Posts Tagged ‘Social Care’
Monday, October 31st, 2011
The Health and Social Care Bill brings new duties to local government in the care they are required to deliver.
Bringing public health to a local level will involve engaging in and creating partnerships that connect local public services together. This will need time, resource and money, things which aren’t easy to come by these days.
Councils should remember that using their enforcement role they already play an important role in ensuring that the environment in which we live, work, and play enhances our health and so it may be possible to meet the new duties at minimal cost.
For example, a PCT recently commissioned a council’s housing team to undertake additional enforcement/inspection activity, combined with referrals to GPs/community health teams. Council inspectors reached members of the community who might otherwise not be seen by GPs and the project showed that enforcement had a role to play where landlords showed a disregard for their tenants’ health.
This is a good example of the NHS and a Council working together to perform their legal duties improving health outcomes.
Helene Maillet-Vioud
0115 976 6213
hmaillet-vioud@brownejacobson.com
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Tags: health and social care, Health and Social Care Bill, NHS, social and health care partnerships, Social Care
Posted in Health, Social Care | No Comments »
Thursday, October 6th, 2011
There are an increasing number of claims being made against local authorities for failing to take children into care. Whether or not a duty is owed to each particular child depends on the facts of the case – the closeness of the relationship between the authority and the child, the forseeability of harm, and whether it’s “just and reasonable” to impose a duty of care.
Cash strapped local authorities are now considering charging parents who put their children into voluntary care.
Both the arguments for and against such a policy are understandable. It’s been done in the past, but in the current climate there’s a risk that immediate savings will be more than set off in addressing future claims from children whose families descend into damaging crisis because the parents refused to pay for voluntary care.
If there is a change of policy it needs to be clearly stated, followed up with well evidenced clear and regular staff training, and closely policed.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Tags: children in care, local authorities, Social Care, voluntary care
Posted in Local Authorities, Social Care | No Comments »
Friday, September 30th, 2011
Hot on the heels of yesterday’s announcement (29 September 2011) that only 60 babies were adopted last year, comes the news that the number of children in care in England has increased to 65,520.
Monitoring these placements is not easy, it involves social workers working with multidisciplinary teams and families to try and work out what is best for each child. We are seeing an increasing number of claims arising out of such placements (and indeed failure to make such placements). To defend each claim we have to read lots of paper and electronic documents. We also need to spend valuable hours with practitioners so that we can explain what Social Work Practice means on the ground, and why decision making is not simple. The amount of time this involves is breathtaking yet quite often the value of the claim relatively low.
Sadly my view is that Social Workers may, like health professionals, have to become used to the idea that giving evidence in professional negligence claims is simply part of the job. Employers can make that change of culture easier by providing regular training and support.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: browne jacobson, child protection, children in care, Claims, local authorities, professional negligence, professional negligence claims, Public Sector, safeguarding, sarah erwin-jones, Social Care, social work practice, training social workers
Posted in Professional Indemnity, Public Sector, Social Care | No Comments »
Friday, September 30th, 2011
DofE statistics show that around 4000 babies under the age of one were adopted in 1976 but this fell to 150 in 2007 and was down to just 60 in 2010. This is partly cultural, partly because the process takes over a year and partly because good practice requires social workers to try and keep families together.
Alongside all of this, local authorities are increasingly being asked to pay damages for failing to remove children from inadequate families early enough. Claimant lawyers often argue that delay means their clients have missed an opportunity to be successfully placed with an adoptive family, instead growing up in foster or institutional care. They say this part of the claim alone is worth at least £50,000.
Local authorities take heart – this latest report shows how difficult it is going to be to succeed in these arguments. Three quarters of children in care are placed with foster parents with a remaining 12% in residential accommodation. This suggests that only 10 to 12% are suitable to be even considered for adoption.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (2 votes cast)
Tags: adoption, browne jacobson, child protection, damage claims, foster parents, inadequate families, local authorities, safeguarding, sarah erwin-jones, Social Care
Posted in Uncategorized | No Comments »
Monday, September 19th, 2011
A “Dear Colleague” letter (15 September 2011) provides a useful update on the development of the clinical senates and networks recommended by the NHS Future Forum. The letter also provides further clarity on the different roles these networks and senates are likely to fulfil, and invites interested parties to engage in their development.
It seems that clinical networks will usually be specific to a particular patient/professional group or disease, and will support improvements in pathways and outcomes. Clinical senates (of which there are likely to be about 15) will involve a range of experts, professionals and others from across health and social care, and will offer advice about quality improvements or reforms across geographical areas.
The stated intention is that these organisations will help, rather than constrain, commissioners. However, the suggestion that the senates may also be involved in the quality aspects of a clinical commissioning group’s authorisation or annual assessment may set alarm bells ringing.
Posted by Emily Birkett, who specialises in advice to NHS bodies ; their local authority partners and related organisations in commercial law, contracting, procurement , competition governance and all aspects of primary care.
Emily Birkett
0121 237 3934
ebirkett@brownejacobson.com
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Tags: browne jacobson, clinical network, clinical senate, clinical senates, clinical senates NHS Future Forum, Emily Birkett, health, NHS, Social Care
Posted in Health, NHS, Social Care | No Comments »
Tuesday, September 13th, 2011
The flurry of activity which has followed the publication of various reports about Pembrokeshire Council by the Welsh inspectorate bodies, CSSIW and Estyn shows how important it is to get childrens safeguarding systems right, whether that be in regard to social care or, crucially, in education settings. The most recent report recommends that the council evaluates all safeguarding work within the education department and its schools and takes urgent steps to remedy deficiencies in the governance and management of safeguarding, including associated functions in human resources. Pembrokeshire have appointed a new Cabinet Member with responsibility for this.
Its going to be a tough job. Particularly in the teeth of a “special investigation” by the Wales Audit Office. It’s all very well writing policies and procedures, but the true test will be whether staff at the coal face know about the procedures and are confident about using them. Once everyone has been trained in the sensitive area, will and should employers be prepared to performance manage or discipline those who fall short?
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: Anne Hughes, CSSIW, Education, Pembrokshire Council, safeguarding, Social Care, Welsh Audit Office
Posted in Education, Social Care | No Comments »
Wednesday, July 27th, 2011
Today sees the launch of a consultation on changes to the inspection of local authority children’s services. Ofsted’s announcement flags the “No Notice” element of the scheme and reports that it is proposed inspection will include direct observation of services in action, including interactions with children and families.
Inspection will also consider whether the quality of early help could have prevented the child from entering the child protection system in the first place and the impact of the failure to provide such help might have had on the child.
It doesn’t take much to work out what triggers have prompted these developments, which, it is proposed, will be implemented May 2012. The consultation invites comment, but the closing date for this is very soon; 30 September 2011.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: child protection system, children's services, local authority, Ofsted, Social Care
Posted in Local Authorities, Social Care | No Comments »
Monday, July 11th, 2011
The Children and Family Court Advisory and Support Service (CAFCASS) has been the subject of much criticism and pressure in recent years. The latest is the judgment of the High Court. After concerns about the safety of a guardian’s recommendations were brought to the attention of CAFCASS, it negotiated a change of guardian and later obtained the court’s approval. This judgement criticised the process and made it clear that only the court has the power to appoint and remove guardians.
There are further messages applicable to all practitioners: the court was particularly concerned about the lack of transparency in this case. There were times where the parents were unaware of the discussions going on between CAFCASS and the local authority. As ever, in future where there is a difference of opinion, the matter needs to be openly explored. Any meetings at which a family’s future is being decided must be conducted openly and with the parents able to participate.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: cafcass, child care, sarah erwin-jones, Social Care
Posted in Social Care | 1 Comment »
Monday, July 4th, 2011
Today sees the publication of a report by the Dilnot Commission on funding adult social care. Expect radical thinking. According to Andrew Dilnot, the commission Chair, the current system does not work, and there is a need for fundamental change.
Key details have been leaked. For example, the current threshold of personal assets which qualifies an individual for state funding is recommended to rise from the current £23,250 to £100,000. This will go some way to address the current perverse disincentive to save for your future care. There will also be a recommendation that conditions for access to care are set nationally.
The new proposals will certainly be more expensive, and so attention will turn swiftly to politics. Does the Government have the will (some would say courage) to make these reforms which will probably require spending cuts elsewhere, and some tax increases? Will the calls from charities for cross-party talks, to prevent party-politicking, be heeded? Or does the long grass beckon? Let’s hope not.
Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.
Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com
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Tags: Andrew Dilnot, Dilnot Commissioning, funding adult care, Social Care
Posted in Social Care | No Comments »
Friday, June 17th, 2011
Hard on the heels of last week’s high profile judgment that Hillingdon Borough Council unlawfully deprived Steven Neary of his liberty by keeping him in a secure unit away from his father, another local authority has fallen foul of the Court of Protection in a judgment published today.
In this anonymised case, C (an 18 year old man with autism) was in a residential special school, and his complex and challenging behaviour was managed by use of a padded seclusion room among other things.
The Court found that the circumstances of his care at the school amounted to an unlawful deprivation of his liberty. As with Steven Neary, despite the best of intentions of the care staff involved, there was no proper scrutiny of the situation until the Court was involved, and such cases, and the publicity they get, can only mean more cases will go to Court.
Posted by Ben Troke, who specialises in clinical negligence; health law; access to NHS and social care and funding; Court of Protection / Mental Capacity Act; Deprivation of Liberty Safeguards; NHS Constitution and patient rights.
Ben Troke
0115 976 6263
btroke@brownejacobson.com
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Rating: 9.0/10 (2 votes cast)
Tags: deprivation of liberty, hillingdon, local authority, neary, Social Care
Posted in Health, Local Authorities, Social Care | No Comments »
Thursday, June 9th, 2011
Castlebeck have issued a very fast response to the BBC Panorama programme based on secret filming within one of its facilities.
It’s a sensible response. They need to protect their business, and service users’ families need to be reassured that their loved ones are safe.
It also means that any civil claims for compensation will be flushed out sooner rather than later. Employers are vicariously liable for the abusive actions of health and care staff, no matter how rigorous the recruitment and monitoring procedures. Most personal injury cases have to be brought within 3 years of the incident in question but in cases involving claimants with learning difficulties, the 3 year time limit does not apply.
If you find yourself suspending staff members for the mistreatment of service users, compile a list of people with whom they have come into contact, so you know how many claims may follow and inform your insurers of any intended public announcements, as these will attract compensation claims.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: care providers, castlebeck, civil claims, compensation, panorama, service users, Social Care
Posted in Social Care | No Comments »
Friday, April 8th, 2011
This week a court sentenced a teacher to six years in prison for having underage sex with two of his pupils and sex with a 16 year old pupil. As well as the straightforward convictions for underage sex, he was convicted of sexual activity with a child by a person in a position of trust.
This relatively new offence is set out in the Sexual Offences Act 2003 but only applies in very limited circumstances. Whilst a teacher sleeping with a pupil is clearly caught, the same is not true in sport – there is no offence committed where a sports coach engages in consensual sexual activity with a 16 year old that he or she coaches.
Considering the strong and mutually important relationships that can form between a coach and the individual and the risk of abuse that could exist, it is disappointing that the legislation does not offer those in sport the same protection. This is a change for which the Child Protection in Sport Unit (a joint venture between Sport England and the NSPCC) have been campaigning for some time, and deserves our support.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 10.0/10 (2 votes cast)
Tags: Child Protection in Sport Unit, NSPCC, Sexual Offences Act 2003, Social Care, Sport England
Posted in Social Care | No Comments »
Thursday, April 7th, 2011
On the 25th April 2011 The Visits to Children in Long-Term Residential Care Regulations comes into force.
The regulations are relatively short and support Section 86A of the Children Act 1989 which states that there is a legal duty on local authorities to visit a child in long term residential care.
However, the new regulations (link) make provisions about those visits and state that:
- The accommodated child must be visited every twelve months by a local authority representative
- The representative should ensure that the child is spoken to in private unless inappropriate to do so.
- Following each visit the representative should produce a written report which should be given to certain individuals, including the child and the child’s parents.
The regulations are not expected to introduce dramatic changes as it is likely that most social workers will already follow the spirit of the regulations. However, it is best to provide guidance to social workers now so that they are prepared for when the Regulations do come into force at the end of this month.
Lisa Davies
0115 908 4877
ldavies@brownejacobson.com
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Tags: Children Act 1989, childrens social care, residential care, Social Care
Posted in Local Authorities, Social Care | No Comments »
Thursday, March 31st, 2011
This week the High Court found in favour of a teacher who alleged he was wrongfully arrested following an allegation of assault by a pupil. Regardless of his willingness to attend a police station for questioning the police chose to arrest him. No further action was taken following the arrest.
Whilst the court’s agreed that the arrest was wrongful, it does not follow that the CRB check will be clear. It is often the case that police include arrest information on CRB disclosures regardless of outcome, putting the onus on employers to make the decision on suitability. The Protection Freedoms Bill offers a token improvement by giving individuals the right to request a review of the disclosure. If the courts wanted to ensure that the police took CRB disclosures more seriously, they should have imposed a duty to act reasonably when deciding the Desmond case in December.
Posted by Dai Durbridge, who specialises safeguarding of children and vulnerable adults in education, social care and health settings; defending claims against education, social care and health providers.
Dai Durbridge
0115 976 6578
ddurbridge@brownejacobson.com
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Rating: 10.0/10 (1 vote cast)
Tags: CRB checks, Education, employment, Social Care, The protections Freedom Bill
Posted in Education, Employment, Health, Social Care | No Comments »
Thursday, February 17th, 2011
Following the publication of the damning report by the Health Service Ombudsman into the care of elderly patients, the emphasis will be on increasing protection for the elderly against poor treatment.
One proposed route may be through the Equality Act, prohibiting age discrimination in the provision of services, including health and social care. While those provisions are not yet in force, and still subject to consultation by the coalition government, they may create a right to take legal action where a patient considers they have received worse treatment solely on the basis of their age.
Even if the specific provisions are not introduced, the climate following the Ombudsman’s report will mean that all clinicians will need to justify their decisions under ever greater scrutiny, without reference simply to a patient’s age.
Posted by Sian Brown, who specialises in defending clinical negligence claims, acting on behalf of the NHSLA and healthcare trusts and general health law.
Sian Brown
0115 976 6571
sbrown@brownejacobson.com
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Rating: 9.0/10 (1 vote cast)
Tags: elderly patients, Equality Act, Health Service Ombudsman, Social Care
Posted in Health, Social Care | No Comments »
Thursday, January 20th, 2011
Yesterday saw the publication of a report by Labour MP Graham Allen calling for more early intervention by the state in the childhood of deprived children. That Mr Allen should have reached this conclusion in his report comes as no surprise. This is an issue he has championed for years. Presumably the Government agrees, because it asked him to produce this report.
More interesting than the “what” question is the “how” question, particularly with budgets so tight. Graham Allen’s recommendations include regular assessments of all pre-school children, a national parenting programme in the UK, and an independent early intervention foundation to drive early intervention forward, assess policies and attract investment from the private and voluntary sectors.
The true test of these initiatives will be the extent they improve the daily lives of individual children. Every child, and every child’s circumstances, are different. National policies and programmes usually fail to penetrate that far. This is why improving the life chances of deprived children has proved so difficult. But we must continue to try.
Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.
Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com
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Tags: children's services, parenting programme, Social Care
Posted in Local Authorities, Public Sector, Social Care | No Comments »
Monday, January 17th, 2011
Barnardo’s new Chief Executive Anne Marie Carrie today called for urgent Government action to appoint a minister responsible for tackling child sexual exploitation.
This follows the conviction earlier this month of 2 Pakistani men in Derby for grooming and abusing young girls in the city.
A Serious Case Review in November 2010 found agencies missed opportunities to help some of the girls. The main criticism was that agencies did not work effectively together to co-ordinate actions and create a comprehensive picture of the lives of these two young women. These are the same concerns that have, in the past, been cited as the cause of deaths in unfortunate and tragic cases such as the death of Victoria Climbie and Baby Peter.
As agencies face more and more demands in the light of increasingly restricted budgets, the need for agencies to share and act upon information about young people must be recognised.
Posted by Sarah Erwin-Jones, who specialises in social services, the care sector, education and negotiating legal costs; advises on risk management issues including data protection matters.
Sarah Erwin-Jones
0115 976 6136
serwin@brownejacobson.com@brownejacobson.com
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Rating: 0.0/10 (0 votes cast)
Tags: Anne Marie carrie, barnardos, grooming of children, Social Care
Posted in Social Care | No Comments »
Friday, December 10th, 2010
Can you take photos of your child performing in the school nativity production? It comes as no surprise that people are confused. The law in this area is difficult and complex. This leads to defensive practice. If you say “no”, the risk of breaching the law is removed.
However, knee-jerk refusals cause damage themselves. As well as restricting liberty, they are often contrary to common sense. The area of health and safety is held in low esteem by the nation for this very reason. Information sharing (often and revealingly simply called “data protection”) could go the same way.
The Information Commissioner has this week released guidance dealing with this specific issue. He says clearly that taking photos for your family album, for private use, is lawful. The return of common sense, many people will respond. Yet most schools and sports clubs are not so relaxed, and do impose some restrictions. Let us hope the season of goodwill extends to the family snapper.
Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.
Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com
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Rating: 9.5/10 (2 votes cast)
Tags: child protection, Data Protection, Education, local authorities, schools, Social Care
Posted in Local Authorities, Public Sector, Social Care | No Comments »
Wednesday, November 17th, 2010
Hot on the heels of the spending review, the government has announced plans to extend the personal social care budget scheme from the current 213,000 service users to one million by 2013. This optimistic target is the cornerstone of the drive to shift responsibility for social care provision from the state to the individual, empowering them to access the private market to purchase their care needs.
Theoretically this will take the pressure off local authorities and provide service users with choice, control and independence.
However, an Audit Commission report on the progress of the scheme in October highlighted problems with implementation. It felt significant work was required to communicate the benefits of the system. It had particular concern over deficiencies in support provided to people with mental health needs, despite evidence that mental health service users would be major beneficiaries of the programme.
If the government wants the take-up of this scheme to increase dramatically, and it says it does, these problems must be addressed.
Kate Mills
0115 976 6104
kmills@brownejacobson.com
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Rating: 8.0/10 (1 vote cast)
Tags: mental health, personal social care budgets, Social Care
Posted in Social Care | No Comments »
