Friday, 14 June 2013

multiple failings in the home care

CCTV footage reveals domestic care neglect

Muriel Price and her grandsonMuriel's grandson says he feel guilty for employing the company

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The BBC has obtained footage showing multiple failings in the home care provided by a company to one woman - as ministers warn the next abuse scandal may come in the sector.
The videos, recorded by the family of Muriel Price, 83, show carers failing to turn up for visits or turning up late, causing Mrs Price great distress.
The company involved say they were never informed the family had concerns.
They say the care of patients is of paramount importance to them.
Care minister Norman Lamb is hosting a summit with domiciliary care providers and carers on Thursday in an attempt to improve standards within the industry.
Mrs Price's grandson installed two CCTV cameras in her house in Blackpool, Lancashire, to monitor her movements and to provide help should she fall when she was home alone.
'Absolutely disgusting'
Instead they recorded carers failing to turn up when they should and behaving inappropriately on occasions.
One scene shows Mrs Price in great distress prior to her carer arriving. The grandmother, who is incontinent, had been in bed for 13 hours as her carer was nearly one hour late. She had tried and failed to contact her care company, carers, family and neighbours for help.
"Disgusting this is, absolutely disgusting," she is heard to cry out. "It's not good enough, I can't put up with it much longer."
One piece of video shows Mrs Price becoming increasingly distressed as she waits for her carer to arrive
She then quietly sobs before crying out for Les, her husband of 63 years. He was her primary carer prior to his death.
"I'll be here till 12 o'clock until the next one comes along, I bet. It's always the same."
Eventually a carer does appear, 55 minutes late.

Start Quote

Mosaic go above and beyond their legal requirements when employing carers to ensure all staff are capable of delivering quality care to their clients. The care of patients is of paramount importance to Mosaic.”
Mosaic Community Care
In the footage seen by the BBC, which covers a period of nearly a month, carers turn up late or not at all on at least 12 occasions. Several other visits are much shorter than the one hour the carers are contracted for.
While some carers were professional, the footage shows examples of others who clearly were not.
The footage shows one carer sticking her fingers in food to check its temperature, another changes incontinence pads in full view of the street.
'No dignity'
And though Mrs Price is an insulin dependent diabetic with special dietary requirements, one carers admits to not being able to cook. "I can't fry an egg. I am really that rubbish at cooking. Why they send me to people at dinner time; it's beyond me," she can be heard saying.
"The way they treat old people is wrong, just wrong," says Mrs Price, looking back on her experience. "You'd be waiting for your tea and you didn't get any tea cause they never turned up, they never bothered. And you'd ring them up and they'd say we'll be sending someone along but they never did."
Her grandson, Darryl Price, who arranged for the care company to look after Mrs Price, looks back with regret.
"To see someone in your family treated with no respect, no dignity, you question yourself and in a way you feel guilty. You're the one who's put that home care company in there, you've trusted this company to look after them."
Another clip captures examples of poor care - including this carer, who was later disciplined by the company, who 'mooned' at the camera
The BBC showed the footage to Norman Lamb ahead of his meeting with domiciliary care providers and carers. He said the current system resulted too often in poor care, low wages and neglect.
"It's just shocking and depressing because this is neglect in your own home," said Mr Lamb in reaction to the videos.
Talking about the wider domiciliary care sector, he went on: "We know this is not an isolated case. There is some very good care, and we should celebrate that, but where poor care exists we should not tolerate it."
He later told BBC News: "In a way you're almost at your most vulnerable when it's behind a closed door, it's you and a care worker and potentially poor things, dreadful things can happen in those circumstances."
He said a number of companies were failing to provide a complete service and all too often councils were taking part in a "race to the bottom", choosing the cheapest bid when awarding contracts.
Norman Lamb: "I want to shine a spotlight on this whole sector"
The company who provided Mrs Price's care is Mosaic Community Care, based in Preston. The family say they repeatedly contacted the company with their concerns and have provided phone records to the BBC which indicate that calls were made.
But in a statement, Mosaic said it was an award-winning care provider.
It went on: "At no time were any issues raised with Mosaic by the family. Any concerns would have been dealt with via the appropriate channels.
"Mosaic go above and beyond their legal requirements when employing carers to ensure all staff are capable of delivering quality care to their clients. The care of patients is of paramount importance to Mosaic."
Referring to the telephone records, it says: "The length of a call does not provide conclusive evidence as to the content of the call."
Muriel Price is now happily living in a care home. "I'm lucky I have a family to look after me," she says. "Those that haven't got a family, God help them, poor devils."

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Thursday, 6 June 2013

Minister Anna Soubry backtracks on women GPs 'burden'

Minister Anna Soubry backtracks on women GPs 'burden'

Female doctorAre women a "burden" on the NHS?

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There are "unintended consequences" for the NHS of training and employing women as GPs, Health Minister Anna Soubry has said in Parliament.
She was responding to a question about the "burden" of female doctors marrying and starting families.
The head of the Royal College of GPs said it was wrong to blame women doctors for problems in the NHS.
Ms Soubry later said her comments were not meant to be "derogatory" and the answer was to hire more GPs.
During a debate in Westminster Hall, Conservative MP Anne McIntosh, said: "It's a controversial thing to say, but perhaps I as a woman can say this - 70% of medical students currently are women and they are very well educated and very well qualified.
"When they go into practice and then in the normal course of events will marry and have children, they often want to go part-time and it is obviously a tremendous burden training what effectively might be two GPs working part-time where they are ladies.
"And I think that is something that is going to put a huge burden on the health service."
In response, Ms Soubry said: "You make a very important point when you talk about, rightly, the good number of women who are training to be doctors, but the unintended consequences."
Dr Clare Gerada, the chair of the Royal College of General Practitioners, took to Twitter to say: "I cannot believe that women doctors are being blamed for problems in NHS."
In a statement later, Anna Soubry clarified her remarks saying she had "not intended to be derogatory" and was responding to a point made by another MP during the debate.
"The solution is that we need to increase the number of GPs and we are doing that.
"This government supports good working practices such as flexible working, job-sharing and part-time working which help retain female doctors.

Wednesday, 5 June 2013

'New law needed' after collapse of care home neglect case

'New law needed' after collapse of care home neglect case

A silhouette image of a woman passing a cup of tea to an elderly lady.Just 170 prosecutions for wilful neglect of the elderly were brought last year.

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The collapse of Britain's biggest investigation into elderly care home neglect has prompted calls for a reform of the law.
Former care minister, Paul Burstow wants a new offence of corporate neglect to make it easier to hold those running bad care homes to account.
He is to table an amendment to the government's Care Bill which is currently going through parliament.
Care Minister Norman Lamb says he is considering the issue.
Mr Burstow - who stepped down in last September's reshuffle - said he was determined to ensure the government created the new law following the end of Operation Jasmine.

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Paul Burstow
We need companies that provide care to realise it's not just about their profits. It's ultimately about the dignity of the people they are looking after”
Paul BurstowMP
Police launched the operation seven-and-a-half years ago following concerns over the death of more than 60 care home residents in six homes in Wales. The investigation by Gwent Police cost £11.6 million and amassed more than 12 tonnes of evidence.
Among the alleged victims were elderly people who became severely malnourished or dehydrated, or who died because of infected pressure sores.
But despite exhaustive inquiries, the CPS said there was not enough evidence to charge key figures - including one of the care home owners Dr Prana Das - with gross negligence manslaughter or wilful neglect.
Later attempts to bring the care home boss to trial for lesser charges under health and safety legislation failed in March when he was deemed unfit to stand trial after suffering head injuries in a burglary.
Mr Burstow said that under the current legal framework often the only option left open to police was to try to prosecute individual carers with wilful neglect. He argues that a new law should be introduced to make it easier for police to hold owners to account instead.
He said: "We need a new criminal offence of corporate neglect which should take its lesson from the legislation on corporate manslaughter.
"We also need companies that provide care to realise it's not just about their profits, but it's ultimately about the dignity of the people they are looking after."

Find out more

An elderly lady's hand on a walking stick.
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 4 June at 20:00 BST and Sunday, 9 June at 17:00 BST.
The call is being backed by Labour MP for Blaenau Gwent, Nick Smith who recently challenged David Cameron to ensure the law in this area was fit-for-purpose.
The BBC asked care minister Norman Lamb whether he would consider creating a law of corporate neglect.
In a statement, Mr Lamb said he was considering the issue - but stopped short of agreeing to a change in the criminal law.
"When I first took on this job in September, I identified a clear gap in the regulatory framework - one which I'm determined will be addressed.
"This summer, we will announce proposals to address the gap in the law on effective corporate accountability," he said.
Figures seen by Radio 4's File on 4 programme show that while English social services investigated more than 25,000 allegations of elderly neglect last year, just 170 criminal prosecutions for neglect were brought before the courts.
The Care Bill had its second reading in the House of Lords in May.
Listen to the full report on File on 4 on BBC Radio 4 on Tuesday, 4 June at 20:00 GMT and Sunday, 9 June at 17:00 BST. Listen again via the Radio 4 website or the File on 4 download.

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Saturday, 1 June 2013

Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2011/12

Monitoring the use of the Mental
Capacity Act Deprivation of
Liberty Safeguards in 2011/12


Purpose of the Safeguards
The Safeguards came into effect in 2009. They are part of a legal
framework set out in the Mental Capacity Act 2005 (MCA). The MCA
is a very important mechanism for protecting the rights of people who
do not have the ability (mental capacity) to make certain decisions for
themselves. It provides guidance to people who need to make decisions
on behalf of someone else. It sets out the principles that should guide
such decisions, including the need to act in the person’s best interests
and to achieve the desired outcome in ways that put the least restriction
on the person’s rights and freedom of action.
The Mental Capacity Act is primarily concerned with people who have
mental disabilities. The Safeguards are particularly relevant for those with
severe learning disabilities, dementia, or people who have brain injuries.
The Mental Health Act focuses on people who have mental illnesses. In
practice, the same person may be covered by both Acts, depending on
individual circumstances.
The reason the Safeguards were introduced was to address the problem
that arises if a person does not have the mental capacity to make an
informed decision about care or treatment. This problem was brought
to light in the late 1990s by the case of Mr L and became known as
‘the Bournewood Gap’. 1The reason the Safeguards were introduced
The case of Mr L
Mr L was profoundly mentally disabled and
unable to consent to medical treatment.
He was admitted to hospital by a psychiatrist
without the use of the Mental Health Act, as he
was thought to be fully in agreement with this
course of action.
His carers challenged this admission because of the
restrictions on his liberty that were applied to him
once in hospital and because Mr L did not have the
capacity to disagree with the restrictions. The reality
was that he was not free to leave.
The case went to the European Court of Human
Rights, which agreed that Mr L had been deprived
of his liberty within the meaning of Article 5 of the
European Convention on Human Rights.2
The ‘gap’ that was identified was in the lack of
safeguards for the admission and detention of people
who appeared to agree but in fact lacked the capacity
to consent or disagree.
There were no stated grounds for such action, no
statement of purpose, no limits of time or treatment
and no requirement for continuing clinical assessment.
It was this gap that the Deprivation of Liberty
Safeguards were designed to address.
1 HL v United Kingdom (2005) 40 EHRR 761
2 Article 5(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a
procedure prescribed by law:… (e) the lawful detention… of persons of unsound mind.
4 Monitoring the use of the Mental Capacity Act Deprivation of Liberty Safeguards in 2011/12
There have been high profile failures in health and social care, which
include deprivation of liberty. The Winterbourne View Serious Case Review
highlighted the unlawful nature of restrictions imposed on people with
learning disabilities in that service. It found that individual patient records
gave rise to concerns because they did not accurately reflect the person’s
legal status under the Mental Health Act (MHA); nor did they give any
indication as to whether the Safeguards had been considered.3
The decisions of the courts continue to develop mental capacity law, the
meaning of ‘deprivation of liberty’ and practice. The health and social care
system is currently changing. NHS primary care trusts will be abolished
in April 2013, when local authorities will assume responsibilities as
supervisory bodies for hospitals as well as for care homes.
How the Safeguards work in practice
The Safeguards must be considered in care homes and hospitals when the
restrictions on a person’s freedom, imposed in their best interests, may
mean that they are deprived of their liberty. In addition to protecting the
person’s rights, the Safeguards can provide reassurance to staff that they
are acting appropriately within the framework of the MCA, in a way that is
proportionate to the risk of harm to the person. The following
two examples illustrate this point.
Case study
Mrs A, care home resident
Mrs A has severe dementia and lives in a care
home. She makes persistent and purposeful
attempts to leave the home.
Staff are concerned for her safety if she was to leave,
but also concerned not to restrict her rights and
freedom any more than the minimum necessary for
her safety.
The care home (managing authority) decides to ask
the local social services authority (supervisory body)
to consider whether Mrs A should be ‘detained’
in the care home under the Deprivation of Liberty
Safeguards.
The local authority carries out a series of independent
assessments (looking at the person’s best interests
and medical needs and including the person’s family)
and notes that Mrs A’s medication is not being
administered correctly – which could be exacerbating
her anxiety.
The assessor recommends that the GP should review
the medication and look into an alternative medication
plan. The local authority agrees to authorise
deprivation of Mrs A’s liberty for a short period to
allow time for these aspects of the care plan to
be changed.

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