Latest news affecting domiciliary care and the care industry!

 

Lords to rule on care home rights

Campaigners want to prevent couples in care being split up. A legal battle to decide if people in privately-run care homes should be protected by human rights laws is to go to the House of Lords.

Three appeal judges have ruled private care homes cannot be classified as public bodies, even when they look after patients from local authorities. But they agreed the two cases they heard should be referred to the Lords because of their public importance. Up to 300,000 residents in England could be affected by the outcome. Campaigners say the law needs to be changed to prevent elderly couples being separated, or homes closed without the consent of vulnerable residents. The Human Rights Act is applied to care homes run by local authorities, but not to homes in the private or voluntary sector. That is despite the fact that around 300,000 people in private homes have their care paid for out of taxpayer's money.

Havering case

The first case considered by the Court of Appeal involved residents of a local authority care home in the London Borough of Havering who were under threat of being moved to a privately-run home. If there is a concern that protection is not always effective then that must be a failure of the inspection process rather than the existing legislation Sheila Scott National Care Association.

They wanted a declaration that the Human Rights Act applied to private care homes. They also wanted an alternative ruling that if the HRA did not apply, then their local authority would be acting unlawfully if it transferred them to one. The Court of Appeal rejected this argument. Lord Justice Buxton, giving the lead judgment of the court, said that if a change from public to private provision entailed a breach of human rights that would mean that any privatisation of services where the government has European Convention responsibilities would also be a breach. He said that would "at a stroke" put every local authority with social services responsibilities in breach of the Human Rights Act, since all of them use some private sector provision.

Alzheimer's patient

In the second case, the judges were asked to rule that an 83-year-old Alzheimer's patient can stay in her private care home because to move her would violate her human right to family life. The patient, identified only as YL, has lived at the care home since January last year when she was placed there by her local authority, Birmingham City Council. The care home, which cannot be named for legal reasons, is run by Southern Cross Health Care, a private sector provider of residential and nursing services, which wants to remove the woman because of disagreements with her relatives. Again, the judges were effectively asked, but declined, to rule that a private care home carries out the duties of a public body. However the Law Lords did say that such concerns, raised by both cases, could go to the House of Lords. Sheila Scott, National Care Association chief executive, welcomed the Court of Appeal decision to reject the complainants' arguments. She said: "Care home resident's rights are fully protected already under existing legislation. "If there is a concern that protection is not always effective, then that must be a failure of the inspection process rather than the existing legislation."

Care homes set for cash injection

Half a million pounds is to be spent on improving the "dignity" of people at 68 of Dorset's care homes.

The money is expected to be set aside for improving access to gardens and information technology at care homes, and on developing arts projects. The £510,000 is part of the Department of Health's £67.7m Dignity in Care campaign. The initiative is intended to improve circumstances at nearly 7,000 care homes across the country.

Happy homes

Care services minister Ivan Lewis MP said: "I know how important it is for people living in care homes to have an environment they are happy in and that they are proud to call home." Andrew Archibald, Dorset County Council's head of older people's strategy, said the money had been allocated through a bidding process in which all elderly care homes in Dorset had been invited to apply for funds.

David Crowhurst, the council's cabinet member for adult and community services, said: "I am very pleased with this initiative as dignity in care is such an important topic." Annie Stevenson, senior policy adviser at Help the Aged, welcomed the extra funding, but there was still more that needed to be done, she said. "Improving the physical environment is only one piece of the jigsaw that delivers dignity and respect for the care of older people," she said. "It is just as crucial to recognise that investment in the care home sector workforce is also vital to lift its status and to improve morale and potential to meet future needs. "Without this, the dignity agenda in this area will wither on the vine."

Powers to tackle home care costs - 24 June 2007

Malcolm Jones has been helped by his wife for 26 years The Welsh Assembly Government wants to use new powers to make charges for care in the home fairer, BBC Wales' Politics Show understands.

People with disabilities can pay different amounts. Families in one local council area can face twice the care costs of those living in a different area. The assembly government wants to bring in legislation to overhaul the system, but campaigners say that it will not go far enough. Malcolm Jones has a condition that affects his coordination. He needs help at home, and for the past 26 years his wife, Enid, has cared for him. But now she struggles with arthritis and cannot look after him as she did. Mrs Jones said: "The costs of caring - not just financially, but physically, mentally and emotionally are very high and I think the powers that be don't really understand what is involved."

Disparity

The price of care in the home is set by local authorities but the costs vary enormously and some councils are charging far more than others, in some cases twice as much. In a statement, the assembly government said it was well aware of the disparity in charging practices for non-residential care. It added that it would be using its new powers to ask that the assembly make its own legislation in this area. But there are other issues campaigners say the assembly government must also address to ensure fair treatment for all. Some believe the system discriminates against older people.

Film focuses on care for elderly

A short film highlighting how older people in Cumbria can maintain their independence has gone online. The 10-minute film shows the different ways the county council can give them support in residential care and sheltered housing settings. The aim of the film is to get people talking and this month council chiefs will meet to discuss ways to also help more older people live at home. The council is asking for the public's view on care for older people. 'Retirement destination' Councillor Oliver Pearson, cabinet member responsible for adult social care in Cumbria, said: "How we meet the needs and aspirations of the county's growing number of older people is a challenge the county council determined to meet. "Paradoxically this challenge comes from success; successes in medicine, nutrition and public health mean we are all living longer. "Factor in Cumbria's attraction as a retirement destination and it is easy to see why in 2028, one in three Cumbrians are expected to be of pensionable age."

Voting on the future of the NHS By Hywel Griffith BBC Wales health correspondent - 15 April 2007

The past 12 months have seen patients in some parts of Wales take to the streets to oppose hospital reforms.

In Pembrokeshire and Powys, and from Llandudno to Llantrisant, the future shape of services is up for discussion. The Welsh Assembly election on 3 May provides an opportunity for the public to have their say. So much so that there is speculation that some candidates may even try to base their entire campaigns around "saving" hospitals. For members of the Phoenix patient group in Haverfordwest, what happens to health services in Pembrokeshire is vitally important. Many are elderly and live alone, and almost all have received some form of treatment at the town's Withybush Hospital.

"There's a great deal of concern," said Gerald White, who chairs the Phoenix society. "People in general are very, very happy with the services we have at the moment, but they do not want under any circumstances to see any of those services taken away." I think they are waiting for candidates. The future of specialist services at Withybush is subject to a review of healthcare across mid and west Wales. The election comes at a time when patients are looking for reassurance from their politicians, according to Mr White. "I think they are waiting for candidates to come along and say something which is going to be music to their ears. "I think there are lots and lots of votes up for grabs in this area."

Closer to home

One of the greatest concerns over hospital reform is that patients would have to travel further for some forms of treatment. But new community-based schemes are also being promised, and that could mean more care being delivered away from hospitals in patients' front rooms. The Twilight scheme in Powys is now in its third year, and means patients who may otherwise need hospital admission receive evening home visits from community nurses. "We look after patients who have had problems with their wounds, or who have just come home from hospital," said Linda Jones, who works on the project.

Reconfiguration of hospital services has prompted wide protests "I think it is a good idea, but there need to be resources put in place for it to work properly and not to overload the staff," she added. With budgets to balance, managers across Wales are left with the dilemma of how to fund traditional hospital care and more innovative schemes, such as Twilight nursing. The idea of closing some hospital wards has so far proved an unpopular solution with some. "I think moving things into the community is a good thing," said Margaret Povey, another member of the Phoenix group. "But what everyone is worried about is the inpatient facilities. Are they going to stay as they presently are? That is the question." It is a question which politicians across Wales will need to grapple with in the election if they want to win the votes of patients.