
was often not maintained, nor could it be maintained
when only one person was working at Lilac Lodge.
Constant supervision wasn't always maintained even
when two support workers were present.
"The staff were not adequately trained, working practices
were not effectively monitored, and previous
similar incidents were not adequately investigated. Mr
Wood's death was entirely preventable, though under
these conditions, it was only a matter of time before it
happened.
"In health and social care, it is well established that
for many service users, bathing can be a significant
area of risk, be it from drowning or from other hazards
such as scalding from high water temperatures.
Wherever there are doubts about a service user's
ability to protect themselves against these risks, as
was clearly the case with Mr Wood, it is essential that
a risk assessment is made, using the findings of the
assessment to ensure appropriate control measures
are implemented."
20. New guidance and research recently published
by the Health and Safety Executive
‘HSE Enforcement Guide (England and Wales)’
This new Enforcement Guide provides legal guidance
to HSE staff in relation to their enforcement powers
and duties. It will also be useful to other health and
safety enforcement agencies. The information and
advice is intended to assist HSE staff in the exercise
of their discretion when making decisions. Certain
information in the Guide is exempt from disclosure
under Part II of the Code of Practice on Access to
Government Information and, in due course, under
the Freedom Information Act. It therefore does not
appear in the website Guide.
http://www.hse.gov.uk/enforce/enforcementguide/
Disciplinary cases
Nothing to report
Cases in the news
21. Complaint sparks care home probe
22 January 2009 – BBC News
An investigation is being undertaken after a complaint
was made anonymously about care at Brooklands
Nursing Home in Selby.
The North Yorkshire nursing home said two residents
woke up with unexplained bruising but found no evidence
of abuse.
For full report click here
22. Ward trolley ordeal for pensioner
22 January 2009 – BBC News
John Mulligan, 86, spent over seven hours on a hospital
trolley while waiting for an ambulance to take
him back to a care home.
In a statement, NHS Greater Glasgow and Clyde
said: "When this patient attended A&E he was seen,
treated and a decision made not to admit him, within
the four hour waiting time guarantee.”
For full report click here
Children
23. 'Too late' for child death probe
19 January 2009 – BBC News
Perry Barr MP, Khalid Mahmood said any changes
prompted by the enquiry into Birmingham social services
is “too little too late” as it came too late for
some children.
For full report click here
Conferences & Courses
To follow next week
Consultations
24. Call for views on streamlining Health and
Adult Social Care Assessments
18 December 2008 – DoH
Consultation begins on how best to improve information
sharing across health, social care and wider
community support services
The consultation aims to create a more efficient and
transparent system of information sharing, to avoid
patients having to answer the same questions several
times and ensure that people receive the best quality
care and support.
The Government is asking people to give their views
on what changes need to be made so that people get
the services best suited to their individual needs. It
includes how best to safely and securely share personal
information across health and social care services
as well as wider community services such as
housing.
The consultation, which is now open covers:
* how assessment and care planning should be undertaken
(the principles);
* what information should be commonly shared;
* who that information might be shared with;
* proposals on the IT approach and solutions that
would enable this to happen nationally; and
* the issues around confidentiality and security arrangements
that this entails.
The consultation will run alongside a number of demonstrator
sites, local authority led partnerships who
will work to test and evaluate the practical changes
that will need to be made and will take into account
people's feedback from the consultation. A first wave
of demonstrator sites is expected to start shortly, and
a call for interest in a second wave is expected in the
summer.
Emerging evidence and good practice will be provided
regularly from the three year work of the demonstrator
sites which will evaluate evidence on benefits
for patients, efficiency, and cost-effectiveness
across the system. This evidence will be used to inform
local developments and further national guidance.
The consultation period runs from 21 January 2009 to
17 April 2009.
Copies of the consultation documents can be accessed
through: http://www.dh.gov.uk/en/Consultations/
Liveconsultations/index.htm
Public consultation events will be held:
29 January 2009 Nottingham
3 February 2009 London
5 February 2009 Manchester
11 February 2009 Bristol
17 February 2009 Leeds
19 February 2009 Birmingham
Places at the events can be booked via: http://
networks.csip.org.uk/Personalisation/PersonalisationEvents/
The consultation and developments of a Common
assessment Framework for Adults supports the wider
agenda of Putting People First, the personalisation of
services and social care transformation
http://www.dh.gov.uk/en/SocialCare/Socialcarereform/
index.htm
For full report click here
25. 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
26. 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
27. 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
28. 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
29. 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
30. 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
31. 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
32. 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
33. Eye on Wales
January 2009 - Healthcare Business
Closing Date: March 2009
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.
For full consultation go to www.payingforcareinwales.net
34. 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
35. 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
36. 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
37. NICE: Current consultations
To browse through consultations go to http://www.nice.org.uk/
page.aspx?o=consultations.current
38. The Health Professions Council
(Constitution) Order 2009: A paper for consultation
Closing Date: 17 April 2009
Consultation seeking views on a proposed constitution
for the Health Professions Council, including details
of the composition of the council, the terms of
office of council members and criteria for the disqualification,
suspension or removal of members from office.
For full report click here
39. Common Assessment Framework for
Adults: A consultation on proposals to improve
information sharing around multidisciplinary
assessment and care planning
Closing Date: 17 April 2009
The Department of Health has launched a consultation
on improving the quality and efficiency of care and support
through improvements in the sharing and use of
information.
The consultation focuses on care and support for adults
and on assisting the continued development of personalisation
by helping people to choose services better
suited to their needs.
For full consultation click here
CSCI/Care Quality Commission,
CSSIW, Healthcare
Commission &
Scottish Care Commission
40. Care Quality Commission could make
SHAs redundant
22 January 2009 – HSJ
The NHS Confederation has been campaigning for a
major rethink of strategic health authorities' roles in
light of the new regulatory regime.
Senior policy manager Frances Blunden said the
massive powers wielded by the Care Quality Commission
from April will increase duplication between
SHAs and regulators.
For full report go to http://www.hsj.co.uk/news/2009/01/
new_regulator_could_make_shas_redundant.html;jsessionid=9D
B452F1D7BFA3209859AB617DC43FE5?
tmcsTrackingInfo=$
bQYqjxU2nJZaiUE9d4dNQxhYYszDZFjzyObI_dtvnJ36X
fjjt0crx_GyMDw51EjrwYOmz7_oS3z$
Ed. Well, the social care sector will be surprised,
not! We welcome the NHS bodies to the brave
new world of closer policing and the dire consequences
for those who fail to come up to scratch.
41. Revised healthcare guidance on MRSA
22 January 2009 – SCRC
A revised healthcare guidance note on MRSA
(Meticillin Resistant Staphylococcus Aureus): Information
for the public is now available. It supersedes
the previous edition dated 20 October 2005.
For full report click here
42. Healthcare guidance on Clostridium difficile
infection leaflets
21 January 2009 – SCRC
A health guidance note for use by service providers,
the public and Care Commission staff.
For full report click here
43. What we are doing to reduce duplication
20 January 2009 – SCRC
All public bodies in Scotland have agreed to reduce
repeat requests for information.
For full report click here
44. New issue of Care News
19 January 2009 – SCRC
A issue of Care News has been published. It looks at
the results of the first six months of grading and how
the Nintendo Wii is not just for kids!
For full report click here
Dementia
45. Dementia relatives 'admit abuse'
23 January 2009 – BBC News
Research undertaken by the University College London
has revealed that over half of those who look
after a relative with dementia admitted that they had
mistreated them.
Verbal abuse or threats were common, but just three
of the 220 people questioned in the British Medical
Journal study admitted physical abuse.
For full report click here
Ireland, Scotland & Wales
Ireland
Nothing to report
Scotland
Nothing to report
Wales
46. Patient records on stolen laptop
24 January 2009 – BBC News
Abertawe Bro Morgannwg University NHS Trust has
been found breaching data protection laws after a
laptop with details of about 5,000 patients were stolen.
The computer was stolen from a locked office presumably
by an “opportunistic thief”.
For full report click here
47. NHS buildings' £500m repair bill
21 January 2009 – BBC News
The Welsh Assembly Government has been told that
NHS buildings in Wales need nearly £500m worth of
repairs for essential, high risk work.
For full report click here
Learning Disabilities
48. Valuing People Now Published
23 January 2009 - Mencap
The Department of Health published its plans for
learning disability services for the next three
years. Part of the strategy looks at Sir Jonathan Michael's
‘Healthcare for All' report – a direct response
to Mencap's ‘Death by indifference' report. ‘Valuing
People Now' responds to each of Sir Jonathan's ten
recommendations, and fully accepts, or accepts the
aims, of each.
On housing, ‘Valuing People Now' recognises the
need for people with a learning disability to be able to
choose where they live and who they live with. It
brings together recommendations to close NHS campuses
by 2010, give more people access to personal
budgets, and to use person-centred planning.
‘Valuing People Now' also says that an employment
strategy will be published in the spring. It will focus
on the fact that people with a learning disability can
work with the right support.
Find out what Mencap thinks about them. Read more...
49. Dear colleague letter: Launch of valuing
people now
21 January 2008 – DoH
Letter from Anne Williams, National Director for
Learning disabilities announcing the launch
of 'Valuing People Now'.
It is a new three-year strategy for people with learning
disabilities and is a cross-government strategy
and is accompanied by a delivery plan and the government's
further response to the Joint Committee on
Human Rights report, 'A life like any other?'.
For full report click here
50. Vulnerable deaths inquiry set up
19 January 2009 – BBC News
The Department of Health is to set up a confidential
inquiry to investigate premature deaths of people who
have learning disabilities.
The inquiry is in response to an independent inquiry
published in July 2008 into the deaths of vulnerable
NHS patients.
For full report click here
Ed. This is just terrible. The DH should not be
undertaking such an inquiry 'behind closed
doors'. Mencap revealed the scandal of NHS
treatment of people with learning disabilities in
2007. If the public is to have confidence in their
NHS such investigations should be conducted
publicly.
51. Valuing people now: a new three-year
strategy for people with learning disabilities
19 January 2009 – DoH
The Government has committed to improving the life
chances of everyone with a learning disability.
The Department of Health worked with several other
Government departments on the White Paper, Valuing
people, which was published in 2001 and designed
to improve support for people with learning
disabilities and their families.
For full report click here
52. Summary of responses to the consultation
on valuing people now: from progress to
transformation
19 January 2009 – DoH
Summary of responses to 'Valuing People Now' which
sets out the Government's strategy for people with
learning disabilities for the next three years following
consultation
For full report click here
53. Probe into learning disabilities deaths
19 January 2009 – HSJ
The Government has announced that an independent
confidential inquiry will to look at premature deaths of
people with learning disabilities in NHS care.
Health secretary, Alan Johnson, also stated that a
public health observatory would be established to
provide national and local-level data to support commissioning
for people with learning disabilities.
For full report go to http://www.hsj.co.uk/news/2009/01/
probe_into_learning_disabilities_deaths.html?
tmcsTrackingInfo=$-
3NUSlgwteOYf5y65Gsad_
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qeSm6TS_z$
54. Launch of Valuing People Now: a new
three year strategy for people with learning
disabilities
19 January 2009
ARC, is the UK’s national umbrella charity for providers
of services for people with a learning disability.
James Churchill, the Chief Executive of ARC said:
“ARC welcomes the new version of Valuing People
Now, and especially the clear focus on delivery
which the new Minister Phil Hope MP, and the new
National Director for Learning Disabilities Anne Williams
have insisted on. The document (rightly) has
high ambitions and, if implemented, will go a long
way to restoring people with learning disability to
their rightful place in society.
Valuing People Now is a welcome declaration of
intent, but without the resources to do the job,
there is a danger that it will not be given the
chance to show that it can deliver the better life
for people with learning disabilities which it
promises today.
ARC’s concerns are about the difficulties of making
such a major change without a similar step change in
funding. There is clear evidence that the number
of people with learning disabilities has long been
underestimated in Government calculations and
that the number of people with profound and multiple
disabilities is now growing as the care of prematurely
born babies improves survival rates.
If the Government really wants to create new employment
and to meet its policy objectives for
personalising social care it should put a billion
pounds into funding Valuing People Now as a
prelude to reforming the wider funding of social
care. Why should the banks get it all and produce
nothing to show for it?”
55. People with learning disabilities deserve
more than a wish-list, says Foundation
19 January 2009
In response to the launch of Valuing People Now
and an inquiry to investigate the premature deaths of
people with learning disabilities, Barbara McIntosh,
Co-Director of the Foundation for People with Learning
Disabilities, said:
“We need to make sure Valuing People Now does not
fall by the wayside. People with learning disabilities
don’t need any more paper promises. It’s worth remembering
that the original Valuing People was
greeted with much fanfare, and included a delivery
plan, but more than seven years later implementation
is still very patchy.
“Valuing People Now does show signs of learning
from the past. The voices of people with learning
disabilities and – importantly – their families are given
a more prominent role. We hope that this, and the
new regional partnership boards will make things
happen. To go through three more years of unfulfilled
potential would be heartbreaking. People with
learning disabilities deserve the same chances to live
their lives to the full as everyone else.
“The establishment of an inquiry into premature
deaths among people with learning disabilities is long
overdue. It’s hard to think of many other minority
groups that could be treated so badly for so long without
an outcry. We particularly welcome the government’s
decision to commission a new Public Health
Observatory to provide data information at a national
and local level, which is desperately needed.”
56. Valuing people now - New vision for people
with learning disabilities
19 January 2009
People with learning disabilities will be supported in
every aspect of their lives, from housing and health to
employment, Secretary of State for Health, Alan
Johnson announced.
'Valuing People Now - A Three Year Strategy for
People with Learning Disabilities' presents a new
vision for improving services for people with learning
disabilities across health, housing, employment and
community care services. It follows a comprehensive
consultation involving more than 10,000 people.
Improving training, commissioning of services and
strengthening local structures to meet the needs of
people with learning disabilities, are fundamental elements
of the Strategy.
Key aims include:
* ensuring people with learning disabilities get the
healthcare they need and the support they want to
live healthy lives;
* supporting more people with learning disabilities,
including those with more complex needs, into paid
work;
* ensuring people with learning disabilities have the
choice to have relationships, become parents and
continue to be parents; and
* giving people with learning disabilities opportunities
to study and enjoy leisure and social activities.
Progress will be reviewed annually. A new national
Learning Disability Programme Board and Regional
Boards will ensure the strategy works, share good
practice and provide a forum for stakeholder groups
to discuss progress and concerns.
Secretary of State for Health, Alan Johnson said:
"All people with learning disabilities must be supported
to live, full, independent lives as equal citizens
across all aspects of life. This strategy will help make
that a reality and I urge the NHS, local authorities
and public services to take this opportunity to make
real progress to transform people's lives."
Valuing People Now also contains the Government's
response to the Independent Inquiry chaired by Sir
Jonathan Michael. This was set up by former Secretary
of State Patricia Hewitt in response to the Mencap
report 'Death by Indifference' in 2007.
In response to the Independent Inquiry, the Department
will:
* establish a confidential inquiry to investigate the
premature deaths of people with learning disabilities;
* commission a new Public Health Observatory to
provide essential data information at a national and
local level; and
* work with the professional regulatory bodies to ensure
medical students and NHS professionals receive
training on learning disabilities, equalities and
human rights.
These steps will build upon measures already taken
in response to the inquiry's report, such as annual
GP health checks for people with learning disabilities
and the 'reasonable adjustments' to general health
services PCTs were directed to make in the NHS Operating
Framework for 2009/10.
Mr Johnson added:
"I accept the recommendations of Sir Jonathan Michael's
Independent Inquiry. We will set up a confidential
inquiry into premature deaths of people with
learning disabilities as soon as possible, along with a
Public Health Observatory to provide data on services.
These will help improve NHS commissioning of
services further. "
Mark Goldring, chief executive of learning disability
charity Mencap, said:
"Valuing People Now is a very welcome report with
great significance for people with a learning disability.
It is a vision that puts people with a learning disability
at the centre of their care - and offers clear solutions
for people with profound and multiple learning disabilities
and for carers.
"This is a commendable continuation of the important
work of Valuing People, particularly with the delivery
plan and partnership boards, to help ensure real
change for people with a learning disability. We welcome
that Valuing People Now goes beyond just
health services. It means that other departments
must follow the lead of the Department of Health in
improving services for people with a learning disability.
"Valuing People Now has rightly acted on the recommendations
of Mencap's Death by Indifference report
as well as the independent inquiry from Sir Jonathan
Michael. These systemic recommendations for improvements
in health care are an important step forward
and will be good news for all people with a
learning disability.”
"The delivery plan is a much welcome and important
part of Valuing People Now. It could make a real difference
to people with a learning disability. We urge
the Government to make Valuing People Now a reality
as soon as possible"
Valuing People Now can be found on the Department
of Health website - http://www.dh.gov.uk/en/SocialCare/
Deliveringadultsocialcare/Learningdisabilities/index.htm
Legislation Update
57. No. 39 (C.3) The Safeguarding Vulnerable
Groups Act 2006 (Commencement No. 3) Order
2009
23 January 2009 – OPSI
For full legislation click here
58. Health and Social Care (Reform) Act
(Northern-Ireland) 2009 c.1
23 January 2009 – OPSI
For full legislation click here
59. No. 4 The Protection of Vulnerable
Groups (Scotland) Act 2007 (Transitory Provisions
in Consequence of the Safeguarding
Vulnerable Groups Act 2006) Order 2009
22 January 2009 – OPSI
For full legislation click here
60. No. 12 The Safeguarding Vulnerable
Groups Act 2006 (Transitory Provisions) Order
2009
20 January 2009 – OPSI
For full legislation click here
61. No. 29 The National Health Service
(Charges for Drugs and Appliances) Amendment
Regulations 2009
20 January 2009 – OPSI
For full legislation click here
62. No. 37 The Safeguarding Vulnerable
Groups Act 2006 (Prescribed Criteria and
Miscellaneous Provisions) Regulations 2009
20 January 2009 – OPSI
For full legislation click here
63. Health and Safety (Offences) Act 2008
The Health and Safety (Offences) Act came into
force on 16 January 2009. Changes introduced by
the Act include:
• Making imprisonment an option for more offences
in both Magistrates and Crown Court;
• Raising the maximum fines that may be imposed in
the Magistrates Court from £5,000 to £20,000 for
most offences;
• Allowing offences which currently can only be tried
in the Magistrates Court to also be heard in Crown
Court. In effect this will make the maximum fines
available for some offences unlimited.
The full text of the Act is available at the following
internet address:
http://www.opsi.gov.uk/acts/acts2008/ukpga_20080020_en_1
Mental Capacity
64. Staying calm 'prevents dementia'
19 January 2009—BBC News Health
Research published in the journal Neurology asked
500 healthy elderly people to complete questionnaires
about their personalities. Those who were
calm and relaxed had a 50% lower risk of developing
dementia during the six years of the study.
UK experts said it offered "compelling evidence" of
the need to be "socially active throughout life".
For full report click here
Mental Health
Nothing to report
Miscellaneous
65. Vitamin D 'is mental health aid'
23 January 2009 – BBC News
A study has suggested that vitamin D, normally found
in fish and exposure to the sun, can help stave off
mental decline as people get older.
Compared to those with the highest vitamin D levels,
those who had the lowest levels were most likely to
have impaired understanding.
For full report click here
66. Hospitals 'face surgeon shortage'
23 January 2009 – BBC News
The Association of Surgeons in Training said that
British hospitals are “running out of surgeons” as they
are preparing for new rules to cut doctors’ working
hours.
A survey of 1,096 trainee surgeons showed that 90%
said they were working more than the maximum of 58
hours a week.
However, under the European Working Time Directive,
due to come in this August, this will be cut to 48
hours.
For full report click here
67. Image problem haunts child social work
23 January 2009 - The Times
Rosemary Bennett writes about the sector and the
fact that while the chief exec of Cafcass (Children and
Family Court Advisory Support Service), Anthony
Douglas – a former social worker – recognises that a
complete overhaul of child care cases is needed
there is a problem; teachers can earn up to £55,000
whereas social workers top level of pay is £40,000.
68. Hearing Lawyers
22 January 2009 - The Times
Advert seeking lawyers in central London to join the
Nursing and Midwifery Council to present cases to
practice committees and before the High Court – the
salary offered is c.£38,000.
69. You can’t get this kind of legal experience
anywhere else
22 January 2009 - The Times
Advert by the General Medical Council seeking to
recruit lawyers in Manchester at ‘attractive salary +
excellent benefits’.
70. Deputy Director of Children’s Services
22 January 2009 - The Times
Hampshire is seeking to make an appointment at
c.£110k in Winchester.
71. NHS West Kent – Assistant Chief
Executive
Director of Finance and
Commerce
22 January 2009 - The Times
Two posts, the first £75K and the second up to £88K.
72. Doctors need more drugs training
22 January 2009 – BBC News
Professor David Webb, a leading pharmacologist has
said that trainee doctors are not being given adequate
training about the "complex" range of drugs
available.
The General Medical Council, which oversees doctors'
training is said to be reviewing the area but said