Editorial
From time-to-time we are consulted by clients who have, for a variety of reasons, failed to comply with the stringent recruitment requirements imposed by regulation of care settings.
This invariably results in difficulties of one kind and another – from appointing an inappropriate person to the workforce to a prosecution by the regulator for failing to comply with the relevant regulation.
Bichard drew attention to the need to undertake rigorous vetting before appointing to a post.
The tension between leaving a vacancy, perhaps a vital post, unfilled or alternatively do you appoint prior to
completion of all the checks has been highlighted in another area – policing – see the article in this issue.
The answer to me is clear.
Leave the post unfilled.
If you ignore the rules once, human nature means that there is a tendency to do so again. Safeguarding is a business critical issue; it is a reputational critical issue. Better to take staff from an agency, albeit at a =heavy‘ cost.
Any other course of action is potentially catastrophic.
If you have discovered that your business has not always stuck to the rules, or worse, if you face an investigation or
possibly a prosecution as a result of deficiencies in your recruitment processes get in touch. There are things that Brunswicks can do to help you.
This week we also heard that local authorities often now so short of staff that they are seeking to persuade retired social workers to come out of retirement and return to roles
In social services. Unless the pay is good I don‘t imagine they will.
Parliament
27.02.09 – HoC – Second Reading, Autism Bill which aims to ensure the better provision of information and numbers of people with autism and improvement of local planning and delivery of services.
04.03.09 – HoL - Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 Consideration in Grand Committee [Baroness Thornton] 3rd Report from the Joint Committee on Statutory Instruments
06.03.09 – HoC – Second Reading, Presumption of Death Bill
Learning Disability Week 2009
The Changing Places campaign will be this year's theme.
Learning Disability Week is a national awareness week run by
Mencap. This year it will take place from Monday 22 to Sunday 28 June, with the theme of the Changing Places campaign.
Mencap, together with the Changing Places Consortium, is campaigning for fully accessible toilets – with a hoist, changing bench and plenty of space – to be installed in all big public places, including shopping centres, arts venues and hospitals.
Without access to Changing Places toilets, carers are often forced to change family members with profound and multiple learning disabilities on a dirty toilet floor. If they don't, they can only go out for a short time or not at all.
You can start supporting the week now by:
? sending us real-life stories of how Changing Places toilets change lives – this is really important to get people interested in the campaign
? ordering a Learning Disability Week pack - these will be available from May, but can be ordered now
? setting a date for a local event.
To get in touch email ldw@mencap.org.uk or call 020 7696 6952.
Find out more about Learning Disability Week and how you can get involved.
Find out more about the Changing Places campaign.
Find your nearest Changing Places toilet.
Abuse/Dignity
1. Renfrewshire report on abuse of the elderly
28 February 2009 news.stv.tv
Renfrewshire's Adult Protection Committee (RAPC) has issued a profile of the people most likely to com-mit financial abuse against elderly people.
The move comes after the charity Action on Elder Abuse (AEA) revealed property and cash worth nearly £8 million, including 31 homes, had been stolen from UK pensioners in just one year based on 471 calls to AEA‘s helpline.
The elderly are most likely to suffer from financial abuse by their son or daughter, who is aged between 41 and 60, and no longer lives at home.
Tim Huntingford, chair of RAPC, said: "Research indicates that there could be over 1,000 elderly peo-ple in Renfrewshire who may be being abused in one way or another."
"The abuse is not just financial. It is neglect. It is physical, emotional and sexual. But elderly people aren't the only adults who face abuse. It also affects adults with learning disabilities, physical disabilities and mental health issues."
2. Police support officer was able to join force despite disclosing child sex claim
27 February 2009 The Times
A suspected child sex attacker was recruited as a police support officer despite knowledge of the infor-mation; he is now accused of indecent assault on a female officer.
3. Abuse conference to be held
26 February 2009 Hounslow Guardian
The prevention of neglect and abuse of vulnerable people in Hounslow is to be the subject of a council conference on 05.03.09 between 10:00 and 13:00 hrs to mark Hounslow Adult Awareness Week.
Councillor Pamela Fisher, lead member for adult social services and health, said: "Adult abuse, in what-ever form, is deplorable. We hope people will come along and find out how to spot signs of adult abuse, and how they can protect themselves from becoming a victim."
Other activities taking place during the week. The protection of vulnerable adults is one of the key ob-jectives of the Hounslow Plan-the council's four year vision of development and improvement for this bor-ough.
To book a place at the conference or to share your concern about a suspected abuse case call Houn-slow's Safeguarding Adults Coordinators on 020 8583 4515.
4. Adults' fear of reporting 'encourages child neglect'
25 February 2009 guardian.co.uk
Over a third of adults who suspected child neglect remained silent about it, according to survey
Child neglect is being allowed to persist across Brit-ain because 38% of adults are afraid to report con-cerns about what is going on in their neighbourhood, a poll for the charity Action for Children re-vealed. The poll was conducted by academics from Salford University.
Business News
5. The UK‘s 100 best small companies to work for
01 March 2009 The Sunday Times
There is only one care related company mentioned in this list:
Castleoak Care home construction, headquartered in Cardiff. Sales are over £58m.
6. Hospital firm eyes sell-off
01 March 2009 The Sunday Times
Nuffield Health is reported to be considering selling assets, including Vanguard, its mobile operating thea-tre business.
Nuffield says there are no problems with its borrow-ings.
7. U.S. home care franchise heads for UK to offer hundreds of jobs.
Looking for master franchisee.
One of the fastest growing home care companies in the U.S. is planning to
launch a franchise operation in the UK - with potentially hundreds of jobs
on offer over the next three years.
Right At Home says the U.K. is an ideal candidate for the company‘s compassionate attitude towards car-ing and the company is now looking for a master franchise operator before expanding nationwide. Right At Home is considered to be a model care company, with standards of service envied by others. The company‘s President, Allen Hager, says that while working in hospital administration he personally witnessed the anguish that clients and families experience whilst trying to arrange safe, appropriate care for ageing or disabled loved ones.
The company was founded in the early 1990s, after hospital administrator Hager took a $7 dollar an hour job as a nursing assistant to understand how care services could be delivered more effectively from the patient‘s point of view. Today, the company‘s franchises across America provide thousands of home care assistants to those needing help in their home, and temporary workers to healthcare organisations. Care givers are trained by the company‘s own university.
Said Hager: ?The need for senior home care services in the UK are similar to those in the US and are set to mushroom beyond what anything the state can offer. There is a growing demand for safe, well-managed, in-home care and assistance for our senior citizens who don’t need a nursing home, but do need assistance with the everyday activities of living.”
Iain Martin of The International Franchise Centre, which is acting as agents for
RAH in the UK, said the company would expect an investment of around
£300,000 in the master franchise for the UK.
Right At Home can be found on www.rightathome.net and their UK agents,
International Franchise Centre, can be contacted on 08704 586682.
8. August Equity‘s Enara completes
acquisitions in Kent
26 February 2009
August Equity LLP announced that its portfolio company Enara Group Limited has acquired County Care
Limited and five of the six businesses from The Home Service group. County Care, established in 1995, is a privately owned elderly home care provider, based in Tunbridge Wells, Kent. County Care provides high quality home care to the elderly in the private pay and local authority markets. Home Service, established in 1989, is one of the largest providers of home care services in Kent with branches in Folkestone, Canterbury, Ramsgate and Deal. Home Service provides support to older people and adults with physical or learning difficulties, neurological or terminal illnesses and those with mental health problems. Commenting on the acquisitions, Aatif Hassan of Au-gust Equity, said: “The acquisitions allow Enara to expand their geographical reach with entry into the Kent market. Since the initial investment Enara has announced six bolt-on acquisitions”. August Equity announced the £20 million Enara buy-and-build in November 2008 with the initial buy-out of Enara Limited and the simultaneous acquisition of First Call Care Services Limited.
August Equity has again been shortlisted as Investor of the Year at the HealthInvestor Awards, an award the team won last year. Award winners will be an-nounced on 3 June 2009.
9. CRAEGMOOR UNVEILS EXPERT TEAM OF QUALITY DEVELOPMENT ADVISORS TO SHAPE FUTURE PROCESSES AND
POLICIES
“Committed To Investing In and Developing Quality” Says Craegmoor
25 February 2009
Craegmoor Healthcare, a leading provider of specialist support to people with learning disabilities, mental health illnesses and other needs, reaffirmed its commitment to leading the way within the care and sup-port sector by announcing the formation of a new six-strong team of experts to ensure the continuous shaping of the company‘s quality development policies and procedures, headed by a new appointment to Craegmoor‘s Senior Management Team.
Craegmoor is aiming to ensure that the services it provides are of the highest possible quality and that it has developed the internal structures necessary to meet this aim.
To facilitate this, Craegmoor has invested consider-able finances in gathering a team of leading sector professionals together to shape its quality processes and policies to ensure continual improvement and provide best practice and outcomes for all the people who use its services.
This team of experts – known as Development Advisors – will play a key role in researching new initiatives, developing best practice tools in line with Government guidelines, networking with academic agencies, whilst at the same time engaging with both Craegmoor staff and the people who use Craegmoor‘s services. The Advisors are specialists in Sup-ported Living & Domiciliary Care; Learning
Living & Domiciliary Care; Learning Disability; Autism; Mental Health; Secure Hospital settings; Be-haviour; and Communication & Engagement.
The team is to be led by Craegmoor‘s former Risk Manager and Health & Safety Advisor, Mary Horner. Mary has been appointed to the newly created role of Director of Quality Development and is part of the senior management team.
Mary Horner, Craegmoor‘s Director of Quality Development, said:
“I am very excited and very proud to be leading this fantastic new team of experts in their respective fields. At Craegmoor we listen to and involve each individual in our support and care services, as no one guides and influences us better. I am proud to be part of an organisation that is committed to deliver the best possible outcomes for those who use our services and is firmly focused on continuous quality improvement. I look forward to the contribution that my team and I can make to that endeavour.”
Ted Smith, Craegmoor‘s Chief Executive Officer, said:
“At Craegmoor no one guides and influences us better than those we support. We are fully committed to continuous quality improvement and the development of our staff. We aim to deliver the best possible outcomes for those who use our services, whilst promoting everyone’s health, well-being and safety.”
10. Refinancing provides respite at Southern Cross
23 February 2009 Financial Times
Jamie Buchan, chief executive of Southern Cross Healthcare since January 2009, and Richard Midmer, the company's recently appointed finance director, worked together 20 years ago at Exxon.
As recently as 2004, Southern Cross had only 160 homes (now 735 with 37,000 beds) growth was fu-elled during the property boom by buying homes, selling on the freeholds and staying on to operate the homes as leaseholders. However, as the market soured last year, the company could not offload some of its purchases.
On news of the covenant waiver, nervous investors rushed for the door, wiping 80 per cent off the shares' value in a month. Now the company can breathe easier following the completion of a £166m refinancing of its debt in November, removing the meltdown scenario that investors had priced into its shares.
The pair are now turning their attention to a review of the business and properly digesting the group's ac-quisitions by tweaking the estate to make sure each home is offering the right mix of care, whether it be in nursing, dementia or daycare, so as to best suit each local market.
11. South-East Asia must clamp down on fake drugs‘
23 February 2009 The Times
CEO of GlaxoSmithKline, Andrew Witty, says more needs to be done to punish those involved in producing and selling fake treatments – a $10,000 fine is not adequate. The profits are greater than dealing in narcotics and the penalties less severe.
Care Homes
12. Thousands of care homes face £50,000 fine over failure to reach basic standard
28 February 2009 – Times Online
One in five residential care homes in England does not meet national minimum standards and could face fines of up to £50,000 when a new regulator takes over this year, the industry has been warned.
13. Heating was off for ten days at the care home where 8 residents died
26 February 2009 Daily Mail
Half of the service users in Crown Nursing Home, Harwell, Didcot, owned by Southern Cross died of chest related illness‘ over the two weeks following the failure of the central heating system at the home on Boxing Day.
Case Reports
14. R (Purdy) v Director of Public Prosecutions
Formal case report of the Court of Appeal decision in this case concerning the application by Debbie Purdy for access to the DPP guidance as to the circumstances when individuals would/would not be prosecuted for assisting another person to commit suicide. Access was denied by the DPP; a decision upheld by the Court.
Law Reports
Nothing to report
Disciplinary cases
Nothing to report
Cases in the news
15. HSE warning follows hospital fall
25 February 2009
The Health and Safety Executive (HSE) reminded hospitals and other care providers to ensure the safety of their patients, especially from the dangers of open windows.
The warning follows the prosecution by HSE of Sheffield Teaching Hospitals NHS Foundation Trust after an incident at the Northern General Hospital in Sheffield, when a young man was severely injured after falling from a third floor window.
Sheffield Teaching Hospitals NHS Foundation Trust (formerly Sheffield Teaching Hospitals NHS Trust) was fined £18,000 plus costs of £15,399.05 at Sheffield Magistrates' Court today, after pleading guilty to breaching Section 3(1) of the Health and Safety at Work etc Act 1974.
On 28 May 2004 the young man, a patient on Ward Firth 6 at the Northern General Hospital, was found to have fallen almost 12 metres to the ground from a window that had been fitted with a device intended to limit its opening to no more than 10cm which, be-cause it was poorly maintained, did not restrict the window adequately. The patient survived the fall but suffered a number of fractures and serious internal injuries.
Ed. Section 3(1) of the Health and Safety at Work
etc Act 1974 states: "It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby were not thereby exposed to risks to their health or safety."
16. You cannot outsource your responsibilities HSE warns after the prosecution of a health and safety consultant
24 February 2009
The Health and Safety Executive's (HSE) prosecution of a health and safety consultant appointed to advise a quarry company has prompted a call for employers to take care in their selection of and use of health and safety advisers.
Health and safety consultant Richard Atterby of York was on 24.02.09 fined £1,000 and ordered to pay costs of £700, having pleaded guilty in a hearing at Bradford Magistrates' Court of an offence under Section 36(1) of the Health & Safety at Work etc Act 1974 relating to his failure to make a suitable assessment to the risk to health of employees from a substance hazardous to their health.
The court also heard that an offence committed by his client, George Farrar (Quarries) Ltd of Keighley was due to the poor quality of his advice. A number of charges against George Farrar (Quarries) Ltd arose from an incident investigation and site inspection carried out by the HSE. The incident involved a stonemason, who fell over three metres from the side of a tipper truck that was being loaded with waste stone, breaking both heels. However, the investigating Inspector also noted inadequate controls to protect the health of employees at risk of inhaling stone dust.
At a hearing in Bradford Magistrates' Court on 07.01.08 George Farrar (Quarries) Ltd pleaded guilty to three charges under Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999, Regulation 6(2) of the Work at Height Regulations 2005, and Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002, and was fined £3,000 on each of these
charges plus HSE costs of £4,532, and an order for compensation of £3,000 was made in favour of the injured worker.
Richard Atterby had provided health and safety services to George Farrar (Quarries) Ltd for over three years. His work involved carrying out risk assessments on behalf of his client. The court heard that the failure of George Farrar (Quarries) Ltd to make a suitable and sufficient assessment of the risk to the health of their employees from exposure to respirable crystalline silica, arising from the processing of sandstone, was the poor quality of Mr Atterby's advice.
Ed. I know that a number of care providers have engaged third party consultants to help and advise manage the health and safety risks within the business. This case is a reminder that if there is a cock-up by the consultant, or if he is not up to the job – it provides the company with no defence.
Section 36(1) of the Health & Safety at Work etc Act 1974 states: "Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person."
Regulation 7(1) of the Control of Substances Hazardous to Health Regulations 2002 states: "An employer shall not carry out any work which is liable to expose any employees to any substance hazardous to health unless he has -
(a) made a suitable and sufficient assessment of the risk
created by that work to the health of those employees band of the steps that need to be taken to meet the requirements of these Regulations: and
(b) Implemented the steps referred to in sub-paragraph (a)"
3. Regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 relates to: "failure to made
suitable and sufficient assessment of the risks to the health and safety of employees..."
Regulation 6(2) of the Work at Height Regulations 2005 relates to: "failure to ensure that work at height...was not carried out at height where it was reasonably practicable to carry out the work safety otherwise than at height..."
Children
Age of criminality to be raised to 12
See item 38 under Scotland
17. Child cold drugs under scrutiny
1 March 2009 - BBC
A review by the Medicines and Healthcare products Regulatory Agency (MHRA) found "no robust evi-dence" that many popular cough and cold medicines work in children, 36 of which should no longer be sold to children under the age of six. In very rare cases the MHRA said that some of the medicines can cause allergic reactions and hallucinations.
18. Moray child care action approved
25 February 2009 - BBC
A draft action plan to address child protection short-comings identified by Government inspectors has been approved by Moray councillors.
19. Child neglect 'going unreported'
25 February 2009 - BBC
A poll suggests that a quarter of adults in the UK have worried that a child they know may be neglected, but over a third did not act on their concerns.
To read the full report go to this address
http://news.bbc.co.uk/1/hi/uk/7908928.stm
20. Children in care want more frequent contact with social workers
25 February 2009
Social workers should visit children and young people living away from home at least once a month. That is the strong message children in care are giving to the Government in a unique report that will help shape new regulations under the Children and Young Per-sons Act 2008.
The report, Future Rules‘, published by the Children's Rights Director for England, is the outcome of a national conference, where 136 young people in care and care leavers gave their views on a range of subjects relating to regulations that will affect their future.
The report shows that over two thirds of young people with direct experience of the system think children in care and those living for more than three months at a time in a school, clinic, hospital or care home for adults, should be visited by someone from the council every month.
The new government regulations will need to say how often every child in care must be visited by someone from the council to make sure they are being looked after well.
Dr Roger Morgan, Children's Rights Director for Eng-land, said: "This is an important report, as it's the first time we have been able to give children in care the chance to advise the government directly on what should go into a set of brand new statutory Regulations. Ultimately it's these children that the Regulations will affect the most.
"What we've found is young people giving extremely pertinent and sound advice, and a strong message that their safety and happiness should be a major priority. Where decisions are being made about their welfare, young people want their views considered first, regularly and away from their home environment and carers so they can talk freely."
The new Children and Young Persons Act says that a council has to place a child within its own council area if it can. When questioned about this, three-quarters of young people surveyed said that new regulations should say it is ok to move a child away from the council's own area if the child is deemed to be in danger.
71% of young people said that if a child needs an in-dependent adviser to 'visit, befriend or advise' other than a social worker, they should be someone who has been in care themselves. New government regu-lations will need to say what type of person this independent visitor should be.
Young people also gave their views on new regulations for what social workers must do when they visit a child in care. They said that social workers must listen to the child first and foremost, visit and call the child regularly, talk to the child in private away from their home and their carers, and make an extra visit if the child is having particular problems.
Young people also said that regulations should say that before a child is placed back into care with their parents, social workers should check that it is safe for the child, that the parents can look after the child properly and that everyone affected is happy with the arrangements.
The report, =Future Rules‘ is published in hard copy and on the Ofsted website, http://www.ofsted.gov.uk and on the Office of the Children's Rights Director website http://www.rights4me.org
21. Children out late 'unacceptable'
22 February 2009 - BBC
On 20.02.09 police picked up and returned home 120 youngsters from 27 council areas. Home Secretary Jacqui Smith says it is unacceptable for parents not to know what their children are up to at night. Operation Staysafe is intended to stop children becoming victims of crime or being drawn into criminal behaviour.
22. Former care worker had child porn
24 February 2009—BBC
Norman Moyes, 36 was already on probation for performing a sex act in front of a 14-year-old girl on the internet when police found the nearly 300 indecent images of children on his computer. Moyes will be sentenced in April.
Conferences & Courses
To follow next week
Consultations
23. 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 Care Forum Wales has
been invited by the Welsh Assembly to be involved in the process.
For full consultation go to www.payingforcareinwales.net
Ed. This mirrors the exercise by Department of Health which began in June 2008 ahead of the forthcoming Green Paper
24. 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,
25. Learning Disability Employment
Strategy: Call for evidence (HTML
format)
Deadline date:
11 March 2009
Summary:
This call for evidence seeks views to inform the learning disability employment strategy to significantly in-crease employment opportunities for people with a learning disability.
26. 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
27. 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
28. 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
29. 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
30. Fairer Contributions Guidance: A consultation on the extension and revision of the statutory guidance for charging for non-residential 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
31. NICE: Current consultations
To browse through consultations go to http://
www.nice.org.uk/page.aspx? =consultations.current
CSCI/Care Quality Commission, CSSIW, Healthcare Commission & Scottish Care Commission
32. The state of social care in England 2007-08
27 February 2009 – CSCI
Progress on personalised care is patchy. Despite
improvements, most people still experience a ‘one-size-fits-all‘ model of care that is not geared towards their individual needs.
To read the full report, go to this address
http://www.csci.org.uk/about_us/publications/state_of_social_care_08.aspx
33. Supporting disabled parents: A family or a fragmented approach?
24 February 2009 – CSCI
A report found that many councils do not fully support disabled parents and their children.
To read the full report, go to this address
http://www.csci.org.uk/about_us/publications/supporting_disabled_parents.aspx
Dementia
34. Dementia patients seek more aid
28 February 2009 – BBC
The dementia charity says the current system of pay-ing for care for people with dementia is a "confusing mess".
To read the full article, go to this address
http://news.bbc.co.uk/1/hi/business/7915389.stm
35. New care homes schemes to drive innovation in approach to dementia
27 February 2009
Dementia projects with innovative approaches to improving the lives of care home residents have been awarded funding by the Mental Health Foundation as part of the charity‘s Home Improvements scheme. The Government‘s recent dementia strategy called for an increased focus on dementia care in care homes, where two out of three residents have a form of the disease.
Currently, many care homes provide little appropriate support for people with dementia. It is estimated that over 100 000 people a year are inappropriately pre-scribed anti-psychotic medication to control their behaviour, and three-quarters of care home residents in one study complained of not having enough daytime activities. The Home Improvements scheme will seek to demonstrate that effective interventions and quality services for people with dementia in care homes are possible.
The projects, in Blackpool, Yorkshire, Norfolk and Oxfordshire each focus on a different aspect of resi-dential care that could be improved. Once evaluated, the schemes‘ successes will be shared to ensure they can be adopted across the country.
Norfolk County Council will use a £20,000 grant to help families and friends of residents to become more involved with their care homes.
South West Yorkshire NHS Mental Health Trust will develop a multimedia toolkit for the use of life stories in dementia care using a £15,000 grant
Blackpool Council will involve care home residents in setting local standards of care using a £6,740 grant
Age Concern Oxfordshire have received £21,757 to provide information and training on the needs and issues of Lesbian, Gay, Bisexual and Transgendered residents.
Toby Williamson, Associate Head of Service Improvement & Workforce Development at the Mental Health Foundation, said:
“Dementia costs the UK £17 billion and 60,000 lives a year. Yet as these figures rise many care homes
are closing and still more are unable to provide specialist care. We need to make sure that care homes are fully engaged with and supported to meet the challenge of giving their residents the best quality of life possible. Home Improvements is an exciting opportunity to show what can be done for people with dementia.”
36. Dementia strategy
26 February 2009 The Times, Letters to the Editor
Joanne Knowles of small charity Cognitive Help and Therapy (CHAT) asks how the £150 million pledged to the National Dementia Strategy will be made avail-able.
37. Long hours link to dementia risk
25 February 2009 – BBC
A Finnish-led study based on the analysis of 2,214 middle aged British civil servants found that those working more than 55 hours per week had poorer mental skills than those who worked a standard work-ing week. Long working hours may raise the risk of mental decline and possibly dementia.
Ireland, Scotland & Wales
Ireland
Nothing to report
Scotland
People to design own home
See item … under Older People
Social services success studied
See item … under Social Care
Council's social services praised
See item … under Social Care
38. Age of criminality to be raised to 12
1 March 2009 – Times Online
The age at which children can be held criminally responsible is to be raised from eight to 12, bringing Scotland in line with other European countries.
Wales
Nothing to report
Learning Disabilities
Nothing to report
Legislation Update
Nothing to report
Mental Capacity
39. Capacity Act (Deprivation of Liberty: Monitoring and Reporting; and Assess-ments - Amendment) Regulations 2009 - response to the consultation
This is the post-consultation report on the consultation paper - Mental Capacity Act 2005 Deprivation of Liberty Standards: consultation on the Mental Capacity (Capacity Act 2005 Deprivation of Liberty: Moni-toring and Reporting) and (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence (Amendment) Regulations 2009 Safe-guards which was published on 19 December 2008
http://www.dh.gov.uk/en/Consultations/Responsestoconsultations/DH_095178
Mental Health
Long hours link to dementia risk
See item 37 under Dementia
40. War hero accuses Government of neglecting soldiers
28 February 2009 The Times
Cpl. Johnson Beharry VC complains that the treatment of soldiers suffering mental trauma are treated disgracefully by having to use the NHS – he wants specific services for returning members of the armed forces.
41. Dogs to help children with autism
23 February 2009 - BBC
A pilot project has been set up by Dogs for the Disabled, along with the National Autistic Society to aid the development of autistic children‘s confidence in the outside world. The scheme has seen encouraging results‘.
42. Care Services Minister sees Dignity in Care in action at Birmingham's Barberry centre
23 February 2009
Care Services Minister Phil Hope saw how the Barberry Centre in Birmingham puts dignity in care into action when he visited it as part of a nationwide push to raise standards of care.
Phil Hope was in the West Midlands to promote the 'Dignity in Care‘campaign to ensure that people us-ing care services are treated with dignity and respect at all times. He will visited the Barberry Centre in Birmingham to tour the mental health facilities and meet the staff who put dignity and respect at the very heart of what they do.
Dignity Ambassador Sir Michael Parkinson said:
"Most of us will at some point be in contact with care services - be that in our work, or as a service user, a carer or a relative or friend. I would encourage everyone to help drive up care standards, whether that be by reporting poor care if we see it, or if we witness someone going that extra mile we should take the time to show our appreciation.
"The People's Award for Dignity in Care is a great way to recognise the dedication of health and care staff to treating people with the dignity and respect they deserve."
For further details or to sign up to become a dignity champion see http://www.dignityincare.org.uk
High quality care services that respect people's dignity should:
1. Have a zero tolerance of all forms of abuse
2. Support people with the same respect you would want for yourself or a member of your family
3. Treat each person as an individual by offering a personalised service
4. Enable people to maintain the maximum possible level of independence, choice and control
5. Listen and support people to express their needs and wants
6. Respect people's right to privacy
7. Ensure people feel able to complain without fear of retribution
8. Engage with family members and carers as care partners
9. Assist people to maintain confidence and a positive self esteem
10. Act to alleviate people's loneliness and isolation
Miscellaneous
43. Thousands of us pay more than £100 each year for health screening. Are we falling for a scan too far?
Dr Max Pemberton, 29, submits himself to a health screening by Life Line Screening and presents what he gets to Prof Sir Nicholas Ward, specialist in preventative medicine at Barts and the London School of Medicine and Dentistry – his opinion, the tests carried out provide little information, nothing about what to do if a test is not within normal range‘. Testing is carried out without the presence of doctors or nurses.
44. Ivan‘s short life gave David and
Samantha more than his death could ever take away
01 March 2009
Dylan Jones, Editor of GQ, spent months with Tory Part leader, David Cameron, and writes of the devo-tion that Samantha and David Cameron lavished on their disabled son, Ivan, during his short life.
45. Vulnerable people in the West Mid-lands benefit from award-winning service as local home improvement agency wins national recognition
27 February 2009
Orbit Care & Repair Coventry, a local organisation that helps older, disabled and vulnerable people to make repairs and adaptations to their homes, has won a prestigious national award for the quality of its services.
Anchor Staying Put Sefton won the award for success in sustaining and developing new services. The agency's most recent enterprise has been the provision of a Disability Resource Centre.
Ed. Similar awards have been made to other organisations across the country.
46. AUTISM CARE PROVIDER HERALDS AUTISM BILL CAMPAIGN & COMMITMENTS MADE BY GOVERN-MENT
27 February 2009
Brookdale Care, a specialist provider of care ser-vices for people living with Autistic Spectrum Disorders (ASD), applauded the Second Reading in the House of Commons of Cheryl Gillan MP‘s Autism Bill. The Bill will now go to Committee Stage to be scrutinised by MPs in the next leg of its journey to become law.
As part of its support for the Bill, Brookdale Care wrote to the constituency MPs for the locations in which it operates and members of the All Party Parliamentary Group on Autism, as well as MPs who had signed Early Day Motions related to autism and MPs who had written about autism and associated Spectrum Disorders in recent months, urging them to
support the Bill at its second reading.
Lesa Walton, Care & Development Director of Brook-dale Care, said:
“Today’s vote by MPs is a really positive show of sup-port for the half million plus people in the UK who are affected by autism.
“Alongside the vote in the Commons the Minister Phil Hope MP made some very important commitments
on new statutory guidance for authorities on children with autism, robust data collection systems, commis-sioning guidance for Primary Care Trusts and Local Authorities and the new consultation on a strategy for adults with autism.
“Brookdale Care actively promotes independent living for people with ASD, has championed the importance of overcoming transition challenges when people with ASD move from child to adult services, and invests heavily in staff training. As such, the company is de-lighted by today’s vote and applauds Cheryl Gillan once again for her decision to sponsor the Bill. We also think the NAS has done a wonderful job”.
47. Switzerland has the medical bills covered
27 February 2009 The Times
Prof. Regina E Herzlinger of Harvard Business School writes about how the UK and USA could benefit from the Swiss system of healthcare – she says that the system should be switched from subsidising the institutions to one which substitutes patients. She does not suggest that Switzerland has got everything right‘, far from it. However, she does say that a smaller amount of GDP is tied up in the provision of healthcare and there is greater value for money.
48. Get more out of life in Nottingham with a job in social care
27 February 2009
When looking for job satisfaction and a chance to make a real difference, one might be looking for work in social care, says the Department of Health, which will be running a series of recruitment events with Nottinghamshire County Council and local employers at The Victoria Centre from 3rd to 5th March, and the Broadmarsh Centre from 6th to 8th March.
There will be many jobs available all week. Residents will be able to discuss the social care positions avail-able with representatives from Nottinghamshire County Council and local employers. There will also be the opportunity to speak to those working in the social care sector to gain a real life insight into the rewards and benefits of caring for others.
Candidates do not need specific qualifications and will be offered all the training needed to get them started.
For further information about social work career opportunities in your area, attend your local events or visit http://www.socialcarecareers.co.uk/
49. Why is this caring agency closing?
26 February 2009 St Helens Star – letters
A writer raises the issue of the withdrawal of Personal Support Services, a charity, from supporting people in the St. Helens area because St. Helens Borough Council has withdrawn is grant from the charity.
50. Individual budgets can benefit carers, research shows
26 February 2009
Individual budgets can greatly improve carers' quality of life when compared with carers of people using conventional social services, new independent research has shown 'The Individual Budgets Pilot Pro-jects: Impacts and Outcomes for Carers'. They can allow carers more control and flexibility in their daily routines, and some carers said individual budgets also improved quality of life for the person they were looking after.
Individual budgets are an alternative way of paying for social care. Instead of local authorities buying services on behalf of an individual, that person is given control of their own budget and can direct how it is spent, allowing the care package to be tailored to their needs.
The research found that:
* Carers are more able to "engage in activities of their choice.
* IBs for service users may be cost effective for carers.
* Carers identified the benefits of IBs as including greater flexibility, choice and control. This positively affected how they spent their time, and improved the quality of life of the service user.
Further conclusions were greater opportunities for carers to help plan support for the people they care for under IBs than in conventional services. Carers of older people in particular were found to benefit in this way when the people they cared for had an IB.
However, the research also highlighted that the assessment process for service users' individual budgets can sometimes overlook the needs of carers. Local authority officers also had mixed views about paying carers from a person's individual budget.
Care Services Minister Phil Hope said:
"The six million carers in the UK are unsung heroes of our society. They are living proof that Britain is far from broken, and we must do everything we can to help them. Today's report is very encouraging. It
shows that individual budgets can bring carers out of the shadows, improve their well-being and give them more control over their lives.
"Local authorities need to remember that when they assess someone for an individual budget, their carer's needs must be taken into account.”
"I appreciate the mixed views and worries that exist on the issue of paying carers from individual budgets.
For some people, employing close relatives might be a good solution, for others less so. Councils will need to take decisions based on the best possible advice.
"Based on the research I've seen and the opinions of services users, carers and councils, I know that lives improved beyond all recognition when their loved one got choice and control over their own care. What is clear is that individual budgets can transform lives for the better.
“Carers have told me that their individual budgets need to be carefully implemented. This research, combined with the excellent report from The Princess Royal Trust for Carers and Crossroads Caring for Carers, will help local authorities to help more people and carers experience the benefits of individual budgets."
Hazel Hyde, whose husband Geoff has Alzheimer's and uses an individual budget, said:
"Because I can have so much help - because of Geoff's individual budget - it means that my stress levels are lower and I can keep well enough to keep looking after him."
"It used to upset me that there were so many things I couldn't do. It upset me and if I was upset, then Geoff was. The individual budget pays off because it means that both of us are happier."
The reports can be found at: http://www.york.ac.uk/spru and http://www.pssru.ac.uk
51. Taking the long view
25 February 2009 Society Guardian
Lord Sutherland, the chair of the Royal Commission on long-term care, tells David Brindle why, a decade after his report was published, despite criticism from all sides, he stands by his unrealistic recommenda-tions.
52. IMPROVED CARE FOR YOUNG, VULNERABLE WITNESSES
25 February 2009 UK Policing e-briefing
Plans to give young, vulnerable witnesses better sup-port and encourage more witnesses to come forward with evidence of crimes have been published by Justice Minister Maria Eagle.
53. Disabled presenter scares children‘
24 February 2009 The Independent
Cerrie Burnell, 29, a presenter or CBeebies, who was born with the lower part of her right arm missing has become the subject of a great deal of comment and criticism as it is said that her missing limb is scary to young children the channel‘s target audience.
Ed. It must be right for society to welcome the visibility of disabled people in the media; children are inquisitive and answering questions should dispel any fear. Perhaps, some children are viewing TV as a solitary activity without the presence and engagement of their parents.
54. We need the money but we also want an apology
Victims of tainted blood scandal deserve higher damages, inquiry finds after years of delay, there is no more wriggle room left: just pay up
24 February 2009 The Times
Two pages on the report of the Report of Lord Archer of Sandwell, and the recommendations, into the use of contaminated blood products which affected thousands of haemophiliacs, many of whom have been killed by the diseases contracted from the blood products.
NHS
55. Team Ivan
28 February 2009 Daily Mail
Two pages, looking at nine of the NHS personnel who were deeply involved in the care and treatment of Ivan Cameron prior to his death on 25.02.09.
56. Most NHS staff put patients at risk by refusing to have flu jab
28 February 2009 The Times
Fewer than one in seven front-line care staff had a flu jab last year; this is claimed to put vulnerable pa-tients at risk. The Royal College of General Practitioners called for all GPs, hospital doctors, nurses, car-ers and other staff to have compulsory jabs.
57. NHS cuts patients' waiting times
28 February 2009 - BBC
NHS South East Coast has unveiled its 2009/10 framework, which says people will wait for less than
nine weeks for planned hospital procedures. Chief executive of the area, Candy Morris said people had told the NHS what mattered to them and pledges were now being turned into reality.
58. Inpatient and Outpatient waiting figures, NHS cancelled operations, NHS Critical care beds
27 February 2009
The following statistics were released today by the Department of Health:
NHS inpatient and outpatient waiting times figures, 31 January 2009
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 January 2009 was 106 (compared to the total of 576,000).
* The number of patients, for whom English commissioners are responsible, waiting over 13 weeks at the end of January 2009 was 45,500, an increase of 6,000 (15.2%) from December 2008, but a fall of 7,500 (14.2%) from January 2008.
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 January 2009 was 305 (compared to the total of 810,000). Of these 305, 38 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 January 2009 was 45,600, a decrease of 1,300 (2.8) from December 2008, but a rise of 15,600 (52.1%) from January 2008.
Additional tables are available http://www.dh.gov.uk/en/Publicationsandstatistics/Statistics/Performancedataandstatistics/HospitalWaitingTimesandListStatistics/index.htm
NHS cancelled operations, quarter ending 31 December 2008
The key points from the latest release are:
* During the quarter ending 31 December 2008, 16,100 operations were cancelled at the last minute for non-clinical reasons. In the same period in 2007, there were 15,700 cancelled operations.
* Cancelled operations during the quarter represented 1.0% of all elective activity, compared to 1.0% in the same period in 2007.
* Of these cancellations, 665 (4.1%) of patients were not treated within 28 days of a cancellation. In the same period in 2007, 720 (4.6%) of patients were not treated within 28 days.
Full tables are available here http://www.dh.gov.uk/en/Publicationsandstatistics/Statistics/Performancedataandstatistics/Cancelledoperations/index.htm
Full tables are available here http://www.dh.gov.uk/en/Publicationsandstatistics/Statistics/Performancedataandstatistics/HospitalActivityStatistics/index.htm
59. NHS cancer waiting times figures,
October to December 2008
27 February 2009
The following statistics have been released by the Department of Health.
CANCER WAITING TIMES STATISTICS - 2008/09 QUARTER
This is unchanged from 2008-09 Q2.
* 99.6 % of patients were treated within 2 months from urgent GP referral to treatment for breast can-cer. This is similar to 2008-09 Q2 (99.5%).
* 99.5 % of patients were treated within 1 month from diagnosis to treatment for all cancers. This is similar to 2008-09 Q2 (99.6%).
? 96.9 % of patients were treated within 2 months from urgent GP referral to treatment for all cancers. This is unchanged from 2008-09 Q2.
From Q4, the methodology for calculating cancer waiting times will change to bring it in line with cur-rent waiting times calculation methodologies. An estimate of the impact of this change in methodology on reported performance and the detailed figures for the current and previous quarters can be accessed at http://www.performance.doh.gov.uk/cancerwaits/
Which patients do the targets apply to?
The 31 day target applies to all new diagnoses of cancer regardless of the route of referral. For example, this will include urgent GP referrals, routine GP referrals and screening referrals.
The 62 day target only applies to patients who are referred through the two week wait referral route. However, this applies to ALL patients referred through this route, irrespective of whether the referral was received within 24 hours.
see http://nww.connectingforhealth.nhs.uk/nhais/cancerwaiting/222002.pdf
60. NHS forces city to add fluoride
26 February 2009 – BBC
Fluoride will be added to tap water in Southampton after the South Central Strategic Health Authority
(SCSHA) unanimously backed the change. Southampton City Council was in favour, but Hampshire County Council was against the plan, which is de-signed to cut tooth decay and which will affect 200,000 people. It is the first time a health trust in England, rather than water companies, has been al-lowed to introduce fluoridation under new laws.
61. NHS parking income 'tops £100m'
26 February 2009 – BBC
Patients and their visitors paid out £83.1m in 2007-8 to park at NHS buildings, including hospitals. Staff also handed over more than £27m. Figures show that the NHS in England makes at least £110m a year from car parking charges.
Ed. It is about time that this stealth tax was outlawed, as the Scottish Parliament has done.
62. More exchange opportunities for
International doctors
26 February 2009
The Medical Training Initiative (MTI) that provided 250 time-limited placements for doctors from developing countries last year will now be expanded in stages to provide up to 750 opportunities for over-seas junior doctors.
The expansion of MTI will mean that:
* International medical graduates from English-speaking developing countries where medical training is not widely available will be able to secure more vital training and work experience in this country.
* The NHS can continue to exchange expertise and experience with other parts of the world.
For more information visit: http://www.dh.gov.uk/en/Managingyourorganisation/
Humanresourcesandtraining/Morestaff/DH_095369
63. NHS trust offers private surgery
25 February 2009 – BBC
A backlog in operations due to a rise in admissions during recent bad weather has led Brighton and Sus-sex University Hospitals NHS Trust to send patients to a private hospital for surgery.
64. NHS managers risk court over clinical errors
25 February 2009 Health Service Journal
Brian Toft, a professor of patient safety at Coventry University and an incident investigator, believes that where healthcare professionals have told managers about a problem with their care environment, the manager should be liable for incidents related to the problem if the manager does not intervene appropri-ately.
Prof Toft said: "If the system of work forces people so they can't cope and therefore miss errors it shouldn't be the people who make the error who are held responsible, if they have already told their manager.
"They have to tell them formally in writing. If the manager takes no responsibility then it should be [the manager] that ends up in court."
65. NHS resources threatened as diabetes cases soar 70%
24 February 2009 The Independent
New cases of diabetes soared 74% between 1997 and 2008 – there are now 2.2 million people suffering type 2, generally linked to a sedentary lifestyle and obesity.
Nursing
66. Top nurses 'struggle to do jobs'
26 February 2009 BBC on-line
Senior nurses managing hospital wards are overburdened by paperwork and patients to do their jobs properly, unions say. The Royal College of Nursing ran a series of focus groups with 90 ward sisters in England about their jobs.
http://news.bbc.co.uk/1/hi/health/7910334.stm
Ed. The social care sector, particularly care home managers, have been saying this since the Care Standards Act 2000 came into force. Now that the NHS and social care sectors will both be regulated by the same regulator after April 2009 perhaps we might see some common sense begin to apply.
Older People
67. Elderly protest as alarm bells replace 24-hour wardens
28 February 2009 The Times
Help the Aged and Dame Joan Bakewell have been inundated with complaints from older people living in sheltered accommodation alarmed that their on-site wardens are to be replaced by technology and a floating support worker.
68. Fear in old age is terrible. It might shorten life‘
28 February 2009 The Times
Commentary by Dame Joan Bakewell on the loss of 24-hour wardens. She intends to petition Ministers.
69. Older people to design own home
25 February 2009 - BBC
Older people in a remote Highlands community are to be asked to come up with ideas for the design of residential accommodation.
Parliament
70. Parliamentary Questions and Debate from the Past Week
The following section is produced in con-junction with PLMR – Political Lobbying & Media Relations – www.plmr.co.uk
24 February 2009 – House of Commons – Written Parliamentary Question and Answer relating to care home top-up fees in Winchester and Hampshire. The Written Question was tabled by the Liberal De-mocrat MP for Winchester, Mark Oaten, and was answered by the Minister for Care Services, Phil Hope MP, on behalf of the Secretary of State. To read the question and answer online click on the following link: http://www.publications.parliament.uk/
24 February 2009 – House of Commons – Writ-ten Parliamentary Question and Answer which asked the Secretary of State for Health about standards of care homes. The question, which was tabled by the Liberal Democrat MP for Sutton & Cheam, Paul Burs-tow, was answered by the Minister of State for Care Services, Phil Hope. To read the questions and answers online click on the following link: http://www.publications.parliament.uk/
24 February 2009 – House of Commons – Written Parliamentary Question and Answer which asked the Secretary of State for Health about disbursements of the Social Care Reform Grant. The Written Question was tabled by the Shadow Minister for Care Ser-vices and Conservative MP for Eddisbury, Stephen O‘Brien, and was answered by the Minister for Care Services, Phil Hope MP, on behalf of the Secretary of State. To read the question and answer online click on the following link: http://www.publications.parliament.uk/
Social Care
71. Social services success studied
26 February 2009 – BBC
About five years ago Scottish Borders Council was heavily criticised after the abuse of a vulnerable woman by three men, one of whom was her carer. The Social Work Inspection Agency has now rated the region's services as among the best in Scotland.
72. Council's social services praised
25 February 2009 - BBC
The Social Work Inspection Agency (SWIA) looked at 10 key areas in Scotland. Three were rated as "very good", and the remaining seven as "good". Social work services in North Lanarkshire are among the best, according to inspectors.
Workforce
73. Government outlines new plans for achieving race equality in the UK
24 February 2009
A wide-reaching consultation on improving opportunities for Black, Asian and minority ethnic people was announced by Communities Secretary Hazel Blears.
A new report demonstrates that the Government has made significant progress in tackling race equality in everything from the job market and health services, to education, housing and criminal justice.
The third and final report on the Government's race equality strategy, Improving Opportunity, Strengthen-ing Society shows that further progress depends on recognising that different ethnic groups are experi-encing disadvantage in different ways. The Government is consulting on how best to move away from a "one size fits all" approach to targeted help addressing the different needs of particular groups.
The consultation will also take account of the additional challenge posed by the economic down-turn. Past evidence shows that Black, Asian and minority ethnic groups, as well as disadvantaged White people, are hit harder than others because of the type of job they have or because they live in deprived areas.
Did you know that:
* People from Indian backgrounds are more successful in education and employment than the rest of the population.
* In 2005/06, the Pakistani population's rate of entry into higher education by age 19 was higher than that of the White population.
* Black Caribbean pupils have seen greater than average improvements in GCSE. Key Stage 2 and Key Stage 3 attainment.
* In 2007, Chinese pupils had the highest achievement levels at GCSE (including English and Mathe-matics).
* Black Caribbean men are still more than three times as likely to be unemployed as White men.
* Women of Pakistan heritage have the highest economic inactivity rates at 65 percent.
* Among women, Black Caribbean women had the second highest employment rate and the third lowest economic inactivity rate.
* Even if they're from better families, boys of Black African and Caribbean heritage, despite their positive attitude to school, do worse than White boys from a similar background.
* Pakistani and Bangladeshi children are still twice as likely to grow up in poverty as White children. Page
ARTICLE
I have just been told – there is a stop on referrals to my care home!
The above statement has become a common thread in telephone calls to my colleagues at Brunswicks LLP, and me, over the past year or 18 months.
On probing what lies behind the bald statement it is inevitably the case that there has been a referral of an adult abuse alert to the local council‘s adult protection unit, a unit established in response to the De-partment of Health guide No Secrets and the Welsh equivalent In safe Hands both published in 2000 which required that councils establish multi-agency policy responses to such alerts.
Of course, the alert is usually little more than the expression of a concern that something untoward may have occurred, rather than hard evidence of wrong-doing.
Such alerts can and should be made when anyone is concerned that abuse or neglect of a vulnerable per-son has, or might have, occurred; whether the setting is the person‘s own home, in a community setting or in a care home.
This article will consider some big picture issues solely from the point of view of a care home operator. One could write many thousands of words about safeguarding meetings with councils – I‘ll save that for another day!
Policies and procedures
When receiving such a call it becomes obvious that there has (almost always) already been a strategy meeting; convened by the council and from which the operator has almost always been effectively excluded from. Unless there is a direct complaint or concern about the personal conduct of an operator/care provider they should always be invited.
It is usually at the first meeting that the decision is taken not to make any further referrals or placements with a care provider until investigation of the concerns is complete.
The first place to start is to re-read (or perhaps read for the first time) your local authority‘s Policy and Procedure for Safeguarding Adults. Almost always it is a very long document. However, careful reading pays dividends as there will frequently be prescribed processes and procedures to be followed, which, often, the local authority‘s officers are, or at least give the impression of being, ignorant about.
Many are the times when I have had to rely upon the council‘s policy to protect my commercial client from the excesses, not to say abuse, at the hands of council staff.
Strategy Meeting
When invited to a meeting ask for the agenda. Rarely are they provided, repeat the request in writ-ing.
Inevitably at the meeting there will be a large group of people – I have attended some where there have been 15 people from various bodies and agencies plus me and three people from my client organisation.
Many of those from other bodies will give the impression (at least) of a degree of hostility towards the pro
vider.
My advice is never to attend such a meeting alone.
Always have at least one other person with you – that person should make careful and through notes of what is said and what occurs. It is rarely my experience that the minutes provided by the council are ac-curate first time even with proper minute takers.
Where minutes are not accurate you must ensure that they are amended, as in years to come, when the council staff have retired, or otherwise moved on to pastures new when you face new staff you will never persuade them that minutes are not correct. And, be sure, minutes critical of your business will be brought out, perhaps years later, as evidence against your service if there are further concerns.
Certainly Commission for Social Care Inspection (CSCI), when seeking cancellation of registration, will refer to circumstances and rely upon materials which are years old. And CSCI has a seat at the table!
Strategy and subsequent meetings will agree‘ upon a course of action – perhaps who should investigate the matters giving rise to the alert, should it be the police, should it be council officers, others, the provider.
Follow-up Meetings
At follow up meetings the aim is to report what the facts are, and if the alert proves to be unjustified the matter be closed.
However, if there is a basis for the concern, the meet-ing will be keen to ensure that the matters giving rise to the alert have been addressed. So, assuming that there has been an issue relating to inappropriate care delivery, the care provider might well be presenting a report and an action plan. It is important that proper evidence is gathered (for example signed witness statements including a statement of truth), documents assembled and that all conclusions reached are supported by the evidence and, so far as possible, are unimpeachable. A lawyer can help with the marshalling of evidence and the whole investigatory process.
Having perhaps proposed a series of actions and agreed a timetable for implementation it is crucial that one demonstrates that one can deliver. Thereby recovering credibility and re-establishing reputation.
It is only when others have confidence in your ser-vice that you can hope to persuade an embargo on placements and referrals to be lifted.
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