20 may 2009

Mistreatment and neglect: prevention and response

Jill Manthorpe

King’s College London

20 may 2009

A subject that won’t go away

1. Concern is unlikely to dissipate

2. Professional regulation – extensions?

3. Inspection and clinical governance

4. Case law development

5. Review of No Secrets

20 may 2009

Concerns abounding

‘Care home worker stole £20k from residents’ Caring Times, April 2008.

‘Conmen who earn a fortune by preying on the old’, Daily Telegraph, 29 October 2002

‘Family of elderly woman who was robbed on her deathbed face red tape nightmare to see crime investigated’, Mail Online 26 June 2008

‘Daughter’s pleas over mother’s care home death’, Mail Online, 14 July 2008

‘Half a million ‘forgotten’ elderly victims of crime’, Mail Online, 7 November 2007

‘Police probe six deaths of care home residents’, Daily Telegraph, 24 September 2008

20 may 2009

The implications are

Fear? Mistrust? Blame cultures? Staff shortages? ‘Managing’

20 may 2009

2. Professional regulation

Lessons from POVA List (vetting and barring) Safeguarding Vulnerable Groups Act 2006

extending to Health Oct 2009 Changes to social care through personal

budgets – registration of some but not all – fears about transferring of risk

Voluntary registration of home care by 2011

20 may 2009

Implications for Care Homes

Employment and human resources work The importance of records Not stopping at checks Emerging case law eg MCA

20 may 2009

3 Case law developments

New offences under Mental Capacity Act 2005 of mistreatment and wilful neglect

Role of IMCA and Mental Health Advocates Use of Lasting Powers of Attorney and

Advance Decisions to refuse treatment DOLS - Deprivation of Liberty Safeguards –

new procedures

20 may 2009

Task extension

Finding sources of support, information and advice (particularly Adult Safeguarding team/leads in Trust and local authority)

Participating in local activities eg training, consultation, the ‘business’

Personal and professional indemnity Constructing thresholds Expert evidence Casting the law as obstructive or empowering

20 may 2009

4. Review of No secrets

Key questions around organisational relationships and funding

Potential of powers of entry and intervention, mandatory reporting

Rights to safeguarding NB Review of law and adult social care Development of agreed outcomes

20 may 2009

resources

Review of No secrets DH Action on Elder Abuse Ministry of Justice (MCA and Code of P) DH DOLS Code of Practice Home Office (SVG)