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Both editions are © Brunswicks LLP 2008

Editorial

Well Keith did chose the right time of the year to flee

the country for warmer climes. When he left

Heathrow was closed and since we’ve had S Wales

cut off from England twice, or the other way round

depending on how you view the border. Such cold

conditions inevitably mean hardship for the more

vulnerable in society – and of course difficulties for

those providing services to them. How many

contracts or service level agreements include a force

majeure provision for when weather conditions make

reaching the service users impossible – and more

importantly what are the contingency measures to

deliver services to the most needy when the snow

blankets the nation and we are unprepared to

cope? I’d be very interested to learn from you what’s

been happening out there.

Andrew Dawson

Parliament

HoL 12.02.09Health and Social Care Act 2008

(Registration of Regulated Activities) Regulations

2009 The Lord President (Baroness Royall of

Blaisdon) to move that the draft Order be referred to a

Grand Committee.

Next

Abuse

1. More To Claim in Child Abuse Case

3 February 2009—BBC News

A further 150 people are set to claim compensation for

the abuse they suffered at children's homes in Manchester

in the 1970s and 1980s. The action comes two

years after 168 people were awarded a total of £2.26m

for the sexual and physical abuse they suffered at the

homes. The group was formed after a police investigation

into 66 children's homes. Lawyers have now applied

to the High Court to claim against Manchester City

Council on behalf of a second group.

For full report click here

Business News

Nothing to report

Care Homes

2. Health and Safety Executive (West Midlands)

(HSE) Death of elderly woman calls for better

risk assessment

6 February 2009

The Health and Safety Executive (HSE) is calling on

health and social care employers to make sure that risk

assessments are carried out regularly to determine the

suitability of equipment used in everyday tasks.

The body made this demand following an incident on 8

March, 2007 in the Ivy House Care Home, West Heath,

Birmingham, owned by Four Seasons Homes No.4 Ltd.

A care assistant was working alone and transferred an

83 year old woman from a commode to a bed, using a

hoist.

The woman was left sitting unattended on the edge of

her bed and being partially-paralysed was unable to

stop herself from falling to the floor. As a result, she later

died in hospital and an inquest jury found that “gross

failures to provide basic medical attention, to a dependent

person, led to an accident that, in turn led to her

death”.

Four Seasons Homes No.4 Ltd was fined a total of

£66,000 and ordered to pay costs of £21,355 at Birmingham

Crown Court, on 5th February, 2009, after

pleading guilty to breaching sections 3(1) of the Health

and Safety at Work etc Act 1974, and Regulation 3(1)

(a) of the Management of Health and Safety at Work

Regulations 1999.

The court heard that HSE's investigation found that the

wrong type of hoist was used, the employee was not

trained to use that particular hoist and correct procedures

were not followed. Two people should have undertaken

the move and the room lacked sufficient space

to satisfactorily operate that type of hoist. The hoist

used was also inappropriate for use with someone of

limited upper body strength

Case Reports

Law Reports

Nothing to report

Disciplinary cases

Nothing to report

Cases in the news

3. Sacked Baby P chief defends case

7 February 2009 – BBC News

Sharon Shoesmith, the ex-head of children's services at

Haringey Council has said the way ministers handled

the Baby P affair was "breathtakingly reckless".

She spoke to BBC Radio 4's Weekend Woman's Hour

and to the Guardian in her first interviews since being

dismissed in December, stating that she considered

suicide, was the victim of a press "witch-hunt", and was

"blatantly discredited" by Ofsted.

For full report click here

4. Balls 'not reckless' over Baby P

7 February 2009 – BBC News

Children's Secretary Ed Balls has rejected claims by

Sharon Shoesmith that he was 'reckless' over the Baby

P case.

Mr Balls denied Ms Shoesmith's claims, saying: "I didn't

jump in."

He had removed her from her post as head of Haringey's

children's services after Ofsted criticised the department's

leadership.

For full report click here

5. Sex assault carer's sentence cut

6 February 2009 – BBC News

A carer previously convicted of a "sadistic" sexual assault

on a 77-year-old dementia patient has had his

nine-year jail sentence cut by two years.

Gareth Jones, 23, of Trecastle, Powys was jailed at

Newport Crown Court last July after he denied sexual

activity with a person with a mental disorder.

For full report click here

6. Home workers cleared of neglect

5 February 2009 – BBC News

Nurse Andrea Garrick, 38, and care assistants Jodie

Atkinson and Danielle Schofield, both 22, were on trial

at Leeds Crown Court for wilful neglect have been

cleared of all charges.

Violet Smith, 87, was taken to hospital after being

placed on a commode of hot water at Charlton Centre

in Batley.

The case against them was dismissed by Judge Geoffrey

Marson who ruled there was no case to answer

and discharged the three from the neglect charges.

For full report click here

Children

7. Children's tsar 'overstating job'

3 February 2009 – BBC News

Kathleen Marshall, Scotland's Children's Commissioner

has been accused of exaggerating her role to

prevent it being abolished through a merger.

Proposed plans to merge her post, creating a single

commissioner to deal with rights to halve the number

of Holyrood-funded Scottish "tsars", from six to three.

For full report click here

Conferences & Courses

To follow next week

Consultations

8. 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

9. 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:

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

10. 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

11. 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

12. 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

13. 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

14. 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

Ed - My GP surgery has an 0845 number and an

automated answering service which annoys me

not only because the phone is answered by a robot

- but also because I sense the call is being

prolonged to increase revenue. For example the

call welcomes me twice!

15. 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

16. 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

17. Fairer Contributions Guidance: A consultation

on the extension and revision of the

statutory guidance for charging for nonresidential

social services in relation to personal

budgets

Closing Date: 19 April 2009

A consultation being carried out by the Department

of Health on the extension and revision of the statutory

guidance for charging for non-residential social

services, the ‘Fairer Charging guidance’.

The accompanying guidance refers to contributions

for personal budgets, which contain only of adult social

care funding. The aim of the new guidance is to

provide councils with a system for calculating how

much a person should contribute to their personal

budget. It has been produced as a companion to the

existing Fairer Charging guidance.

For full report click here

18. NICE: Current consultations

To browse through consultations go to http://

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

CSCI/Care Quality Commission,

CSSIW, Healthcare

Commission &

Scottish Care Commission

19. New internal timescales for responses to

written representations

6 February 2009 – SCRC

Article detailing what the Care Commission does when

taking enforcement action.

For full report click here

20. Health watchdog handover is on 'red risk'

5 February 2009 – HSJ

There are still unresolved issues two months before the

handover from the Healthcare Commission to the Care

Quality Commission. Issues include crucial staffing and

financial decisions to be made.

The Healthcare Commission has identified work around

its closure as a "red risk" - the most severe alert - because

a number of projects are "not yet defined, resourced

or initiated", papers from a commissioners'

meeting last week reveal.

For full report go to http://www.hsj.co.uk/news/2009/02/

health_watchdog_handover_is_on_red_risk.html;jsessionid=D78

4D90F3BD70A03853AD91F8E2573E0?

tmcsTrackingInfo=$zD3QrL8b8tzs1JayqqH7GTh-

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21. Key issues in Social Care Regulation and

Inspection

2 February 2009 – CSCI

This short booklet looks at what the commission has

achieved over the past five years. It explains how the

commission's vision and values have been used to

regulate and inspect social care.

For full report click here

Dementia

22. 'Memory clinics' plan on dementia

3 February 2009 – BBC News

The Government has announced plans for "memory

clinics" to spot and treat dementia, as part of its new

strategy, with specialised advisers to help people with

dementia and their families. The advisers will navigate

the care and support systems.

For full report click here

23. Dementia: Facts and figures

3 February 2009 – BBC News

A look at dementia, how it affects people and how the

Government intend to tackle the rising numbers.

For full report click here

24. Invaluable support of memory clinic

3 February 2009 – BBC News

How dementia is spotted and a case report on how

drugs can help slow down its progress.

For full report click here

25. Living Well With Dementia: A national

dementia strategy

3 February 2009 – DoH

Document setting out initiatives designed to make the

lives of people with dementia, their carers and families

better and more fulfilled.

For full report click here

26. National Dementia Strategy

3 February 2009 – DoH

Details of the first ever National Dementia Strategy.

This is a landmark document that will transform the

quality of dementia care and sets out initiatives designed

to make the lives of people with dementia, their

carers and families better and more fulfilled.

For full report click here

27. National Dementia Strategy

3 February 2009 – ECCA

Martin Green, Chief Executive of ECCA, has stated:

“Dementia care is one of our greatest challenges and

residential care provides a vital component in the effective

support to people with dementia and their carers.

The National Dementia Strategy recognises the

challenges of this complex and progressive condition

and I am pleased that the Government has placed emphasis

on diagnosis and early intervention as well as on

how to support people as their condition deteriorates”.

Martin Green continued:

“The National Dementia Strategy is an opportunity for

health and social care to work in an integrated and effective

way and if we get this right it will improve the

lives of the thousands of people with dementia and the

millions of their carers and loved ones that are touched

by the condition”.

Ireland, Scotland & Wales

Ireland

Nothing to report

Scotland

28. Plans to close free care loophole

8 February 2009 – BBC News

Public Health Minister, Shona Robison has announced

that councils could be stopped from charging

OAPs for food preparation under plans to tighten

Scotland's rules on free personal care.

She said she wanted to close the loophole to put the

issue "beyond doubt".

For full report click here

29. Carer's 31 years and no sick days

5 February 2009 – BBC News

Shirley Bowen, a night officer at a residential home has

never missed a shift - whether due to sickness, snow or

anything else - since starting 31 years ago.

She lives in Meidrim, 10 miles from the Argel Residential

Home in Johnstown in Carmarthenshire.

For full report click here

30. Elderly wanted for Wii experiment

5 February 2009 – BBC News

Researchers in Aberdeen are looking for people over 70

to take part in a study to see if the Nintendo Wii Fit

could help their balance.

The University of Aberdeen and NHS Grampian want to

find out if the games system's balance board can help

prevent older people falling and are looking for volunteers

who have fallen at least once in the past year and

can attend regular sessions.

For full report click here

Wales

Nothing to report

Learning Disabilities

31. Exhibition shows positive images of

learning disabilities

30 January 2009 – Community Care

MENCAP has launched its outdoor exhibition to display

some winning photographs from its annual photo competition.

The pictures are all either taken by or feature someone

with a learning disability and aim to show life from the

perspective of people with learning disabilities. As part

of the This is Me exhibition, they are displayed on twometre

cubes at outdoor locations.

For full report click here

32. Specialist autism care provider welcomes

includion of people with autism in “Valuing

People Now”

30 January 2009

Brookdale Care has warmly welcomed the inclusion of

people with ASD in the Government's 'Valuing People

Now' three year strategy for people with learning disabilities,

published on Monday 19 January 2009.

Lesa Walton, Care & Development Director of Brookdale

Care, said:

"As Valuing People Now acknowledges, people on the

autistic spectrum are one of those groups that are generally

most excluded. Their inclusion in the strategy is,

therefore, a welcome if overdue step.

"What is required now is a concerted effort by all care

providers, councils and commissioners to ensure that

the strategy is implemented for the benefit and empowerment

of all people with learning disabilities, including

the over half a million people in the UK whose lives are

affected by autism".

Legislation Update

33. No. 21 The Safeguarding Vulnerable

Groups (Prescribed Criteria) (Foreign Offences)

Order (Northern Ireland) 2009

6 February 2009 – OPSI

For full legislation click here

34. No. 139 (C.9) The Mental Health Act 2007

(Commencement No.10 and Transitional Provisions)

Order 2009

4 February 2009 – OPSI

For full legislation click here

35. Health and Social Care (Reform) Act

(Northern Ireland) 2009 c.1

2 February 2009 – OPSI

For full legislation click here

Mental Capacity

Nothing to report

Mental Health

Nothing to report

Miscellaneous

36. NHS boss Lynda Hamlyn angry at organs

for foreigners

8 February 2009—Times Online

A National Health Service hospital has had criticism

from the government’s transplant authority for giving

livers from dead Britons to overseas European Union

patients in private operations. Over 40 procedures using

organs from British donors were carried out on foreigners

at King’s College hospital, London, over two years.

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

life_and_style/health/article5683680.ece

37. Why NICE values some patients' lives

more

5 February 2009 – HSJ

Mike Richards has done a review of what to do about

top-ups and that it seems to reaffirm the line that the

NHS should not subsidise private consumption of

healthcare.

For full report go to http://www.hsj.co.uk/databriefings/2009/02/

why_nice_values_some_patients_lives_more.html?

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38. Interim Chief Executive takes over at CRB

4 February 2009 – CRB

The Criminal Records Bureau (CRB) has announced

that Steve Long has been appointed as its interim chief

executive.

Steve Long said:

“The CRB, together with our partners, have an excellent

track record in helping protect the vulnerable and I am

excited by the opportunity to work with the agency once

again.

“This will be an exciting year for the CRB and I look forward

to meeting with staff and stakeholders in the coming

weeks and months.”

Mr Long has been appointed for a six-month interim

period after previously working for the CRB as Director

of Service Delivery from 2004 to 2007 and replaces

Vince Gaskell, who has joined the Identity and Passport

Service (IPS) as the Executive Director for New Service

Implementation.

For full report click here

39. Applicant Satisfaction Survey

4 February 2009 – CRB

The Criminal Records Bureau has recently commissioned

Ipsos Mori to conduct a satisfaction survey with

members of the public who have applied for a CRB

check in the past. The purpose of the survey is to gather

information about their perceptions of, and level of satisfaction

with, services provided by the CRB.

The survey is not compulsory and if anyone is contacted

by Ipsos MORI they can decline to take part.

For full report click here

40. GP 'no referral' bonuses blasted

4 February 2009 – BBC News

The British Medical Association (BMA) has announced

that schemes that currently pay GPs for not

sending people for hospital care are not in the best

interests of the patient.

Some doctors have struck deals with local health

bosses to cut the number of referrals they make, but

the BMA said that all decisions should be driven by

the needs of the patient.

For full report click here

41. Stamps to combat medics' scrawls

3 February 2009 – BBC News

Medical staff in north Wales are to use name stamps

on patient notes because many signatures are so

badly written they cannot be understood.

Staff working in the North Wales NHS Trust area will

be given the stamps to ensure those who fill in patient

records can be more easily identified.

For full report click here

42. Commitment to disabled people’s human

rights welcomed

3 February 2009 – NCF

The Commission has welcomed the Government's

plans to empower disabled UK citizens to exercise their

rights under the UN Convention on the Rights of Persons

with Disabilities, which the Government has

pledged to ratify by Spring 2009.

The Convention states that disabled people have - and

should be able to enjoy - their human rights on an equal

basis with non-disabled people and sets out the steps

governments are expected to take to make these rights

a reality.

For full report click here

To access the UN Convention on the Rights of Persons with

Disabilities go to http://www.un.org/disabilities/default.asp?

navid=12&pid=150%20?

43. GP and Practice Team Bulletin - Updated

February 2009 – DoH

A bulletin giving monthly updates on health policy and

practice for GPs and the primary care audience, including

practice managers and nurses.

For full report click here

NHS

44. NHS facing £700m negligence bill

6 February 2009 – BBC News

Trusts have set aside £713m to cover costs against

clinical negligence payouts by the NHS in England.

Figures show that such cases are expected to rise by

80% next year.

For full report click here

45. Guidance for Research and Development

Annual Reports 2009: Guidance for completion

of annual reports on the performance

management and future planning of research

and development activity within NHS organisations

4 February 2009 – DWP

Guidance to help organisations write their annual report

and improve data returns.

The submission of an annual report is a contractual

requirement for all recipients of transitional research

and development funding. As 2008-09 is the final

year of transitional research and development funding,

a minimum level of information is required.

For full report click here

46. Independent review of NHS dentistry

3 February 2009 – DoH

An independent team is in place to help improve access

for patients who want to see an NHS dentist.

The team is currently undertaking an extensive review

of NHS dentistry, and are asking for members of

the public to have their say.

For full report click here

47. Department of Health (National)

(DH) NHS ready for PROM date

3 February 2009

New guidance has been published to support collection

of patient reported outcome measures from April 2009 -

Lord Darzi first set out proposals for the routine collection

of Patient Reported Outcome Measures (PROMs)

in his report High Quality Care for All in June last year. It

aims to collect information on the clinical quality of care

as reported by patients themselves.

Patients are requested to answer the same set of questions

on their quality of life before and after an operation.

48. How fake drugs got into the NHS

3 February 2009 – BBC News

Thousands 'have taken fake drugs'

3 February 2009 – BBC News

It was the highest state of alert the government's

medicines watchdog could possibly issue.

Eighteen months ago the Medicines Health products

Regulatory Agency (MHRA) issued four of its Class

One emergency recall notices in a matter of days to

recoup thousands of packs of life saving drugs for

stroke patients, men with prostate cancer and schizophrenics.

Three life saving medicines needed to be recalled:

Casodex, for prostate cancer, Plavix which is used for

strokes and heart conditions and Zyprexa, which controls

the symptoms of schizophrenia.

For full report click here

For full report click here

49. Medics may get work hours choice

2 February 2009 – BBC News

The Government has announced that not all doctors

will have their working week cut to 48 hours in August

as originally planned.

Ministers have opted out from the European Working

Time Directive, which means that the limit will not go

down to 48 hours for another two years.

Doctors will remain able to work up to 52-hours a

week.

For full report click here

Nursing

Nothing to report

Older People

50. Elderly could be left to care for disabled

adult children under Government plans

1 February 2009—Telegraph

Elderly couples could be forced to care for their disabled

adult children as a result of Government plans

to close hundreds of NHS residential homes.

The "care in the community proposals would involve

moving around 10,000 people with serious learning

difficulties and limited mobility so they can live a

more independent life. Plans for the scheme were

proposed by ministers in 2001 and have been followed

up in a series of White and Green Papers that

aim to prevent disabled people from becoming

"institutionalised".

David Congdon, head of campaigns and policy at

Mencap, the disability charity, said: "There's a danger

in the rush to move people out of NHS provision

that you simply make them go anywhere that suits

your plan. "Seriously disabled adults need to have

enough support where they're living. You cannot do

this on the cheap."

The proposals have not been put into law by Parliament,

but health authorities across the country are

preparing to have them in place by March 31 2010.

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

uknews/4422814/Elderly-could-be-left-to-care-for-disabledadult-

children-under-Government-plans.html

51. Independent Review of Older People's

Engagement with Government

3 February 2009 – DWP

This is linking to the Government's response to John

Elbourne's independent review of older people's engagement

with government.

For full report go to http://www.dwp.gov.uk/resourcecentre/

ind_review_older_peoples_eng_with_govt.asp

52. A direct line for older people to shape

Government policy

3 February 2009 – NCF

Rt Hon Rosie Winterton, Minister for Pensions and the

Ageing Society has announced that older people are to

have a bigger say in developing central, regional and

local Government policies.

For full report click here

Parliament

53. Parliamentary Questions and Debate from

the Past Week

The following section is produced in conjunction

with health and social care specialists PLMR –

Political Lobbying & Media Relations –

www.plmr.co.uk

5th February 2009 – House of Commons – Adjournment

debate, which discussed the issues of prejudice

and mental health. The debate, which took place on

Thursday 5th February, was tabled by the Conservative

MP for Broxbourne, Charles Walker. The Minister

of State for Care Services, Phil Hope, spoke on

behalf of the Government. To read this transcript

online click on the following link: http://

www.publications.parliament.uk/

5th February 2009 – House of Commons – Written

Parliamentary Questions and Answers that asked the

Government about infection control standards and the

number of care homes who comply with these standards.

The Written Question was tabled by the

Shadow Health Minister and Conservative MP for

Eddisbury, Stephen O’Brien, and was answered by

the Minister for Care Services, Phil Hope MP. To read

the question and answer online click on the following

link: http://www.publications.parliament.uk/

Social Care

54. Social care provision is reviewed

8 February 2009 – BBC News

Merseyside has started a consultation on providing a

£6m scheme to improve social care provision.

Liverpool City Council said the "Personalisation"

scheme is looking at ways that people could choose

their own home and day care services.

For full report click here

John Baker calls on councils to shore up

providers

Leonard Cheshire's Guy Parckar warns of

effect on disabled people

5 February 2009 – Community Care

John Baker, head of consultancy Deloitte’s social care

team, has warned that the recession could lead to significant

increases in social care charges and drive providers

out of the market.

He also said that some providers were coming under

pressure because they had “borrowed quite heavily

over the past few years” and were now struggling to

refinance loans because of credit's lack of availability.

For full report click here

Thurrock modernises adult social care department

5 February 2009 – NCF

Thurrock Council has been reported to have overhauled

its adult social care department as part of its

implementation of personalisation.

Social workers will be stopped assessing and handling

care management apart from in complex or safeguarding

cases, each of which will be handled by separate

new teams.

For full report click here

Demos launches a Constitution for Social

Care

4 February 2009 – NCF

Demos has partnered with Leonard Cheshire Disability

and the Multiple Sclerosis Society to investigate what

disabled people of working age need from the social

care system and how the future funding of social care

can be designed to meet that need.

For full report click here

Workforce

Nothing to report

Now is the winter of our

discontent?

It’s that time of year again when Councils up and

down the country will be setting their budgets and the

Council Tax. Few would envy them the task given

that we are living in recessionary times with spiralling

government debt and plunging economic confidence.

Local authorities in common with everyone else are

being plagued and assaulted by the economic downturn.

Their returns on investments are low and increasingly

risky just like what is happening to the rest

of us. However in addition to these usual vicissitudes

of economic life Councils have additional concerns

to trouble them.

The government set out a 3 year settlement for local

government – and we are about to enter year 2. Just

imagine all those assumptions made about economic

performance and revenue streams in the heady days

of 2007 when planning the 2008-9, 2009-10 and

2010-11 settlements! Councils are seeing their fee

incomes from things like planning applications fall by,

in some cases 50% or more. We all know Councils

are not that light on their feet when it comes to letting

staff go. In any event would they let go of experienced

planning officers now and lose years of experience

in an important rarefied field when we all

reasonably expect there to be an upturn in economic

activity sometime soonish, we all hope? So these

losses of fees really hurt.

We need to add to this heady mix additional cost and

uncertainties associated with underfunded superannuation

liabilities and in some cases toxic debt or

credit crunch problems such as money stuck in an

Icelandic Bank. And then there is the fact that we

are dealing with the public sector and the need to

demonstrate financial prudence to a level which the

private sector doesn’t have to. Did you know, for example,

that a local authority has to be able to satisfy

its auditors that it has sufficient reserves? Inevitably

that prudent provisioning necessarily increases the

conservatism in budget requiring more money in and

paying less money out. Is now the time for such conservatism

– probably yes – but then we will all be

paying for it.

Then there are the political dimensions. Her Majesty’s

Government has, over recent years, been very

fond of passing responsibilities on to local government

expecting them to meet the latest headline

grabbing obligation out of their efficiency savings.

One of the more recent examples of this is the suggestion

that local authorities provide free swimming

opportunities to everyone – including the under 60s.

There is government money available to assist local

authorities do this – however not enough to meet the

costs and liabilities of running the service. So any

local authority that provides this service for its populace

will be out of pocket. Another costly example

from recent years was the introduction of countrywide

free travel for pensioners. It is local authorities

that have to meet this bill fulfilling a government diktat

– but, in some cases, without being fully funded for

doing so.

Then we have the political parties fighting over Council

Tax rises – or preferably as many politicians would

prefer no rise at all. But we all remember inflation

peaked at around 5% not so long ago even if we are

looking at inflation being close to zero for a while to

come.

So, you are probably thinking why is Dawson delivering

an essay on the difficulties of local government

budget setting? Well it is to point out that Adult Social

Care and Children’s Care budgets are not immune

from these economic pressures and, of course the

government’s understandable desire to drive down

the cost of providing such care. In most County and

Unitary authorities Adult Social Care is the biggest

“single ticket item” with Children’s Services often being

the next. These two major services can command

around 50% of a Council’s revenue budget – so

inevitably when it comes to cost cutting and efficiency

savings these items have to be scrutinised.

As a firm we receive many requests for assistance

from clients undergoing service user reviews which

appear to be conducted in bad faith and contrary to

everything that the personalisation agenda was

meant to achieve. In some cases service users

whose condition is deteriorating and thus in need of

greater care are being assessed as needing less assistance.

Local authorities do seem to expect cross

subsidies from service user to service user. In some

cases the officers appear not to have read the terms

of the contracts they imposed when it comes to reviewing

rates!

Andrew Dawson

I have to say I expect this sort of complaint to become

more frequent as local authorities look to save

cash. Now is the winter of our discontent – but I

don’t see a glorious summer ahead of us – just continuing

belt tightening and angst.

To discuss anything arising from this article or

any of the matters touched upon contact Andrew

Dawson at andrew.dawson@brunswicks.eu or

telephone him on 0870 766 9281

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