Caring Times News


Deprivation of liberty in private supported living care arrangements

Posted on August 31st, by geoff in Caring Times. Comments Off on Deprivation of liberty in private supported living care arrangements

By PETER GROSE solicitor, Lester Aldridge www.lesteraldridge.com 01202 786135

Deprivation of liberty of service users who lack mental capacity to consent to care arrangements can be problematic for care providers and local authorities. In care homes and hospitals, managers must apply to the local authority for authorisation under the Deprivation of Liberty Safeguards. In supported living settings, local authorities must apply to the Court of Protection to authorise a deprivation of liberty in relation to care packages they arrange. However, it has been less clear whether local authorities are responsible for ensuring authorisation in relation to care packages they have not arranged, such as supported living settings or domiciliary care services that are entirely privately funded, e.g. through court awarded damages following a catastrophic accident.

The recent Court of Protection case of Staffordshire County Council v SKR (http://www.bailii.org/ew/cases/EWCOP/2016/27.html) has now provided some … Read More »


In denial about fairness?

Posted on August 30th, by geoff in Caring Times, CT blog. 1 Comment

By Caring Times editor Geoff Hodgson

Social care providers are indebted to Health Ltd (SSP), a service provider operating GP practices in England, which won a judicial review in the High Court against the Care Quality Commission (CQC) in July. The case concerned the fairness of the CQC’s complaints procedure and this should ring a bell for social care providers.

I was taken aback by the tenor of the regulator’s response to Mrs Justice Andrews’ ruling that it was “unfair for the CQC to maintain their original finding without making appropriate enquiries”. In a press release – http://www.cqc.org.uk/content/judge-finds-rating-review-process-fair-factual-accuracy-improved – the CQC maintains that “Mrs Justice Andrews does not find that CQC’s rating review process is unfair, nor that it was applied unfairly in this case.”

This is somewhat at odds with the judge’s comment that: “ . . . procedural fairness required the … Read More »


Northern Irish nursing home fined over burgled personal details

Posted on August 25th, by geoff in Caring Times. Comments Off on Northern Irish nursing home fined over burgled personal details

A nursing home in County Antrim has been fined £15,000 for breaking the law by not looking after the sensitive personal details in its care.

An investigation by the Information Commissioner’s Office (ICO) found widespread systemic failings in data protection at Whitehead Nursing Home at the time of a data breach.

The breach came when a member of staff took an unencrypted work laptop home, which was stolen during a burglary overnight. The laptop contained sensitive personal details relating to 46 staff including reasons for sickness absence and information about disciplinary matters. It also held some details about 29 residents including their date of birth, mental and physical health and ‘do not resuscitate’ status.

Ken Macdonald, Head of ICO Regions, said the nursing home had put its employees and residents at risk by failing to follow basic procedures to properly manage and look … Read More »


Inadequate ratings: the error within the automatic imposition of the Special Measures regime

Posted on August 25th, by geoff in Caring Times. Comments Off on Inadequate ratings: the error within the automatic imposition of the Special Measures regime

By NICOLE RIDGWELL Solicitor, Ridouts Professional Services

www.ridout-law.com 020 7317 0340

In its updated version of the Provider Handbook for Residential adult social care services, April 2016, the Care Quality Commission has clarified the position on re-inspection timeframes. The previous wording having been somewhat ambiguous, the new handbook confirms that services rated overall ‘inadequate’ (and therefore automatically subject to the Special Measures regime) “will normally have a comprehensive inspection within six months of the last comprehensive inspection report being published”. In the former wording, it was arguable that a service with an ‘inadequate’ rating would be re-inspected within six months of the initial visit as opposed to six months from publication of the report.

The Provider Handbook sets out the rationale for Special Measures:

• Ensuring that providers found to be providing inadequate care significantly improve.

• Providing a framework within which CQC use their … Read More »


Why care home improvements have to and can be made

Posted on August 24th, by geoff in Caring Times. Comments Off on Why care home improvements have to and can be made

By ANDREA SUTCLIFFE, chief inspector of adult social care, Care Quality Commission

 

Adult social care recently hit the media headlines for all the right reasons when we released the results of our care home re-inspection analysis. Out of 372 homes originally rated as Inadequate, 73% had improved either to Good or Requires Improvement, benefiting more than 12,000 people across the country with better and safer care.

The story was largely positively received but as I made clear whilst doing the interview rounds, neither CQC nor providers can be complacent about the results. There is a lot more to do.

Encouraging

Day in, day out, my inspection teams see examples of people experiencing great care as a result of fantastic managers and staff who are supported by strong leadership. Together, they promote a culture of listening and acting on the voices of people, and … Read More »


Triple pressures on care homes in Wales – call for urgent action

Posted on August 23rd, by geoff in Caring Times. Comments Off on Triple pressures on care homes in Wales – call for urgent action

A social care leader has called for urgent action to deal with the triple pressures which he says are battering care homes and domiciliary care companies in Wales.

Care Forum Wales chair Mario Kreft has called on the Welsh Government to act after new figures showed a steep rise in the number of people aged 85 or over. According to Public Health Wales, the figure will reach 184,000 by 2036 which represents a 145% increase since 2011.

At the same time, says Mr Kreft, the sector is also being hit by chronic underfunding and the prospect of having to give staff a 30% pay increase without knowing where the money is coming from. The introduction of the living wage would also have a knock on effect because remuneration at every level would have to be increased accordingly to maintain … Read More »



WEEKLY BLOG -‘Til death do us part

Posted on August 22nd, by geoff in Caring Times. Comments Off on WEEKLY BLOG -‘Til death do us part

By guest blogger BOB FERGUSON

A few days ago I stumbled across a radio programme featuring an item about a care home contract that provided for payment in lieu of “notice” on the death of a resident. The aunt of the complainant had been a long-term resident in the home. When she died five years ago, he declined to pay. He has since been pursued intermittently by the home which is now threatening court action. There was no mention in the programme of the resident’s property having been left in her room following her death.

The presenter spoke to one of the care home industry’s more cerebral spokespersons to give his reactions. I must say I expected to hear the voice of reason: a short sharp repudiation of this repugnant practice, followed perhaps by a pledge to root it out from among his … Read More »


Seeking joinedupness

Posted on August 19th, by geoff in Caring Times. Comments Off on Seeking joinedupness

Is the Care Quality Commission, in seeking to assess ‘quality in a place’, trying to do too much? asks JEF SMITH.

 

What do we see when you look up at the night sky? Stars of course. Even if we can’t name them, we can to pick out the brighter ones, spot occasional falling stars, perhaps distinguish stars from planets. Some observers, however, see not just stars, but constellations. They make links between individuals’ brightnesses which the rest of us hadn’t noticed, observe changes in their relationships over time, know how one star’s light impacts upon others. Such insights give the heavens a wholly new dimension.

The Care Quality Commission has recently started to contemplate a similarly extended reality. During the spring it published reports looking at what it rather pedestrianly describes as Quality in a Place, first in North Lincolnshire and then in … Read More »



WEEKLY BLOG: Time for a parting of the ways?

Posted on August 18th, by geoff in Caring Times. Comments Off on WEEKLY BLOG: Time for a parting of the ways?

By Caring Times editor Geoff Hodgson

Over the weekend just gone, at a social occasion unconnected with social care, I overheard the following scrap of conversation: “Of course, when it comes to care homes, when they’re in the private sector and driven by profit, they cut corners and people don’t get the care they need …’

Depressing isn’t it? To my knowledge, the person who made this comment had nothing to do with social care and had no qualified experience of social care, but the sentiment he expressed has become a truth almost universally acknowledged.

In this person’s simplistic view, local authorities have no role. The fact that social care was farmed out to the private sector, and that public bodies then abused their role as purchaser by screwing-down prices never gets a mention. If asked what they think a fair price for … Read More »


Small care home owner to close, citing regulatory burden and lack of support as the main reasons

Posted on August 15th, by geoff in Caring Times. Comments Off on Small care home owner to close, citing regulatory burden and lack of support as the main reasons

A Bristol care home owner has decided to close her home because of what she describes as ‘ridiculous bureaucracy’ and no support.

Reporting in the Bristol Post in early August, reporter Tristan Cork said Elizabeth Laycock, who has owned and managed the 10-bed Bradley House for the past 20 years, is to close the home in September.

Ms Laycock told the Bristol Post she had decided to sell up earlier this year, having become tired of having to fulfill the needs of the rules laid down by the Care Quality Commission.

The home has been inspected five times in the last three years, and each time is praised for the way it looks after its residents, how happy they are and how well the staff are treated. But the home has been marked down for what Ms Laycock says are “silly little things”.

At … Read More »





Latest blog posts

In denial about fairness?

By Caring Times editor Geoff Hodgson

Social care providers are indebted to Health Ltd (SSP), a service provider operating GP practices in England, which won...

‘Til death us do part

By guest blogger BOB FERGUSON

A few days ago I stumbled across a radio programme featuring an item about a care home contract that provided for...

Time for a parting of the ways?

By Caring Times editor Geoff Hodgson

Over the weekend just gone, at a social occasion unconnected with social care, I overheard the following scrap of...