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Press release
Monday 25 June 2012




NATIONAL REPORT FINDS HALF OF LEARNING DISABILITY
SERVICES DID NOT MEET STANDARDS

   •   Care must be more focussed on individual people, says CQC


A Care Quality Commission (CQC) programme of inspections of services for people
with learning disabilities found that there was a one in two chance of people being in
a service that did not meet the required standards.

The findings are revealed in a national report that analyses the results of 145
unannounced inspections carried out in the wake of the abuse uncovered by the BBC
Panorama programme at Winterbourne View Hospital. Inspections focused on
examining the care and welfare of people who use services, and whether people
were safe from abuse.

CQC inspectors were joined by professional experts and ‘experts by experience’ –
people who have first hand experience of care or as a family carer and who can
provide the patient or carer perspective.

Overall, CQC found that nearly half the hospitals and care homes inspected did not
meet the required standards.

The inspections conclude that some assessment and treatment services admit
people for disproportionately long spells of time and that discharge arrangements
take too long to arrange.

CQC says this raises important questions about the patterns of commissioning
behaviour and practices across England and that there is now an urgent need for
commissioners to review the care plans for people in treatment and assessment
services so that they can move on to appropriate care settings.

The report also says there are still lessons to be learned by providers about the use
of restraint. There is an urgent need to reduce the use restraint, together with training
in the appropriate techniques for restraint when it is unavoidable.

Many of the failings identified by this report are the result of care not being centred
on the individual. CQC says that too often people are fitted into services rather than
services being tailored to people’s individual needs.
Of the 145 locations inspected:
    • 69 failed to meet one or both standards (of which 35 failed on both standards)
    • 41 met both standards, but with minor concerns
    • 35 fully met both standards with no concerns

The 145 locations were made up of:
   • 68 NHS Trusts providing assessment and treatment and secure services and
      includes two that were residential care homes
   • 45 Independent Healthcare Services providing assessment and treatments
      and secure services
   • 32 residential care homes providing residential care.

Independent Healthcare services (33 per cent compliant) were twice as likely to fail to
meet the standards as NHS providers (68 per cent compliant).

CQC inspectors have since returned to many services where concerns were
identified to check that improvements have been delivered. Where concerns were
identified the location was required to provide an action plan to show how they would
improve. All non compliant services will receive unannounced inspections.

Dame Jo Williams, Chair of the CQC, said: “People who use these services need
care and support and they and their families need to be treated with care and
respect. While our inspections found examples of good care, too often they found
that services were not meeting the individual needs of people.

“This isn’t about developing more guidance – there’s plenty of evidence about what
constitutes good care and good commissioning – it’s about making sure that
providers, commissioners and regulators focus on care that is based on individuals.

“Although many of the services we inspected were intended to be hospitals or places
where people’s needs were assessed, we found that some people were in these
services for too long, with not enough being done to help them move on to
appropriate community-based care.

“All too often, inspection teams found that people using services were at risk of being
restrained inappropriately because staff often did not understand what actions count
as restraint, and when restraint happened there was inadequate review of these
putting people at risk of harm or abuse.

“While the findings published today highlight serious concerns about the nature of
services for people with learning disabilities, we can offer some reassurance. There
is no evidence that points to abuse on the scale which was uncovered at
Winterbourne View Hospital.

“However every single case of poor care that we have found tells a human story and
there is plenty of room for improvement to help a group of people whose
circumstances make them particularly vulnerable.”

Where inspectors identified concerns, they raised these immediately with the
providers and managers of services. Specific safeguarding concerns were found at
27 (18%) of locations which required referral to the relevant local authority
safeguarding adult team. In these cases inspectors either requested the provider to
make the referral (which they followed up to confirm was done) or made the referral
themselves.
150 inspections were carried out as part of the programme. This national report
provides an analysis of the findings of 145 inspections as the first five pilot
inspections were excluded.

ends

For media enquiries call the CQC press office on 0207 448 9401

For general enquiries call 03000 616161

Notes to editors

Inspection teams made unannounced visits to 150 services. More than 100 were
NHS and independent services that provide services such as assessment and
treatment, rehabilitation and longer term care. The others were adult social care
locations.

They checked two outcomes:
   • Outcome 4 Care and welfare
   • Outcome 7 Safeguarding adults from abuse.

But where our inspectors found problems with other outcomes, they also reported on
these.

Our inspection teams were led by CQC inspectors, joined by ‘experts by experience’
- people who have experience of using services, either first hand or as a family carer
and who can provide the patient perspective and by a professional advisor.

CQC set up an advisory group to help it plan the programme. CQC’s Chair, Dame
Jo Williams, chairs the group. The members came from a range of voluntary,
charitable and other organisations that work with or represent people with learning
disabilities and their families.

The learning disability inspection programme was launched in response to the abuse
revealed by undercover filming by the BBC Panorama programme. CQC apologised
for failing to respond to warnings of abuse at Winterbourne View. Matters concerning
Winterbourne view are the subject of a serious case review which is expected to be
published later this year.

About the Care Quality Commission

The Care Quality Commission (CQC) is the independent regulator of health and
social care in England. We make sure that care in hospitals, dental practices,
ambulances, care homes, in people’s own homes, and elsewhere, meets
government standards of quality and safety - the standards anyone should expect
whenever or wherever they receive care. We also protect the interests of vulnerable
people, including those whose rights are restricted under the Mental Health Act.

We register services if they meet government standards, we make unannounced
inspections of services, both on a regular basis and in response to concerns, and we
carry out investigations into why care fails to improve. We continually monitor
information from our inspections, from information we collect nationally and locally,
and from the public, local groups, care workers and whistleblowers. We put the
views, experiences, health and wellbeing of people who use services at the centre of
our work and we have a range of powers we can use to take action if people are
getting poor care.

Further information
There is information on CQC’s web site about how to share concerns and complaints
about a social care service, a council, independent healthcare services, the NHS or
CQC. http://www.cqc.org.uk/contactus/howtoraiseaconcernorcomplaint.cfm

People can telephone concerns to CQC on 03000 616161

The Challenging Behaviour Foundation has provided this list of organisations
providing independent support to families with disabled relatives

Support for families
Families provide long term love, care and support for their disabled relatives, and
speak up for them. Even when people leave home, they do not leave the family.
Families continue to offer a lifetime of involvement and support, and know a great
deal about their relative’s needs and wishes, likes and dislikes.

When the services and support for a relative go wrong it can be very difficult for
families to deal with. They may be faced with a barrage of information and decisions
to take, as well as coming to terms with what has happened. It is important that
families know where they can get impartial information, and find out what support is
available to them. There is a list below of organisations which you may find useful.

It is important to note that family carers must be consulted and involved in key
decisions about the care and support of a relative who is unable to make these
decisions (unless you have specifically asked not to be involved). There is a proper
legal process that must be followed, under the Mental Capacity Act 2005. For
example, your relative cannot be moved to another service without involving you, and
others who know your relative well, in the decision-making process. For more
information about this, see “Making Decisions: A guide for family, friends and other
unpaid carers” Copies available by phoning 0300 456 0300 or download from
www.justice.gov.uk/guidance/protecting-the-vulnerable/mental-capacityact/index.htm

Organisations providing independent support
Ann Craft Trust: Provides advice to anyone who has a query about the protection of
vulnerable children and adults, including professionals, parents, carers and family
members.
Tel: 0115 9515400 (Mon-Thurs 9am-5pm, Fri 9am – 4.30pm) or
email: ann-craft-trust@nottingham.ac.uk

The Challenging Behaviour Foundation: Provides telephone and email support
from a Family Support Worker on challenging behaviour associated with severe
learning disabilities and related issues. Tel. 0845 6027885 or email:
info@thecbf.org.uk
Free information sheets and DVDs about good support for people who have a
learning disability and behaviour described as challenging.
www.challengingbehaviour.org.uk
Disability Law Service: Provides telephone or email advice on community care law.
Free to disabled people and their family carers www.dls.org.uk Tel: 020 77919800 e-
mail: advice@dls.org.uk

Mencap Learning Disability Helpline: Provides advice and information on all issues
relevant to people with learning disabilities and their families in England, Wales &
Northern Ireland.
England: Telephone: 0808 808 1111 Email: help@mencap.org.uk
Northern Ireland: 0808 808 1111 Email: mencapni@mencap.org.uk
Wales: 0808 808 1111 Email: information.wales@mencap.org.uk

National Autistic Society: If your relative has an Autistic Spectrum Condition you
can contact the National Autistic Society which offers advice and information to
people on the autism spectrum and their families: Mon-Fri, 10am –
4pm.www.autism.org.uk Tel: 0808 8004104 or email: autismhelpline@nas.org.uk

Hft Family Carer Support Service (FCSS): provides free information and support to
all family carers of people with learning disabilities. For help or more information call
0117 9061751; email familycarersupport@hft.org.uk; write to FCSS at Hft, 5 – 6
Brook Office Park, Emersons Green, Bristol BS16 7FL and see
www.hft.org.uk/family_carer_support

Respond: works with children and adults with learning disabilities who have
experienced abuse or trauma, as well as those who have abused others, through
psychotherapy, advocacy, campaigning and other support. Respond also runs a free
helpline: 0808 808 0700. If you call outside opening hours leave a message and
someone will get back to you. For more info see their website: www.respond.org.uk/

Voice UK: are a national charity supporting people with learning disabilities and other
vulnerable people who have experienced crime or abuse. They have a helpline for
carers, parents and professionals on 080 8802 8686 (Mon-Fri, 9am – 5pm) or email
helpline@voiceuk.org.uk

Other useful contacts:

Samaritans: Confidential emotional support 24 hours a day, 7 days a week to those
experiencing despair, distress or suicidal feelings. Tel: 08457 909090. Email:
jo@samaritans.org

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CQC press release - learning disability service

  • 1. Press release Monday 25 June 2012 NATIONAL REPORT FINDS HALF OF LEARNING DISABILITY SERVICES DID NOT MEET STANDARDS • Care must be more focussed on individual people, says CQC A Care Quality Commission (CQC) programme of inspections of services for people with learning disabilities found that there was a one in two chance of people being in a service that did not meet the required standards. The findings are revealed in a national report that analyses the results of 145 unannounced inspections carried out in the wake of the abuse uncovered by the BBC Panorama programme at Winterbourne View Hospital. Inspections focused on examining the care and welfare of people who use services, and whether people were safe from abuse. CQC inspectors were joined by professional experts and ‘experts by experience’ – people who have first hand experience of care or as a family carer and who can provide the patient or carer perspective. Overall, CQC found that nearly half the hospitals and care homes inspected did not meet the required standards. The inspections conclude that some assessment and treatment services admit people for disproportionately long spells of time and that discharge arrangements take too long to arrange. CQC says this raises important questions about the patterns of commissioning behaviour and practices across England and that there is now an urgent need for commissioners to review the care plans for people in treatment and assessment services so that they can move on to appropriate care settings. The report also says there are still lessons to be learned by providers about the use of restraint. There is an urgent need to reduce the use restraint, together with training in the appropriate techniques for restraint when it is unavoidable. Many of the failings identified by this report are the result of care not being centred on the individual. CQC says that too often people are fitted into services rather than services being tailored to people’s individual needs.
  • 2. Of the 145 locations inspected: • 69 failed to meet one or both standards (of which 35 failed on both standards) • 41 met both standards, but with minor concerns • 35 fully met both standards with no concerns The 145 locations were made up of: • 68 NHS Trusts providing assessment and treatment and secure services and includes two that were residential care homes • 45 Independent Healthcare Services providing assessment and treatments and secure services • 32 residential care homes providing residential care. Independent Healthcare services (33 per cent compliant) were twice as likely to fail to meet the standards as NHS providers (68 per cent compliant). CQC inspectors have since returned to many services where concerns were identified to check that improvements have been delivered. Where concerns were identified the location was required to provide an action plan to show how they would improve. All non compliant services will receive unannounced inspections. Dame Jo Williams, Chair of the CQC, said: “People who use these services need care and support and they and their families need to be treated with care and respect. While our inspections found examples of good care, too often they found that services were not meeting the individual needs of people. “This isn’t about developing more guidance – there’s plenty of evidence about what constitutes good care and good commissioning – it’s about making sure that providers, commissioners and regulators focus on care that is based on individuals. “Although many of the services we inspected were intended to be hospitals or places where people’s needs were assessed, we found that some people were in these services for too long, with not enough being done to help them move on to appropriate community-based care. “All too often, inspection teams found that people using services were at risk of being restrained inappropriately because staff often did not understand what actions count as restraint, and when restraint happened there was inadequate review of these putting people at risk of harm or abuse. “While the findings published today highlight serious concerns about the nature of services for people with learning disabilities, we can offer some reassurance. There is no evidence that points to abuse on the scale which was uncovered at Winterbourne View Hospital. “However every single case of poor care that we have found tells a human story and there is plenty of room for improvement to help a group of people whose circumstances make them particularly vulnerable.” Where inspectors identified concerns, they raised these immediately with the providers and managers of services. Specific safeguarding concerns were found at 27 (18%) of locations which required referral to the relevant local authority safeguarding adult team. In these cases inspectors either requested the provider to make the referral (which they followed up to confirm was done) or made the referral themselves.
  • 3. 150 inspections were carried out as part of the programme. This national report provides an analysis of the findings of 145 inspections as the first five pilot inspections were excluded. ends For media enquiries call the CQC press office on 0207 448 9401 For general enquiries call 03000 616161 Notes to editors Inspection teams made unannounced visits to 150 services. More than 100 were NHS and independent services that provide services such as assessment and treatment, rehabilitation and longer term care. The others were adult social care locations. They checked two outcomes: • Outcome 4 Care and welfare • Outcome 7 Safeguarding adults from abuse. But where our inspectors found problems with other outcomes, they also reported on these. Our inspection teams were led by CQC inspectors, joined by ‘experts by experience’ - people who have experience of using services, either first hand or as a family carer and who can provide the patient perspective and by a professional advisor. CQC set up an advisory group to help it plan the programme. CQC’s Chair, Dame Jo Williams, chairs the group. The members came from a range of voluntary, charitable and other organisations that work with or represent people with learning disabilities and their families. The learning disability inspection programme was launched in response to the abuse revealed by undercover filming by the BBC Panorama programme. CQC apologised for failing to respond to warnings of abuse at Winterbourne View. Matters concerning Winterbourne view are the subject of a serious case review which is expected to be published later this year. About the Care Quality Commission The Care Quality Commission (CQC) is the independent regulator of health and social care in England. We make sure that care in hospitals, dental practices, ambulances, care homes, in people’s own homes, and elsewhere, meets government standards of quality and safety - the standards anyone should expect whenever or wherever they receive care. We also protect the interests of vulnerable people, including those whose rights are restricted under the Mental Health Act. We register services if they meet government standards, we make unannounced inspections of services, both on a regular basis and in response to concerns, and we carry out investigations into why care fails to improve. We continually monitor information from our inspections, from information we collect nationally and locally,
  • 4. and from the public, local groups, care workers and whistleblowers. We put the views, experiences, health and wellbeing of people who use services at the centre of our work and we have a range of powers we can use to take action if people are getting poor care. Further information There is information on CQC’s web site about how to share concerns and complaints about a social care service, a council, independent healthcare services, the NHS or CQC. http://www.cqc.org.uk/contactus/howtoraiseaconcernorcomplaint.cfm People can telephone concerns to CQC on 03000 616161 The Challenging Behaviour Foundation has provided this list of organisations providing independent support to families with disabled relatives Support for families Families provide long term love, care and support for their disabled relatives, and speak up for them. Even when people leave home, they do not leave the family. Families continue to offer a lifetime of involvement and support, and know a great deal about their relative’s needs and wishes, likes and dislikes. When the services and support for a relative go wrong it can be very difficult for families to deal with. They may be faced with a barrage of information and decisions to take, as well as coming to terms with what has happened. It is important that families know where they can get impartial information, and find out what support is available to them. There is a list below of organisations which you may find useful. It is important to note that family carers must be consulted and involved in key decisions about the care and support of a relative who is unable to make these decisions (unless you have specifically asked not to be involved). There is a proper legal process that must be followed, under the Mental Capacity Act 2005. For example, your relative cannot be moved to another service without involving you, and others who know your relative well, in the decision-making process. For more information about this, see “Making Decisions: A guide for family, friends and other unpaid carers” Copies available by phoning 0300 456 0300 or download from www.justice.gov.uk/guidance/protecting-the-vulnerable/mental-capacityact/index.htm Organisations providing independent support Ann Craft Trust: Provides advice to anyone who has a query about the protection of vulnerable children and adults, including professionals, parents, carers and family members. Tel: 0115 9515400 (Mon-Thurs 9am-5pm, Fri 9am – 4.30pm) or email: ann-craft-trust@nottingham.ac.uk The Challenging Behaviour Foundation: Provides telephone and email support from a Family Support Worker on challenging behaviour associated with severe learning disabilities and related issues. Tel. 0845 6027885 or email: info@thecbf.org.uk Free information sheets and DVDs about good support for people who have a learning disability and behaviour described as challenging. www.challengingbehaviour.org.uk
  • 5. Disability Law Service: Provides telephone or email advice on community care law. Free to disabled people and their family carers www.dls.org.uk Tel: 020 77919800 e- mail: advice@dls.org.uk Mencap Learning Disability Helpline: Provides advice and information on all issues relevant to people with learning disabilities and their families in England, Wales & Northern Ireland. England: Telephone: 0808 808 1111 Email: help@mencap.org.uk Northern Ireland: 0808 808 1111 Email: mencapni@mencap.org.uk Wales: 0808 808 1111 Email: information.wales@mencap.org.uk National Autistic Society: If your relative has an Autistic Spectrum Condition you can contact the National Autistic Society which offers advice and information to people on the autism spectrum and their families: Mon-Fri, 10am – 4pm.www.autism.org.uk Tel: 0808 8004104 or email: autismhelpline@nas.org.uk Hft Family Carer Support Service (FCSS): provides free information and support to all family carers of people with learning disabilities. For help or more information call 0117 9061751; email familycarersupport@hft.org.uk; write to FCSS at Hft, 5 – 6 Brook Office Park, Emersons Green, Bristol BS16 7FL and see www.hft.org.uk/family_carer_support Respond: works with children and adults with learning disabilities who have experienced abuse or trauma, as well as those who have abused others, through psychotherapy, advocacy, campaigning and other support. Respond also runs a free helpline: 0808 808 0700. If you call outside opening hours leave a message and someone will get back to you. For more info see their website: www.respond.org.uk/ Voice UK: are a national charity supporting people with learning disabilities and other vulnerable people who have experienced crime or abuse. They have a helpline for carers, parents and professionals on 080 8802 8686 (Mon-Fri, 9am – 5pm) or email helpline@voiceuk.org.uk Other useful contacts: Samaritans: Confidential emotional support 24 hours a day, 7 days a week to those experiencing despair, distress or suicidal feelings. Tel: 08457 909090. Email: jo@samaritans.org