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Inside:
5 Chairman’s message
6-7 Commissioning procedures
8 UKHCA evidence to Commons
9 Chief Executive’s page
11 Employers’ duty of care
12-13 Members’ news
14 Better care fund
16-22 National reports:
16-17 Wales
18 Scotland
20-21 England
22 Northern Ireland
HomecarerMarch 2016
Ensuring high standards in home-
care has been UKHCA’s primary
aim since the Association was set
up in 1989.
At the time the homecare sector
was primed for huge expansion
with the advent of community care.
We launched our Code of Practice
for members at the House of
Commons in 1991.
A core benefit of membership, our
Code of Practice was an early initia-
tive to establish high standards for
the homecare sector, in an era
before statutory regulation.
The social care landscape has
altered significantly since then, but
the Code of Practice has remained a
well recognised beacon of good
practice.
Independent and voluntary sector
homecare providers have grown
and assumed responsibility for a
large slice of services that councils
used to carry out, playing a key
role in delivering a major public
service.
Homecare has helped improve the
lives of many thousands of older
and vulnerable people who need
care to live independently at home.
Residential care is no longer the
default option.
People who use services can now
make choices about how their care
should be delivered, and the out-
comes they want to achieve.
Homecare is also a vital partner
of the NHS, providing the support
that people need to be discharged
safely from hospital.
But there have been challenges.
Turn to page 3
Clare Jefferies, owner of Home
Instead Wimbledon and Kingston,
is the first homecare provider in
London to receive an ‘outstanding’
rating from CQC – See Page 13
Members’ helpline: 020 8661 8188 www.ukhca.co.uk @ukhca
1991
Code of Practice
for care provider members of
United Kingdom
Homecare Association
(UKHCA)
2016
New Code, same
commitment to
high quality care
2 Homecarer – March 2016
The number of people needing
care has grown as the population
expands and ages, placing pressure
on services and funding.
Care has become more complex
and careworkers now commonly
undertake tasks previously the
domain of district nurses.
Statutory regulation of care has
been introduced and evolved - pos-
ing numerous challenges for both
the regulator and the regulated.
Social care funding has been cut
savagely in the aftermath of the
financial crisis, reducing the support
people receive, increasing unmet
need and placing huge demands on
the NHS.
Providers have struggled with
commissioning rates that do not
reflect the actual costs of care,
making it harder to maintain the
quality that users deserve.
But throughout the UKHCA Code
of Practice has signalled UKHCA
members’ commitment to providing
high quality care and to aspiring to
the best, regardless of the chal-
lenges. The Code has been updated
several times to reflect the shifting
sands of social care - the current
version has been in place since
2007.
With many changes taking place
since 2007, we have comprehen-
sively reviewed the Code over the
past 12 months, and are now
delighted to announce a fully
revised Code of Practice, which all
care providing members of UKHCA
agree to abide by.
Developed with input from
members, including a membership-
wide consultation last autumn, the
new Code has been substantially
updated and simplified.
The new Code is in two parts –
Part 1 is a Statement of Principles
and Values to which all members
are required to commit. Part 2 is
Guidance about good quality, which
provider members should aspire to
at all times.
All new care providing members
of UKHCA will sign up to the
updated Code of Practice and
existing members will sign up to the
new Code as part of their annual
membership renewal.
UKHCA Chief Executive Bridget
Warr, who led the project team that
developed the new Code of Practice,
said: “I am delighted to launch the
new UKHCA Code of Practice, which
reflects our members’ continuing
commitment to our mission of
promoting high quality, sustainable
care services so people can
continue to live at home and in their
local community.
“I believe that the new Code will
promote the delivery of high quality
homecare in the twenty-first
century and provide a source of
aspiration and inspiration for our
members across the UK.”
Continued from front page
New code, same commitment to quality
How to get the UKHCA Code of Practice
l Printed copies will be sent to all new members and to existing members on renewal.
l Members can order extra printed copies in English or Welsh at: www.ukhca.co.uk/productlist.aspx?type=All or
download an order form from: www.ukhca.co.uk/downloads.aspx?id=32
l To read online, see: www.ukhca.co.uk/codeofpractice.aspx
l To download in English or Welsh, see: www.ukhca.co.uk/downloads.aspx?ID=128
If members have any queries regarding the new Code of Practice, please email membership@ukhca.co.uk
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Homecarer – March 2016 3
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4 Homecarer – March 2016
We have been warning for years
that cuts to social care funding
could leave some of the nation’s
most vulnerable people in jeop-
ardy.
Now the fear is the cuts are
behind the largest annual rise in
deaths in England and Wales for
almost half a century. The elderly,
and especially women, appear to be
victims of the growing crisis in the
NHS and social care. The figures
are provisional but they suggest an
urgent investigation is needed to
find out if the cuts are to blame.
I say urgent because there isn’t
time to spend years deliberating.
Stephen Dorrell, Norman Lamb
and Alan Milburn want to revive the
work of the Barker Commission with
a new commission on health and
social care for England.
Cross-party agreement on social
care and health is vital, but a com-
mission must not provide
Government with an excuse for
delay.
While the local government settle-
ment remains inadequate, we’ll con-
tinue to keep the pressure up to get
funding from all the sources avail-
able, including the Better Care Fund
and other resources currently fund-
ed through health.
During the period councils were
considering the settlement, we
wrote to over 8,500 elected mem-
bers of councils. Now, according to
the Local Government Association, 9
out of 10 councils are considering or
planning to use the 2% precept to
raise funding for adult social care in
2016/17. A step in the right direc-
tion but even if all councils take up
the 2%, a huge funding gap will
remain. Isn’t it the case that the
bulk of the 2% will be taken up
meeting the cost of introducing the
National Living Wage, rather than
improving care?
The public demand is out there for
better social care. BBC Radio 5’s
COMRES survey showed that people
of all ages think looking after people
is more important than filling pot-
holes in the roads. Some 74% of
those asked wanted to protect
council services for the elderly and
65% wanted to protect children's
services, evidence that we’ll be
using in the debate.
Demand for proper social care is
there and public opinion is behind
us. The problem is, getting that
message across strongly enough
that action is taken. My fear is that
the conciliatory, softly-softly
approach is no longer working and
we need to step up our game.
We have the local elections
coming up in England in May,
so there is another opportu-
nity, at grass roots level, to
get the message across
that we cannot go on as we
are. Please do use our
campaigning materials, like
our Minimum Price for
Homecare, to drive the
issues home.
We are producing homecare
manifestos for the elections in
Northern Ireland, Scotland and
Wales.
These will be campaign tools
drawn up to focus on the issues in
each devolved nation. Send them
to your MLAs, MSPs and AMs, and
rally everyone you can think of who
can help to bring about change.
As we go to press the Budget is
looming and we are waiting to see
what the Chancellor has in store for
us.
We want £700 million of funding
earmarked for social care through
the Better Care Fund by 2020 to be
released early, in 2016/17. We sup-
port the Local Government
Association’s view that funds must
be brought forward, and call for BCF
money to reach frontline homecare
and not be taken up by the struc-
tural costs of integration.
We still hope that Dilnot will be
implemented. The Department of
Health’s shared delivery plans for
2015-2020 include a cap on resi-
dential social care charges and a
limit on individual liabilities from
April 2020, so that is encouraging.
Above all, we want recognition
that the funding announced already,
via the 2% precept and Better Care
Fund, is not the end of the story.
We all know it falls woefully short.
The LGA say it. Researchers say it.
We say it.
At the moment the Government
has tried to solve the crisis by trying
to put a sticking plaster on a gaping
wound and that is never going to
work. Major surgery is needed now,
to save our homecare. Please sign
the Save our Homecare petition now
and ask all your careworkers and
their friends and families to do so
by Friday 25 March 2016 (see back
cover for details).
Mike Padgham
UKHCA Chair
Chairman’s message
Mike Padgham
Funding measures are a
start – but not enough
“
Demand for
proper social
care is there and
public opinion is
behind us. The
problem is,
getting that
message across
strongly enough
that action is
taken.
Homecarer – March 2016 5
6 Homecarer – March 2016
We all know that it is the
responsibility of commissioners
to determine a procedure to award
homecare contracts in a transpar-
ent manner and in a way which
treats all tenderers equally.
This means that the criteria for
the award of the contracts must be
clearly and fully set out within the
tender documentation.
But what happens when a tender-
er is sent the Standstill letter
(which informs bidders of the out-
come of the process) and the scores
that they have received appear to
be inconsistent with the evaluation
and scoring criteria?
We have been involved in a case
recently where a homecare provider
had taken part in a public procure-
ment exercise and had been suc-
cessful at Pre-Qualification stage.
Next they were asked to submit
answers to specific quality ques-
tions asked in the Invitation to
Tender, as well as to submit an
hourly rate based on a set weekly
volume of hours. Each method
statement was marked between 0
(fail) and 5 (excellent). No surprises
so far!
But, when the Standstill letter was
received, it delivered bad news and
our client was informed that they
had been unsuccessful. They were
provided with their overall scores
together with those of the success-
ful tenderers. However it was
unclear why they had been scored
so low for quality and why the win-
ning bidder had scored so high. The
client had not been provided with
adequate information on the rea-
sons for the scores, including the
characteristics and relative advan-
tages of the winning tenderers. This
is a clear requirement of the rele-
vant procurement regulations now
enshrined in Regulation 86 of the
Public Contracts Regulations 2015
(the “Regulations”). The Regulations
apply to all parts of the UK except
Scotland, where they will apply
from 18 April 2016.
Our client wrote to ask for proper
feedback and so did we, but it was
not provided. The dilemma for our
client and so many disappointed
tenderers is that without adequate
explanations, it is difficult to know
whether the process has been run
fairly and in compliance with the
Regulations or not. The added diffi-
culty is that the Regulations provide
very tight timescales for challenge.
Effectively, unless a claim is issued
at Court within 30 days from when
a tenderer knew or ought to have
known that there was the basis for
a claim, then any subsequent claim
will be out of time.
Usually, commissioners will pro-
vide sufficient feedback to enable
tenderers to understand why they
have not won. However in this case
it was not provided and on day 29
following the issue of the Standstill
letter, we were instructed to issue a
claim at Court.
It transpired during the course of
the legal proceedings that the pro-
curement team had retained little
Andrew Lancaster, partner in the Anthony Collins Solicitors LLP
Procurement Team, puts tendering under the spotlight.
Recent case shows missing
UKHCA’s Disclosure Service enables organisations
to complete criminal record checks on current or
prospective employees.
Preferential rates for UKHCA members.
Quickly submit applications online.
Support and guidance on applications to ensure
accuracy.
For more information or to register, please call:
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are doing an excellent job and
UKHCA member, Minster on Sea
“We use this regularly -
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UKHCA member, London
4’ 5”
4’ 0”
3’ 5”
4’ 5”
4’ 0”
3’ 5”3’ 5”
5’ 0”
5’ 5”
3’ 5”3’ 5”3’ 5”3’ 5”
Homecarer – March 2016 7
contemporaneous evaluation doc-
umentation, having destroyed the
notes made by evaluators after
the meeting in which tenders
were scored.
Upon receipt of the method
statements provided by the suc-
cessful tenderers, our advice was
that without the necessary
records, there was no adequate
explanation for the scores that
had been awarded and that this
breached the principles of equal
treatment and transparency in
the scoring of the bids.
Fortunately, there had been
another case like this one that
had recently gone through the
Courts in 2015, called Woods
Building Services v Milton Keynes
Council. This was a case where
Woods Building Services had been
tendering to provide asbestos ser-
vices to the Council and were not
appointed. It was almost on all
fours with the case of our home-
care provider, in that there was
also a complete lack of contempora-
neous records as to how the quality
questions were scored. The judge
said that if commissioners don’t
keep adequate records from the
evaluation panel to explain why
they scored the way they did, this
could automatically amount to a
breach of the Regulations because
there is a lack of transparency. The
judge even said what he thought
the scores should have been for
some of the questions and in his
judgment said that Woods should
have won.
Coming back to the case of the
home care provider, the Council
fought hard in the litigation to try to
persuade our client to discontinue
the process; it took great resolve to
keep going. Eventually, we got close
to trial and the Council said that
they would be prepared to attend a
mediation process. At the mediation
a confidential settlement was
reached where the Council agreed
to pay to our client a substantial
sum in damages for their lost profit
in failing to be awarded a contract.
So what should tenderers and
commissioners learn from these
cases, as they move through the
tender process?
On receipt of the tender documents,
tenderers need to consider whether
the documentation is sufficiently
clear for the tenderer to understand
the criteria against which their ten-
der will be measured. If not clarifi-
cation should be sought at that
stage and if necessary, advice
taken.
Commissioners should ensure that
evaluation panels keep contempora-
neous records of their decisions and
that these are preserved in case of
a challenge. Under the Regulations
Commissioners are required to keep
“sufficient documentation to justify
decisions taken in all stages of the
procurement procedure…”.
Does the de-briefing information
provided in any Standstill letter, or
subsequently, adequately explain
the reasons behind the scores
given? In a nutshell, there should
be sufficient information to under-
stand why you lost (if you did) and
why the winning tenderer won.
Commissioners should complete
de-brief material with reference
back to contemporaneous notes and
not try to explain the scores after
the event.
Remember to take advice early on
as there are very tight timescales.
Not every situation is hopeless for
a disappointed tenderer; sometimes
the process is fundamentally flawed
and should be re-run or the bid-
der should be compensated.
By taking early advice both
tenderers and commissioners can
ensure that the right process is
undertaken and challenges can
be kept to a minimum.
l Legal helpline: UKHCA mem-
bers are entitled to a limited
amount of free telephone advice
from our legal helpline on legal
topics, including procurement
issues, and quotes at preferential
rates from our preferred
solicitors. Call 020 8661 8188
(Option 4) for referral.
l Disclaimer: Whilst every effort
has been made to ensure the
accuracy of this article, advice
should be taken before action is
implemented or refrained from in
specific cases. No responsibility
can be accepted for action taken
or refrained from solely by refer-
ence to the contents of this arti-
cle.
“
Not every situation
is hopeless for a
disappointed
tenderer; sometimes
the process is
fundamentally
flawed and should
be re-run or the
bidder should be
compensated.
Andrew Lancaster
documents can prove costly
“The moment I walked
through the door of my
grandmother’s house and met
her carer, I knew that we had
been extremely lucky. She is
warm, kind and caring;
efficient and practical; very
respectful of my
grandmother’s needs and so
thoughtful. She is a wonderful
carer and any clients lucky
enough to have her in their
home will appreciate that.”
Relative of person who
received care from UKHCA
member, Vanguard Care
Please play your part by
sharing your great care
stories at:
ukhca.co.uk/greatcare
8 Homecarer – March 2016
The House of Commons Health Select Committee
recently closed an inquiry into the impact of last
year’s Comprehensive Spending Review on the provi-
sion of health and social care, to which UKHCA sub-
mitted extensive evidence.
The key areas of interest for the committee were: the
effectiveness of the 2% adult social care council tax
precept, the effectiveness of the enhanced Better Care
Fund allocation, the impact of deficits in the NHS and
social care and the implications for quality and access
to services.
Our key concerns were around the fact that all the
increased funding allocations for social care are back
loaded. This means the social care sector will not
receive the full sum of the additional money until
2019/20. For example the Better Care Fund allocation
will be introduced in the following increments:
l In 2016/17 there will be an additional £0;
l In 2017/18 there will be an additional £100 million;
l In 2018/19 there will be an additional £700 million;
and
l In 2019/20 there will be an additional £1.5 billion.
While the 2% precept will only raise £500 million in
2016/17 if every local authority chooses to implement
the precept. This of course is highly unlikely, indeed a
number of councils have already stated that they will
not implement the cap.
We made the point that the back loading of funding
when the system is already in deficit is not sufficient.
Especially given that UKHCA have forecast that the
state funded homecare sector in the UK will run at a
deficit of £753 million in 2016/17.
We made the case that operating costs for homecare
providers are continuing to increase at a rate that
council fee rates are not matching. Around 70% of the
hourly costs of providing homecare are made up by
labour and associated costs.
The National Living Wage will be introduced on 1st
April and will bring a significant cost pressure to home-
care providers. We stated that Government must com-
mit to adequately funding the sector to ensure this cost
is met.
It is also the case that an individual’s access to care
services has been restricted, in part by rising eligibility
criteria, but also by the reduced capacity within the
homecare sector. This has been one of the key drivers
behind the rapidly increasing rate of delayed discharges
from hospital for people awaiting a package of home-
care.
We showed how there has been a 110.5% increase in
the number of people experiencing a delayed transfer
date, while waiting for a package of homecare,
between February 2014 and November 2016.
It is the case that no sector within health and social
care sector sits in isolation. As such when homecare is
underfunded it fosters inefficiencies in the NHS in the
form of delayed discharges from hospital and has a
detrimental impact on people’s wellbeing.
In summary our key points were that the funding
offered in the Spending Review was too little and that it
was back loaded despite the fact that the sector is
already running at a substantial deficit.
Government must recognise the growing demand
side pressures faced by the sector, the increasing
operating costs and the impact that under funding any
part of the adult social care sector will have on NHS
efficiency.
Jonathon Holmes
UKHCA Policy Officer
l See how UKHCA responded in full here:
www.ukhca.co.uk/cons.aspx?id=232973
“
When homecare is
underfunded it fosters
inefficiencies in the NHS in
the form of delayed
discharges from hospital
and has a detrimental
impact on people’s
wellbeing.
UKHCA submits evidence to
the Health Select Committee
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Homecarer – March 2016 9
Chief Executive’s page
Our Code of Practice, to which all
care-providing members of UKHCA
agree to abide, has just been
revised, after consultation with
members and external bodies, into
a new, simpler format, so I would
like to take this opportunity to
remind all members that signing
up enables us to portray them as
being committed to quality service
delivery.
The code is now divided into two
parts; Part 1 is compulsory “rules of
the club” and part 2 portrays quality
homecare to which we assume all
members will aspire.
Following the publication of the
quick guide ‘Better Use of Care at
Home’, the working group that I
chair for NHS England is continuing
to develop tools that will ease
delayed transfers of care from hos-
pital to home. Three ‘Better Use of
Care at Home’ events, organised by
UKHCA and NHS England, have
taken place in Leeds, Southampton
and London. These events brought
together around two hundred pro-
fessionals from across homecare,
housing and health. The issues
raised and the possible solutions
drawn out will inform the work of
the Better Use of Care at Home
work stream, led by UKHCA and
plan for the next twelve months.
This will include practical products
designed for the front line to
improve understanding of homecare
and housing, and to increase the
uptake of homecare services across
the country. We are detecting a
growing desire across the health
sector to access homecare services
and to use them to help people
home from hospital, however our
support and that of our members is
needed to guide commissioning and
co-ordination processes. This is
what the work stream will be aiming
to do.
The Department of Health has
asked UKHCA to keep them
informed about local authorities’
commissioning practice, including
fee levels. An action group has
been set up to ensure this informa-
tion flows so please let Colin Angel,
UKHCA Policy and Campaigns
Director, have accurate details of
anything you want the Department
of Health to hear about (good and
bad!) Our action group will join up
with Care England (residential care
providers) to form an independent
cross section Task Force, which will
meet regularly with senior civil
servants and monitor the actions
taken by the Department of Health
in ensuring that local authorities are
complying fully with the require-
ments of the Care Act.
Skills for Care has invited me to
chair their newly formed Workforce
Work Development Forum that will
advise their board and help them
focus on the most effective areas of
work. With the continuing cuts in
the Department of Health and
development funding being hard
fought-for, this focus will prove par-
ticularly important. The forum has
representation from a wide range of
stakeholders in social care and
health.
We are particularly pleased to
welcome Mike Potts onto our Board
to help ensure that we are reaching
out appropriately to health
colleagues. Mike has a long and
impressive work history in the
health service, hospitals, communi-
ty care and the Department of
Health (see Mike’s profile on page
13).
This next quarter will see elec-
tions in each of the UK’s devolved
administrations. The elections will
provide another opportunity for
UKHCA and members to influence
political plans for social care and we
will be issuing national manifestos
in the coming weeks for the
devolved nations.
There has been a great deal of
work going on Wales and I do hope
that flow will not be disrupted by
pre-election “purdah”.
We are hoping that the Scottish
election will result in prioritising the
development of a policy that facili-
tates and encourages home-based
social care and removes barriers to
access. We would like to see
increased choice for service users.
Northern Ireland will go to the
polls on Thursday 5 May and we will
be keeping a close eye on what
happens and continuing to make a
strong case for homecare.
The same day will also see local
government elections in England
involving 128 local authorities.
Members will want to ensure their
representatives put social care at
the top of their priority list and, if
they have not already done so,
commit to the 2% council tax pre-
cept and the resulting homecare fee
uplift.
As I write, the issue of our EU
membership is at the forefront of
people’s minds. I envisage particu-
lar issues may arise around recruit-
ment and in-work benefits, but I will
be interested to see and hear mem-
bers’ concerns, so that we can be
sure we are reflecting your key
issues.
Bridget Warr
UKHCA Chief Executive
Bridget Warr
Putting homecare in the
forefront as elections loom
www.ukhca.co.uk
“
The elections will
provide another
opportunity for
UKHCA and
members to
influence political
plans for social
care.
10 Homecarer – March 2016
HOME CARE
RESIDENTIAL CARE
PUBLIC HEALTH
INTEGRATED CARE
COMMISSIONING
TECHNOLOGY ZONE
twitter.com/healthpluscare
healthpluscare.co.uk
DRIVING QUALITY,
INTEGRATION &
PERSON-CENTRED
CARE.
The UKHCA invites all members to receive complimentary
places to Health+Care on 29-30 June 2016 at Excel London.
The UKHCA have been part of the running of The Home Care Show section of Health+Care since the
show’s launch 4 years ago and we are VERY excited about the updates and fresh focus on the home
care sector at the event for 2016.
High quality home care services represent the future of social care, and The Home Care Show has an
important role in delivering that vision.
This event enables the managers and directors of home care agencies from all around the country
to discuss the big issues facing the sector - from regulation to the Living Wage - and make practical
improvements in their own businesses.
With increasing demand on your business and its employees, more complex clients, downward fee
pressures, intense competition and tighter regulation, home care agencies are feeling the pressure.
Add to this the fact there’s been a significant change in the commissioning and legislative landscape,
some care businesses are seriously questioning their sustainability. Attending Health+Care will act
as a safety net for your business, with answers and solutions to your biggest concerns.
UKHCA is changing our presence at the show this year! We’ll have a networking area, presentations,
a cloakroom, breakfast and refreshments all to maximise your enjoyment of the show!
HEALTH
PLUS
CARE
29-30JUNE2016EXCELLONDON
There are just 4,500 education
bursaries available for care professionals
to register for a complimentary pass.
Register at:
www.healthpluscare.co.uk/ukhca
HOME
CARE
SHOW
2016 SPEAKERS INCLUDE:
Bridget Warr
Chief Executive,
UKHCA
Colin Angel
Policy and Campaigns
Director, UKHCA
egister for a complimentary pass.to rto register for a complimentary pass.
e prbursaries available for carbursaries available for care pr
e just 4,500 educatione are are just 4,500 educationTherThere ar
egister for a complimentary pass.
ofessionalse pr
e just 4,500 education
e.co.uk/ukhca.healthpluscar.healthpluscare.co.uk/ukhcawww e.co.uk/ukhca
Register at:
Homecarer – March 2016 11
Helping people within their own
environment, domiciliary care
workers often work alone. Without
a clear understanding of the law,
the hazards and what preven-
tative measures should be
taken, employers leave their
people open to risk and themselves exposed
to employers’ liability claims.
Under the Health and Safety at Work Act 1974 and
the Management of Health and Safety at Work
Regulations, employers have a common law duty to
take reasonable care of their employees whilst carrying
out their employment duties. This includes providing
proper working systems, suitable materials, competent
colleagues and adequate supervision.
For homecare workers it is imperative to understand
fully the risks and precautions involved in every
situation. While they have a responsibility for taking
reasonable care of themselves and cooperating with
their employers in meeting legal obligations, it's the
employer's legal duty to assess possible risks and take
measures to avoid or control them.
A case in point
Briefed to get the client out of bed and dressed, our
homecare worker found the person they were support-
ing unable to cooperate with the careworker’s prompt-
ing and the bedroom small with little room to manoeu-
vre. Once up, the individual was unable to walk inde-
pendently. Suffering a back injury, an accident report
was completed the following day. The care worker
alleged fault with their employer because the risk posed
by manual handling operations had not been identified
and no equipment or steps to minimise or remove that
risk were in place. This left the employer in breach of
Regulation 3 of the Management of Health and Safety
at Work Regulations 1999 and Regulation 4 of the
Manual Handling Operations Regulations, and potential-
ly non- compliant with care regulatory requirements.
Your risk assessment
Managing the safety of your employees while also
taking into account the needs of the person being
supported is a fine balance, so involving your staff in
your risk assessment is good practice. In this way, you
can both more easily assess certain risks and put
suitable measures and systems in place, including
training, instruction, support, supervision, and the issue
of protective equipment, such as the lifting apparatus
needed in our case study.
Common hazards
Lone workers cannot easily liaise with colleagues, so as
well as normal health and safety concerns, they are
more vulnerable to other hazards,
including:
l driving in dangerous condi-
tions and rural or high-crime
areas;
l lifting people or manually
handling heavy objects;
l slips, trips and falls;
l aggressive animals;
l violence and abuse from service users and their fami-
lies;
l passive smoking; and
l exposure to household chemicals or dangerous sub-
stances.
It is also important for an employer to be aware of
any enhanced risk to particular staff, for example
young or inexperienced workers, pregnant women, and
those with health issues such as diabetes or epilepsy.
To help protect employees, once your risk assessment
is complete, it should be reviewed at least annually,
and whenever there has been significant change in
working practice.
Before an employee works alone, they should be ade-
quately trained to understand the risks involved and
safety measures adopted. Further, they should be suffi-
ciently competent in dealing with circumstances that
are new, unusual or beyond the scope of training,
knowing when to seek advice and how to handle
aggression.
Although lone workers cannot be subject to constant
supervision, the extent of supervision depends on the
risks involved and the ability of the worker to identify
and handle health and safety issues. Employees new to
a job, or to the situation in which they will be working,
may be more at risk, so may require more supervision
initially.
The level of supervision required is a management
decision, based on the findings of the risk assessment,
and should not be left to the employee's discretion.
Safekeeping lone workers, protecting business
Many measures can be put into place to help ensure
the safety of lone workers. From periodically accompa-
nying employees working alone, regular phone, radio or
email contact ensuring clear communication especially
in emergency situations, through to automatic warning
signals if planned contact is not made and checks to
ensure the care worker has returned to their base upon
task completion.
Establishing clear best practice procedures, including
risk assessments, can help reduce the chances of inci-
dents occurring, protecting employees and those plac-
ing themselves in your care, and safeguarding your
business from costly employers' liability claims.
l Towergate Insurance has been providing specialist
broking services to the caring sector for more than 30
years. We can help protect your business, employees
and those you serve with cover from a leading insurer.*
l We offer all UKHCA members a 10% discount as well
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“
Before an employee works
alone, they should be
adequately trained to
understand the risks involved
and safety measures adopted
Members’ news
National homecare provider
Caremark Limited hosted their 9th
annual conference at the end
January in Warwickshire.
Franchisees from across the UK
and Ireland enjoyed stimulating pre-
sentations which included an update
from Andrew Heffernan, UKHCA
Membership and Marketing Director
and Sarah King, UKHCA Membership
Development Officer. The Packed
agenda covered all the focal topics
currently being discussed in social
care.
Andrew Heffernan said: “It’s
always great to have the opportunity
to meet with groups of our members
and hear about how they are rising
to and overcoming the challenges in
the market. The positive mood at
the conference is a testament to the
commitment of all those attending
to providing great care to their
clients and a supportive environ-
ment for their care teams.”
The homecare provider has also
announced an increase hourly pay
rate for all Pulborough care and sup-
port worker staff from 1 February
2016.
Kevin Lewis, Caremark Limited’s
owner and founder commented: “We
are delighted to be able to offer our
careworkers this uplift in pay. The
need for well trained, compassionate
care staff is ongoing to meet the
increasing need in the local market.
“We feel these increases will
enable us to continue attracting and
recruiting the very best staff and
retain the excellent care workers
currently delivering a high quality
service to all our clients
“We want to recognise and reward
our care workers for the fantastic
service they provide in our local
community.”
www.caremark.co.uk
Chelsie Hart, a Bluebird Care Croydon employee took
the Care Coordinator of the Year accolade at the Great
London Care Awards on Saturday 30 January, Hilton
Bankside Hotel, London.
Chelsie commented: “My role is challenging and reward-
ing. Communication is the key. I try to ensure that each
customer has continuity of care and that our staff wishes
are taken into consideration when planning care rotas.”
Bluebird Care Croydon also scored more wins with a
record eight finalists picking up awards:
l Mandy Sparks – Registered Home Care Manager
l Victoria Adusei – Home Care worker of the Year
l Mary Powell – Dementia Award
l Wendy Harman – Frontline Leaders Award
l Anna Cooper – Care Newcomer Award
l Amanda Edmonds – Dignity in Care Award
l Dean Slade & Bluebird Care Croydon – Employer of the
Year Award
Dean Slade, Director of Bluebird Care Croydon said:
“We are absolutely thrilled that against tough competition
we have an amazing record eight staff who won awards.
These awards are great news and I am so pleased for our
staff members, it goes to show that there are some great
examples of quality homecare in the Borough of Croydon.”
For details of the Care Awards and information about
other winners visit: www.care-awards.co.uk
Chelsie and colleagues
clinch care awards
UKHCA staff address national
provider’s annual conference
UKHCA Membership and Marketing Director Andrew Heffernan addresses
the conference
12 Homecarer – March 2016
UKHCA welcomes Mike Potts to the UKHCA Board, who brings a
wealth of experience to his role as a Co-opted member; he will
help the board understand and develop UKHCA health issues.
Mike’s NHS career has spanned over 39 years, with over 12 years
working as a Chief Executive of three high performing commissioning
organisations in West Yorkshire. For more than 20 years he has held
board level leadership roles in acute hospitals, primary care, commu-
nity services and commissioning organisations and has worked suc-
cessfully at the interface between health and social care.
Mike has led successful multi agency major strategic change and
service reconfiguration in the NHS, including responding to major
financial and service challenges across health economies. He has
experience of major NHS procurement, leading major local, regional
and national service reviews, working with local and national politi-
cians and has supported challenged organisations including as an
interim CEO.
Bridget Warr, UKHCA Chief Executive Officer, said: “We are delight-
ed to have Mike on the UKHCA board and I am confident that he will
make a very worthwhile contribution to our organisation and social
care as a whole.
“He brings a wealth of knowledge and experience in the health care
sector that will undoubtedly be of great value to us and our members.
Mike Potts responded: “It’s great to have the opportunity to work
with UKHCA particularly during this time of integration between
health and social care.”
Members’ news
Home Instead Senior Care (Wimbledon and Kingston office) has
become the first homecare provider in London to receive an
‘Outstanding’ rating from the Care Quality Commission.
Clare Jefferies, mother of two, opened the Wimbledon and
Kingston office in 2011 after being inspired to become part of the
domiciliary sector through experiencing poor quality care when both
her parents fell terminally ill. She now has 130 clients and a team of
100 homecare workers.
“When my parents needed care, I often dreamed of having another
me, a ‘carbon copy daughter’ who could help look after them just the
way I would do, with kindness and dignity. That’s the kind of care
we deliver, said Clare.
Clare lost her father to Motor Neurone Disease and her mother to
cancer within seven months of each other. Having seen an endless
stream of different faces visiting her parents, careworkers with little
time, who didn’t know her loved ones, their strengths and weakness-
es, she wanted to make a stand for quality homecare in London.
“My father had a fantastic sense of humour. Watching him receive
care a from a stream of people, who had no idea what Motor
Neurone disease was, let alone knowledge of my parents situation
was really hard to watch. He was often spoken to as if he was a deaf
stupid old man. He was only 62 when he died”, said Clare.
Sally Warren, CQC’s Deputy Chief Inspector for Adult Social Care,
said: “People we spoke with were very positive about the service and
the ability of staff to respond to their changing needs. Staff demon-
strated a sound understanding of the differing needs of the people in
their care and reflected these needs when planning and delivering
services. This is a great example of what outstanding care looks
like.”
For more details about Home Instead Wimbledon and Kingston
visit: www.homeinstead.co.uk/wimbledonandkingston
‘Outstanding’ success sees
Clare’s dream come true
Mike brings his wealth of
experience to UKHCA board
Homecarer – March 2016 13
The Better Care Fund (BCF) pro-
vides an opportunity to improve
the lives of some of the most vul-
nerable people in our society,
placing them at the centre of their
own care and support, and, in
doing so, providing them with a
better service and better quality of
life.
The programme is a unique col-
laboration between NHS England,
Department for Communities and
Local Government, Department of
Health and the Local Government
Association. These partners work
closely together to help local areas
to plan and implement genuine
integrated, person-centred health
and social care services across
England in line with the vision out-
lined in the NHS Five Year Forward
View.
The BCF is one of the most ambi-
tious programmes ever introduced
across the NHS and local govern-
ment. It takes the form of a local
single pooled budget – the total for
which as yet to be confirmed for
2016/7 at the time of going to
press – to allow the NHS and local
government to work more closely
together, specifically to ’join up’ the
health and social care offerings
required by service users as seam-
lessly as possible.
We are just approaching the end
of the first year of the BCF. All local
areas now have projects under way
and are starting to deliver real
change to their local health and
social care system. While transfor-
mation on this scale is not going to
happen overnight, significant
investment has already been made
to establish strong foundations
moving forward and we expect to
see more and more examples of an
integrated care service in practice
in the near future.
What an integrated system looks like
As we are aware from regular com-
ments and feedback from all
involved, if health, care and support
is to become genuinely ‘integrated’,
it must be person-centred, coordi-
nated, and tailored to the needs
and preferences of the individual,
their carer and family.
As you have also told us, to
achieve such a system we need to
move away from episodic care to a
more holistic approach to health,
care and support requirements,
ensuring the needs, preferences
and experiences of people drive the
way that the services they need to
access are organised and delivered.
The Better Care Fund aims to join
up health and social care services
so that people can manage their
own health and wellbeing, and live
independently in their communities
for as long as possible.
Homecare providers are just
beginning to see the impact of the
pooled funding on the ground, as
more and more initiatives are bed-
ding in and making a tangible dif-
ference to front line activities and
service user experience, some
examples of which are in the follow-
ing regions:
Hastings and Rother CCG in
East Sussex are incorporating the
BCF as one of their key mechanisms
as part of a phased approach to
delivering high quality, safe and
sustainable care at scale and pace.
Healthwatch Wiltshire has
proactively been engaging patients
and service users as part of the
local BCF initiatives. Friendly, infor-
mal, face to face feedback sessions
have been taking part on hospital
wards, in care homes and at the
homes of older people who are cur-
rent – or very recent – users of
health and care systems, to find out
what they have experienced and
how it could have been improved
upon.
In Trafford North, the BCF is
being applied to a new Traffic Care
Co-Ordination Centre (TCCC), an
innovative care model based on an
air traffic control system, tracking
patients and guiding them to the
best options and care according to
each individual’s needs.
To this end, every service user
is assigned a designated care
co-ordinator to make practical
arrangements such as booking
appointments or arranging trans-
portation to and from a hospital.
The continuous tracking of patients
allows Trafford CCG to understand
what kind of services are needed,
helping to accurately inform future
planning of budgets and commis-
sioning decisions.
Meanwhile the west of the country
is also implementing BCF initiatives
to significant effect. For example, at
the Torbay Care Trust, care is being
provided by multidisciplinary health
and social care teams. Here care
co-ordinators are working in
geographical ‘zones’ aligned to
general practices to provide a range
of services meeting the specific
needs of older people following
discharge from hospital.
Nearby, the South Devon and
Torbay Clinical Commissioning
Group have introduced proactive
case management of at-risk older
people, using predictive risk tools.
This has provided an added capabil-
ity to intervene before hospitalisa-
tion occurs. These teams also pro-
vide ongoing care and support in
the home environment.
As the many projects and pro-
grammes around the country gather
momentum, we are hoping very
much to see increased involvement
on the part of home carers and
homecare providers. We would urge
you to engage as much as possible,
as soon as possible, with Local
Authorities in order to establish col-
laborative arrangements that will
result in an integrated health and
social care system that demonstra-
bly meets the needs of service
users.
Sign up with the Better Care Exchange
to find out more
The Better Care Exchange is a col-
laborative, online community portal
that we have designed specifically
for those working to integrate
health and social care services.
Taking the form of a constantly
evolving ‘learning hub’ that pools
information and shares knowledge
around BCF implementation good
practice, the Better Care Exchange
also provides a vital virtual net-
working tool.
l Membership is free – if you would
like to join, please visit
http://bettercare.tibbr.com
l For more information and to
contact the Better Care Fund team
to download our latest publications
and guidance, please go to:
www.england.nhs.uk/ourwork/part-
rel/transformation-fund/bcf-plan/
l To find out more about our team
and our work or sign up for our
weekly BCF Bulletin, please email:
england.bettercaresupport@nhs.net
Julia Battersby
Better Care Fund
The Better Care Fund –
making integration happen
“
We need to move
away from
episodic care to a
more holistic
approach to
health, care and
support
requirements.
14 Homecarer – March 2016
The homecare sector is hearing about the Better Care Fund, but
often not yet seeing the results. UKHCA asked Julia Battersby
from the Better Care Fund to explain how it’s developing.
Homecarer – March 2016 15
National reports – Wales
January witnessed the enactment
of the Regulation and Inspection
of Social Care (Wales) Bill.
Regulations, which will be laid in
April 2017 and implemented in
stages between 2017 and 2019, aim
to put meat on the bones of the
legislative framework, guiding the
sector, the public and the regulator
as to what they might expect to see
from care services and how they
might approach the newest law of
this Government.
As UKHCA had put a considerable
amount of work into the build-up to
the Act, we were invited by Welsh
Government to participate in the
first round of Technical Groups that
will look into what will make up the
regulations.
This is something that has allowed
us to highlight the unique nature of
the domiciliary care sector and to
bring balance to a legal structure
which may shape social care in
Wales for many years.
The initial Technical Groups were
divided into two subject areas, ‘ser-
vice regulations’ and ‘workforce reg-
ulations’. Questions under consider-
ation ranged from ‘what constitutes
a social care worker?’ to ‘what infor-
mation should be included on a
register for domiciliary care workers.
Much of what we put forward
focused on the need to understand
the variation of the care sector, the
operating environment in which the
Act finds itself and the dangers of
placing onerous demands on a
workforce that is already stretched.
The Regulation and Inspection of
Social Care (Wales) Act 2016 will
lead to all domiciliary care workers
being required to register with
Social Care Wales, an organisation
evolved from the Care Council for
Wales. This new body will be given
greater autonomy to be innovative
and forward thinking, and will be
expected to provide support through
training and qualifications to all cor-
ners of the social care sector. The
Act also pushes forward the inten-
tion for outcomes based care mod-
els, with inspections expected to
look at how domiciliary care services
help to deliver outcomes specified
by the individual and their family.
The impending Welsh Assembly
elections provide the opportunity for
all involved in the Act to pause for
breath and for reflection. Following
the elections, civil servants will
reconvene to piece together the
remainder of the regulations for the
Act, with invitations already being
put forward to UKHCA to advise on
the next stages of development.
Dominic Carter
UKHCA Policy Officer
UKHCA lending expertise
to Regulation and Inspection
Have your say on recruitment and retention
A reminder the Welsh Government is asking for
providers' views on potential actions to improve the
recruitment and retention of domiciliary care workers.
This important consultation includes proposals to:
l restrict zero hours contracts by number of care hours
or the percentage of care hours domiciliary care
providers can deliver;
l give Care and Social Services Inspectorate Wales
powers to carry out NMW compliance checks when
inspecting providers;
l give CSSIW powers to introduce measures to 'prevent
call clipping, a process whereby calls are systematically
cut short as care workers either do not have enough or
any time to travel between calls.'
l More from: http://gov.wales/newsroom/healthand
socialcare/2016/150119proposals/?lang=en
UKHCA Training
Workshop
Programme 2016
For further details, including prices and other locations, or to book - please visit
www.ukhca.co.uk/conferences or call 020 8661 8185.
Please note all workshops require a minimum number of delegates to run and programmes
and venues may be subject to change.
Care Co-ordinator responsibilities
• 27th April, Birmingham
• 1st June 2016, Manchester
CQC - proving compliance
• 16th March, Birmingham
• 5th April, Hackbridge
• 19th May, Newcastle
End of life train the trainer
• 8th June, Cardiff
• 14th June, Hackbridge
Medication train the trainer
• 4th May, Bristol
• 18th May, Central London
Registered Managers
• 13th April, Manchester
• 12th May, Birmingham
Tendering for Homecare
Services
• 5th July, Hackbridge
16 Homecarer – March 2016
National reports – Wales
At the turn of the year the
National Provider Forum, chaired
by UKHCA, wrote a joint plea with
the National Commissioning Board
to Welsh Government.
The letter, signed by the Vice
President of the Association of
Directors of Social Services Cymru
(ADSSC) Dave Street and leading
members of the NPF, outlined the
dangers of an underfunded National
Living Wage, to be introduced from
April, to the stability of the care sec-
tor. This included the likelihood of
providers leaving the market and a
reduction in the amount of care
being commissioned at a time of
increasing need.
The level of concern over the
future viability of care in Wales is
demonstrated by this rare partner-
ship between traditional adversaries
local authority commissioners and
care provider representatives,
including the third sector.
In late January we received a
response from Minister for Health
Mark Drakeford. Disappointingly it
offered little in the way of how this
issue will be resolved, citing the
NLW to not be a devolved matter.
Clearly this remains something that
will need both the Association and
our members to be vocal about,
from meetings with local authorities
to joint messages to central and
Welsh Government.
However, within his response the
Minister did at least offer a sense
that he understood some of the
issues facing social care regarding
the NLW, a willingness to engage
further with providers to search for
solutions, and an ambition to look
into market stability in the domicil-
iary care sector.
The Minister and his team will be
looking closely at responses to the
current consultation on the domicil-
iary care workforce, where UKHCA
will once again put forward the
arguments on behalf of homecare
providers. There are also actions in
place to establish a domiciliary care
specific steering group, with UKHCA
playing a leading role, to assist
senior civil servants look into the
unique challenges faced by
providers of homecare across Wales.
Coupled with the review of domicil-
iary care being undertaken by
CSSIW, there is evidently a gradual
rise towards the top of the agenda,
with influential decision makers
plainly seeking a clearer picture.
National reports
Wales
l Response from Health Minister to UKHCA: www.ukhca.co.uk/pdfs/MarkDrakefordLetter31012016.pdf
l Original letter: www.cymru.org.uk/files/2514/5216/7559/Letter
Minister’s letter shows an
awareness of Living Wage issues
Homecarer – March 2016 17
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National reports – Scotland
First Minister Nicola Sturgeon
reviewed the future of health and
care services in Scotland during a
speech at Edinburgh’s Queen
Margaret University on 10
February 2016.
Nicola Sturgeon’s view is that the
quality of education for care staff
will determine how well Scottish
health and social care services
respond to the many challenges
that will arise in the coming years
from technological advances, phar-
maceutical developments and
demographic changes. She said:
“As more people live longer, it will
have a direct impact on where and
how we deliver health and care ser-
vices”.
The First Minister announced the
imminent launch of the new
National Clinical Strategy which sets
out how health and care services
will meet people’s needs in the
years and decades ahead.
A key element of this approach
was summed up in the First
Minister’s statement that: “For all
the complexity involved in deliver-
ing modern health and care ser-
vices, the basic argument I’m going
to make is actually a very simple
one. It’s this - care should always
be delivered as locally as possible.
In fact, when possible, it should be
delivered at home. That’s not a new
idea, but it is even more important
now than it has been in previous
decades. As more people live for
longer, we need to support them to
live as independently and healthily
as possible”.
The First Minister recognised two
significant issues for homecare
providers. Firstly, the problems that
delayed discharges from hospital
into a safe and supporting home-
care service can create for service-
users. Nicola Sturgeon commented
that “when people can’t leave hos-
pital because care and support
arrangements aren’t in place for
them at home. It’s bad for the
patients, and it’s expensive and
wasteful for the health service as a
whole”.
Secondly, the First Minister identi-
fied the impact of the National
Living Wage on the sector from
April this year. Her statement that
“…carers are essential to the quality
of life, the dignity, and the indepen-
dence of hundreds of thousands of
people. Paying the living wage is
just one way – but a very important
way – of demonstrating that we
value their expertise, compassion
and commitment” followed her
pledge that the Scottish
Government would help to fund the
increased costs to the health and
social care sector of the improve-
ments in wages.
UKHCA awaits developments on
how this pledge will be translated
into improved fees for homecare
providers, so that the aspiration of
a Fairer Scotland for care staff can
be realised.
The full text of the First Minister’s
address can be accessed at:
http://news.scotland.gov.uk/Speeches-
Briefings/Health-policy-2277.aspx
National reports
Scotland
In the meantime, the legislative agenda in Scotland
continues apace with several developments in various
stages of progress.
The final stage of the legislative process has seen
the Carers (Scotland) Bill approved by the Scottish
Parliament. When this passes into law, after Royal
Assent, it will create two important new measures to
support carers. Firstly, it will place a joint requirement
on both Scottish councils and their local NHS partners
to develop a local carers’ strategy that will support
the right to request an adult carer support plan.
Secondly, family carers will now have a legal right to
be involved in the plans concerning the discharge
from hospital of a cared-for person.
A report on the results of the recent consultation on
the revised Scottish National Care Standards was due
to be published in February (after Homecarer went to
press) and will be available on the Care Inspectorate
website at www.newcarestandards.scot.
UKHCA responded to the consultation in November
2015. The National Care Standards focus on seven
elements, namely respect, compassion, inclusion,
fairness, responsiveness, safety and personal wellbe-
ing. In our submission we suggested that the most
effective way of delivering these laudable characteris-
tics would be to focus on a commissioning strategy
that prioritises preventative services, such as home-
care, to avoid unnecessary hospital or care home
admissions. This would also speed up the integration
of services which could take several years at the cur-
rent rate of progress.
The new National Care Standards will be imple-
mented from April 2017 and will form the basis of all
inspections of registered services carried out by the
Care Inspectorate.
Duncan White
UKHCA Senior Campaigns Officer
l Carers (Scotland) Bill: www.scottish.parliament.uk/parliamentarybusiness/Bills/86987.aspx
l National Care Standards Review: www.newcarestandards.scot/
Legal developments continue apace
First Minister says care
should be delivered at home
Nicola Sturgeon
18 Homecarer – March 2016
Homecarer – March 2016 19
20 Homecarer – March 2016
National reports – England
The Care Quality Commission
has released a consultation on
their proposed strategy for the
next five years.
‘Shaping the future’, a thirty
four page document with eight
key questions, contains some
interesting elements that sug-
gest a growing understanding
and appreciation for the operat-
ing environment of care provi-
sion, in addition to a lot of what
we have already seen before.
The overall vision for the regu-
lator remains largely the same,
with ‘quality regulation’ making
a ‘real and positive difference to
the lives of people who use ser-
vices’. Being ‘professional, con-
sistent, transparent and fair’
continues as the jargon used
long before CQC was formed,
yet the overwhelming feedback
from members to our helpline
suggests this is yet to be
realised.
The UKHCA response focuses
heavily on the need for CQC to
be efficient, effective and inde-
pendent, particularly as the
regulator moves towards a model
where the majority of costs are
borne by the providers they are
tasked with inspecting rather than
the Government.
We expressed concern at plans to
adapt how CQC chooses how often
to inspect. Proposals suggest a
provider who has performed well
may be left alone for an extended
period of time, whereas those at
‘higher risk’ would be monitored
more closely and visited more fre-
quently.
It is our belief that for providers
who receive a lower rating, time
and resources that should be spent
on improvement and service users
would be increasingly channelled to
interacting with CQC. There is a
danger that focus could be diverted
from meeting the requirements of
the individual and their family to
fulfilling the regulator’s demands.
For providers who have performed
well, while some time away from
CQC might initially sound appealing,
in reality potential service users are
likely to be wary about a provider
with a public facing report that is
two years old or more. Additionally
it is likely to encourage local
authorities to increase their own
monitoring processes, diverting
money away from frontline services
and resulting in duplication of the
role CQC have been tasked with. It
is also rather unfair to providers
who will all be expected to stump
up an increasingly significant fee for
their registration, regardless of
inspection frequency.
Frustratingly, despite an increas-
ing recognition in policy circles of
the importance of social care to the
health and care system and the
desire to integrate the two aspects,
the consultation and strategy rein-
forces the long standing prioritisa-
tion of health over social care. We
argued that integration did not
mean treating social care as an
extension of the health sector, and
that to do so in terms of regulation
would only serve to harm the end
user. While health and care must
pursue more co-ordinated working,
there remains many unique aspects
of the homecare sector that CQC,
throughout the organisation, need
to understand if regulation is to be
effective and fair.
Our response also chal-
lenged how far CQC could be
seen as an ‘independent
voice’, when at present it still
conveys the impression that
its independence is limited by
a need to provide public
messages which are palatable
to central Government.
There are, however, reasons
to be hopeful for the future.
For instance, clear reference
that ‘current pressures on the
adult social care sector will
continue as more people need
care and costs increase, for
example as the national mini-
mum wage rises.’ There is also
concern raised at the risk of
local authorities ‘sacrificing
quality in favour of policies
designed to make financial sav-
ings.’
The consultation also outlines
intentions to speed up how
quickly reports are published
following inspection, an issue
that has been raised by
providers, particularly when it is
a return inspection to judge
progress.
There appears to be a slight
shift in how CQC encourages
improvement. Often we hear of
providers exasperated that their
inspector has declared their
approach unsuitable yet will not
provide any guidance on how to
proceed. The new strategy talks of
‘encouraging improvement’, mostly
through sharing examples of good
practice. This may not remove the
inconsistency witnessed or bring
clarity to the grey area between
‘right and wrong’, but it does imply
a greater recognition of their role to
helping with learning for improve-
ment.
Furthermore the overall tone of
the document shows a growing
interest in promoting good practice,
highlighting where good care has
been found and how it was
achieved, in addition to issues and
failures. This is an important step,
and one we welcomed in our
response, as it can go some way to
providing reassurance to the public
and bringing some balance to nega-
tive media coverage.
Dominic Carter
UKHCA Policy Officer
l CQC’s strategy 2016 to 2021 ‘Shaping the future’: www.cqc.org.uk/content/2016-2021-strategy-consultation
l UKHCA’s response will be uploaded to www.ukhca.co.uk/cons.aspx in mid-March.
CQC’s five-year strategy shows
signs of mutual understanding
Homecarer – March 2016 21
National reports – England
One year on from the sector’s
biggest legislative reform
The Care Act 2014 came into force
on 1 April 2015, It was, and
remains, the biggest legislative
reform that adult social care in
England has ever seen.
The Act introduced into law for
the first time:
l A right to a personal budget;
l A statutory definition of wellbeing;
l Placing an obligation on local
authorities shape their local care
market, ensuring sustainability and
securing market supply via con-
tracting; and
l Compelling local authorities to
work towards full integration of
health and social care services.
It has been widely noted that the
Care Bill’s passage through
Parliament happened very quietly,
testament to the broad cross party
consensus around the Act.
However, it is also a matter of fact
that the Act carries with it a consid-
erable cost burden for local authori-
ties, while at the same time
Government funding allocations to
councils have been reduced signifi-
cantly.
Early findings from the most
recent Care Act stocktake, conduct-
ed by ADASS, the Local
Government Association (LGA) and
the Department of Health, indicate
that local authorities have growing
anxieties around budgeting for the
Act and workforce stability. There
has also been a significant fall in
confidence that councils will have
sufficient finances to meet the costs
of implementing the Care Act
through 2016/17.
Many councils reported that emer-
gency admissions and delayed
transfers of care were impacting on
the local provider market, and that
uncertainty around the funding of
the National Living Wage was
prevalent.
To an extent Government has
recognised these cost pressures,
having taken the surprising step
of shelving the implementation of
the Dilnot cap on the costs of
care until 2020. The cap was
supposed to have been implement-
ed in April 2016, and had been a
key manifesto commitment of the
Conservative Party, prior to the
General Election last year.
The Local Government Association
wrote to Alistair Burt MP, Minister
of State for Community and Social
Care shortly after the General
Election, detailing their concerns
that local government quite simply
could not afford to implement the
Dilnot cap so soon.
The Minister and his Department
responded by conceding that local
government finances were not suffi-
ciently robust to absorb the costs of
implementing the Dilnot reforms.
The Minister was right to acknowl-
edge the poor state of local authori-
ty finances. Reduced funding from
central government and the growing
costs associated with implementing
the Care Act alongside other
demand side pressures have
impacted greatly on councils nation-
ally. This has led to some comment-
ing on individual council’s compli-
ance with the Act.
Southampton City Council recently
came under criticism following a
decision to set an upper limit on
personal budgets for people receiv-
ing homecare.
The council considered reviewing
all personal budgets for homecare
that were at or above £500 per
week. They later abandoned these
plans following warnings that they
may face legal challenge for failing
to adhere to their statutory duties
under the Care Act.
These state: “The local authority
should not set arbitrary upper limits
on the costs it is willing to pay
to meet needs through certain
routes – doing so would not deliver
an approach that is person-centred
or compatible with public law
principles.
“The authority may take decisions
on a case-by-case basis which
weigh up the total costs of different
potential options for meeting needs,
and include the cost as a relevant
factor in deciding between suitable
alternative options for meeting
needs. This does not mean choosing
the cheapest option; but the
one which delivers the outcomes
desired for the best value.” [See
Note]
It has also been noted that many
councils are struggling to meet
their statutory duty to maintain
market stability.
The May 2015 Care Act’s
stocktake found that 58% of coun-
cils had a robust and comprehen-
sive understanding of the costs of
care, while 70% of councils felt
assured that all providers they pur-
chase services from were compliant
with the National Minimum Wage.
What is most concerning is that
68% of councils said that a negative
impact on the provider market was
one of the main risks associated
with the Care Act reforms.
Financial constraint has, and will
continue to, impact upon how
successful the implementation of
the Care Act has been and will be in
the future. We have already seen
Government acknowledge that key
reforms within the Act were
unaffordable at the current time,
and local authorities have also
conceded that they will struggle to
ensure market stability while
meeting the costs of implementing
the Act.
While the broad consensus
remains around the importance of
the reforms contained within the
Care Act, it seems that the state of
local authority finances is the key
barrier to the successful implemen-
tation of the Act.
Jonathon Holmes
UKHCA Policy Officer
l Note: Care and Support Statutory Guidance, Issued under the Care Act 2014, para 10.27:
www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation
National reports
England
“
Reduced funding from
central government
and the growing costs
associated with
implementing the Care
Act alongside other
demand side
pressures have
impacted greatly on
councils.
Following one of the Donaldson
Report’s key recommendations,
Simon Hamilton has appointed a
panel of international experts to
oversee the reform of health and
social care in Northern Ireland.
The panel will be headed up
by Professor Rafael Bengoa; the
panel are due to present a report,
including recommendations for the
transformation of health and social
care across the province in the
summer of 2016.
The panel have been briefed to
look at the outcomes and benefits
for the population of Northern
Ireland, rather than focussing on
systems. The Minister has
expressed a commitment to devel-
oping a world class health and
social care system in Northern
Ireland; the panel’s recommenda-
tions will guide this process. Though
the recommendations will not be
binding, the Executive will have the
final say on what the future of
health and social care in Northern
Ireland.
This is contrary to one key recom-
mendation Sir Liam Donaldson
made in his report. He envisioned a
panel of international experts whose
recommendations would be binding.
Donaldson concluded that reform in
Northern Ireland had previously
been prevented by politicians taking
a populist stance and adverse
media coverage.
The Minister maintains that the
democratic authority of the
Executive must not be superseded
by a non-elected panel.
Professor Bengoa has consider-
able experience of delivering health
care reform, having been previously
the Regional Minister of Health and
Consumer Affairs in the Basque
region of Spain between 2009 and
2012. While in this post he presided
over what is regarded to be the
successful transformation of the
region’s health and care service
during a time of deep austerity.
Within this time Professor Bengoa
met with former Health Minister,
Edwin Poots. Both noted the
similarities in health and care
provision between the Basque
region and Northern Ireland.
Professor Bengoa’s reforms are
now in place in the Basque region,
and have focussed on system
restructuring rather than relying on
additional resources. Key elements
of the Basque reform included:
l Focus on population health
combined with a predictive risk
approach;
l Promotion of public health;
l Greater autonomy for people
who use services, i.e. self-directed
support;
l Assuring continuity of care for
people with chronic conditions; and
l Efficient interventions that are
person centred.
UKHCA will look to work with the
panel and submit evidence to them
where appropriate to inform their
findings.
22 Homecarer – March 2016
National reports – Northern Ireland
..and announces £1.6 million funding boost
Minister appoints expert panel to
oversee health and social care...
Simon Hamilton MLA has recently announced that an
additional £1.6 million will be released to the Health
and Social Care Board. This funding is intended to sup-
port recruitment issues across the entire adult social
care sector.
The new money will bring about a 2% per hour
increase in the price paid for homecare by the Health
and Social Care Trusts across Northern Ireland.
The Minister acknowledged that while this increase
may be welcomed by some providers, there are further
challenges ahead such as the introduction of the
National Living Wage.
The 2% increase is an interim measure and the
Minister intends to continue to engage with representa-
tives from the independent and voluntary sector to
arrive at a suitable settlement for the financial year
2016/17.
Trusts should be contacting providers they work with
directly to clarify exactly how the fee increases will
reach frontline services.
National reports
Northern Ireland
Editor: Michelle Gederon
Editorial Panel: Colin Angel and Carole Broughton
Policy Commentators: Duncan White, Jonathon Holmes
and Dominic Carter
Editorial Advisers: Lucianne Sawyer CBE, President; Yvonne
Apsitis, Ambassador; Noni Cobban.
Telephone: 020 8661 8188
Email: policy@ukhca.co.uk
UKHCA Board:
Mike Padgham, Chair; to be appointed, Vice Chair; Lynda Gardner,
Hon Secretary; Trevor Brocklebank, Treasurer;
Dominique Kent, Lesley Megarity (Northern Ireland), to be appointed
(Wales), Val Robson (Scotland), Mike Smith, Claude Suppiah, Raina
Summerson, Jayne Townson, Richard Walker, Fiona Williams, Max Wurr,
Mike Potts (co-opted member). UKHCA: Bridget Warr and Peter Randall.
Details: www.ukhca.co.uk/board.aspx
Homecarer
l Homecarer is published by United Kingdom Homecare Association Limited (UKHCA) as a service to UKHCA members. Registered office: Sutton Business Centre,
Restmor Way, Wallington, SM6 7AH. Registered in England No. 3083104
l Whilst every effort has been made to ensure the accuracy of this edition, it is intended to provide information rather than a definitive statement of the law;
advice should be taken before action is implemented or refrained from in specific cases. UKHCA and its contributing authors accept no responsibility for action
taken or refrained from solely by reference to the contents of this edition.
l Homecarer is designed and typeset by Simon Jenkins, 36, Allerton Grange Rise, Leeds, West Yorks, LS17 6LH. t: 07791-333229; e: s.w.jenkins@ntlworld.com
l Printing by ES Print Solutions, Media House, 26 Trenance Gardens, Halifax, HX4 8NN; t: 01422-375445; e: info@esprintsolutions.com; w: www.esprintsolutions.com
l All views expressed in Homecarer are those of the authors and not necessarily those of the Association or its Board
l UKHCA can accept no liability for services or products offered or provided. Inclusion in Homecarer does not imply endorsement by the Association.
l For an advertising pack or to find out about joining UKHCA as a homecare provider or commercial member, Tel 020 8661 8188, enquiries@ukhca.co.uk
l Picture credits: Care Quality Commission ‘Shaping the Future: Consultation Document’ (p20)
Homecarer – March 2016 23
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New Code upholds quality standards in UK homecare sector

  • 1. Inside: 5 Chairman’s message 6-7 Commissioning procedures 8 UKHCA evidence to Commons 9 Chief Executive’s page 11 Employers’ duty of care 12-13 Members’ news 14 Better care fund 16-22 National reports: 16-17 Wales 18 Scotland 20-21 England 22 Northern Ireland HomecarerMarch 2016 Ensuring high standards in home- care has been UKHCA’s primary aim since the Association was set up in 1989. At the time the homecare sector was primed for huge expansion with the advent of community care. We launched our Code of Practice for members at the House of Commons in 1991. A core benefit of membership, our Code of Practice was an early initia- tive to establish high standards for the homecare sector, in an era before statutory regulation. The social care landscape has altered significantly since then, but the Code of Practice has remained a well recognised beacon of good practice. Independent and voluntary sector homecare providers have grown and assumed responsibility for a large slice of services that councils used to carry out, playing a key role in delivering a major public service. Homecare has helped improve the lives of many thousands of older and vulnerable people who need care to live independently at home. Residential care is no longer the default option. People who use services can now make choices about how their care should be delivered, and the out- comes they want to achieve. Homecare is also a vital partner of the NHS, providing the support that people need to be discharged safely from hospital. But there have been challenges. Turn to page 3 Clare Jefferies, owner of Home Instead Wimbledon and Kingston, is the first homecare provider in London to receive an ‘outstanding’ rating from CQC – See Page 13 Members’ helpline: 020 8661 8188 www.ukhca.co.uk @ukhca 1991 Code of Practice for care provider members of United Kingdom Homecare Association (UKHCA) 2016 New Code, same commitment to high quality care
  • 2. 2 Homecarer – March 2016
  • 3. The number of people needing care has grown as the population expands and ages, placing pressure on services and funding. Care has become more complex and careworkers now commonly undertake tasks previously the domain of district nurses. Statutory regulation of care has been introduced and evolved - pos- ing numerous challenges for both the regulator and the regulated. Social care funding has been cut savagely in the aftermath of the financial crisis, reducing the support people receive, increasing unmet need and placing huge demands on the NHS. Providers have struggled with commissioning rates that do not reflect the actual costs of care, making it harder to maintain the quality that users deserve. But throughout the UKHCA Code of Practice has signalled UKHCA members’ commitment to providing high quality care and to aspiring to the best, regardless of the chal- lenges. The Code has been updated several times to reflect the shifting sands of social care - the current version has been in place since 2007. With many changes taking place since 2007, we have comprehen- sively reviewed the Code over the past 12 months, and are now delighted to announce a fully revised Code of Practice, which all care providing members of UKHCA agree to abide by. Developed with input from members, including a membership- wide consultation last autumn, the new Code has been substantially updated and simplified. The new Code is in two parts – Part 1 is a Statement of Principles and Values to which all members are required to commit. Part 2 is Guidance about good quality, which provider members should aspire to at all times. All new care providing members of UKHCA will sign up to the updated Code of Practice and existing members will sign up to the new Code as part of their annual membership renewal. UKHCA Chief Executive Bridget Warr, who led the project team that developed the new Code of Practice, said: “I am delighted to launch the new UKHCA Code of Practice, which reflects our members’ continuing commitment to our mission of promoting high quality, sustainable care services so people can continue to live at home and in their local community. “I believe that the new Code will promote the delivery of high quality homecare in the twenty-first century and provide a source of aspiration and inspiration for our members across the UK.” Continued from front page New code, same commitment to quality How to get the UKHCA Code of Practice l Printed copies will be sent to all new members and to existing members on renewal. l Members can order extra printed copies in English or Welsh at: www.ukhca.co.uk/productlist.aspx?type=All or download an order form from: www.ukhca.co.uk/downloads.aspx?id=32 l To read online, see: www.ukhca.co.uk/codeofpractice.aspx l To download in English or Welsh, see: www.ukhca.co.uk/downloads.aspx?ID=128 If members have any queries regarding the new Code of Practice, please email membership@ukhca.co.uk Sponsored by In association with Supported byResearch Charity Partner Exhibitor Workshop sponsor THE UK’S LEADING EXHIBITION & CONFERENCE FOR DEMENTIA LONDON 10–11 June 2016, Olympia www.alzheimersshow.co.uk www.alzheimersshow.co.uk To book tickets and for more information visit: BOOK TICKETS NOW *Booking fee applies. 25%OFFADULT TICKETS WITH DISCOUNT CODE HC25 £12 online*. £18 on the door. For family carers, public and professionals caring for a person with dementia. Featuring a full conference programme across 3 theatres Admiral Nurses 1-2-1 Clinics, Law Society Advice Surgery, Practical Activity Workshops and over 60 exhibitors. Find the very best practical advice, information, products and services from leading dementia experts and organisations. Homecarer – March 2016 3
  • 4. As a member of the UKHCA you benefit from an exclusive 10% discount. What’s more if you have been claim free for the last 3 years, you will also benefit from an additional 15% discount.* HOMECAREINSURANCE Call us 0330 123 5154 www.towergatepartners.co.uk/ukhca *All discounts will be applied to gross written premium before insurance premium tax and any customer service fee. 15% discount valid until 31 May 2016 for new customers who are claim and incident free for 3 years. 10% discount valid until 31 May 2016 for UKHCA members. All cover subject to insurers underwriting criteria. Full terms and conditions available upon request. Towergate Insurance is a trading name of Towergate Underwriting Group Limited. Registered in England No. 4043759. Registered address: Towergate House, Eclipse Park, Sittingbourne Road, Maidstone, Kent ME14 3EN. Authorised and regulated by the Financial Conduct Authority. The preferred insurance partner of the UKHCA up to 25% off for new customers* working in partnership with CARMEECAREINSURANCEHOOME p CAREINSURANCE p s* or newf ffor newfff fo %25 oup tto ts will be applied t erwweroow.ttowwww.t 0330 123 5154Call us *All disc emium bef o.uks.cco.uk/ukhcaepartnerrs.cttepartneraatggarrg 0330 123 5154 ts will be applied t king in partner o.uk/ukhca 0330 123 5154 orw ship with s* king in partner omerrs*tocus y the Financial Ced btegulauthorised and r3EN. A erwoess: TToddred aertegis759. RRegis4043 ding name oae is a trance InsurtaggaerwoTTo erms and cull teria. Funderwriting crit ory 2016 ffor UKHCtil 31 Maay 2016 falid unv s who arre claim and incidenomerrs who artor new cusffor new cus omer servicty cusemium tax and anny cusprremium tax and an ts will be applied toun*All disc uthorityy.onduct Ay the Financial C d, Maidsoatingbourne Rk, Sitarclipse Pe House, Etaag ed. Roup Limite Underwriting Grtagerwof TToding name o ailable upon rvonditions aaverms and c er subject tvoovs. All cA memberrs. All cor UKHC s. 10% discearor 3 yee ffor 3 yt fre claim and inciden alid unt vounee. 15% disce ffee. 15% discomer servic e insuroremium befforen prremium beftoss writtto grts will be applied t t ME14enone, Ktd, Maids ed in England No.ertegised. R t.equesn rreques serrso insureer subject t touns. 10% disc y 2016til 31 Maay 2016alid un eance insur 4 Homecarer – March 2016
  • 5. We have been warning for years that cuts to social care funding could leave some of the nation’s most vulnerable people in jeop- ardy. Now the fear is the cuts are behind the largest annual rise in deaths in England and Wales for almost half a century. The elderly, and especially women, appear to be victims of the growing crisis in the NHS and social care. The figures are provisional but they suggest an urgent investigation is needed to find out if the cuts are to blame. I say urgent because there isn’t time to spend years deliberating. Stephen Dorrell, Norman Lamb and Alan Milburn want to revive the work of the Barker Commission with a new commission on health and social care for England. Cross-party agreement on social care and health is vital, but a com- mission must not provide Government with an excuse for delay. While the local government settle- ment remains inadequate, we’ll con- tinue to keep the pressure up to get funding from all the sources avail- able, including the Better Care Fund and other resources currently fund- ed through health. During the period councils were considering the settlement, we wrote to over 8,500 elected mem- bers of councils. Now, according to the Local Government Association, 9 out of 10 councils are considering or planning to use the 2% precept to raise funding for adult social care in 2016/17. A step in the right direc- tion but even if all councils take up the 2%, a huge funding gap will remain. Isn’t it the case that the bulk of the 2% will be taken up meeting the cost of introducing the National Living Wage, rather than improving care? The public demand is out there for better social care. BBC Radio 5’s COMRES survey showed that people of all ages think looking after people is more important than filling pot- holes in the roads. Some 74% of those asked wanted to protect council services for the elderly and 65% wanted to protect children's services, evidence that we’ll be using in the debate. Demand for proper social care is there and public opinion is behind us. The problem is, getting that message across strongly enough that action is taken. My fear is that the conciliatory, softly-softly approach is no longer working and we need to step up our game. We have the local elections coming up in England in May, so there is another opportu- nity, at grass roots level, to get the message across that we cannot go on as we are. Please do use our campaigning materials, like our Minimum Price for Homecare, to drive the issues home. We are producing homecare manifestos for the elections in Northern Ireland, Scotland and Wales. These will be campaign tools drawn up to focus on the issues in each devolved nation. Send them to your MLAs, MSPs and AMs, and rally everyone you can think of who can help to bring about change. As we go to press the Budget is looming and we are waiting to see what the Chancellor has in store for us. We want £700 million of funding earmarked for social care through the Better Care Fund by 2020 to be released early, in 2016/17. We sup- port the Local Government Association’s view that funds must be brought forward, and call for BCF money to reach frontline homecare and not be taken up by the struc- tural costs of integration. We still hope that Dilnot will be implemented. The Department of Health’s shared delivery plans for 2015-2020 include a cap on resi- dential social care charges and a limit on individual liabilities from April 2020, so that is encouraging. Above all, we want recognition that the funding announced already, via the 2% precept and Better Care Fund, is not the end of the story. We all know it falls woefully short. The LGA say it. Researchers say it. We say it. At the moment the Government has tried to solve the crisis by trying to put a sticking plaster on a gaping wound and that is never going to work. Major surgery is needed now, to save our homecare. Please sign the Save our Homecare petition now and ask all your careworkers and their friends and families to do so by Friday 25 March 2016 (see back cover for details). Mike Padgham UKHCA Chair Chairman’s message Mike Padgham Funding measures are a start – but not enough “ Demand for proper social care is there and public opinion is behind us. The problem is, getting that message across strongly enough that action is taken. Homecarer – March 2016 5
  • 6. 6 Homecarer – March 2016 We all know that it is the responsibility of commissioners to determine a procedure to award homecare contracts in a transpar- ent manner and in a way which treats all tenderers equally. This means that the criteria for the award of the contracts must be clearly and fully set out within the tender documentation. But what happens when a tender- er is sent the Standstill letter (which informs bidders of the out- come of the process) and the scores that they have received appear to be inconsistent with the evaluation and scoring criteria? We have been involved in a case recently where a homecare provider had taken part in a public procure- ment exercise and had been suc- cessful at Pre-Qualification stage. Next they were asked to submit answers to specific quality ques- tions asked in the Invitation to Tender, as well as to submit an hourly rate based on a set weekly volume of hours. Each method statement was marked between 0 (fail) and 5 (excellent). No surprises so far! But, when the Standstill letter was received, it delivered bad news and our client was informed that they had been unsuccessful. They were provided with their overall scores together with those of the success- ful tenderers. However it was unclear why they had been scored so low for quality and why the win- ning bidder had scored so high. The client had not been provided with adequate information on the rea- sons for the scores, including the characteristics and relative advan- tages of the winning tenderers. This is a clear requirement of the rele- vant procurement regulations now enshrined in Regulation 86 of the Public Contracts Regulations 2015 (the “Regulations”). The Regulations apply to all parts of the UK except Scotland, where they will apply from 18 April 2016. Our client wrote to ask for proper feedback and so did we, but it was not provided. The dilemma for our client and so many disappointed tenderers is that without adequate explanations, it is difficult to know whether the process has been run fairly and in compliance with the Regulations or not. The added diffi- culty is that the Regulations provide very tight timescales for challenge. Effectively, unless a claim is issued at Court within 30 days from when a tenderer knew or ought to have known that there was the basis for a claim, then any subsequent claim will be out of time. Usually, commissioners will pro- vide sufficient feedback to enable tenderers to understand why they have not won. However in this case it was not provided and on day 29 following the issue of the Standstill letter, we were instructed to issue a claim at Court. It transpired during the course of the legal proceedings that the pro- curement team had retained little Andrew Lancaster, partner in the Anthony Collins Solicitors LLP Procurement Team, puts tendering under the spotlight. Recent case shows missing UKHCA’s Disclosure Service enables organisations to complete criminal record checks on current or prospective employees. Preferential rates for UKHCA members. Quickly submit applications online. Support and guidance on applications to ensure accuracy. For more information or to register, please call: 020 8661 8188 (select option 3) “I think the Disclosure Service are doing an excellent job and UKHCA member, Minster on Sea “We use this regularly - it’s very cost and time UKHCA member, London 4’ 5” 4’ 0” 3’ 5” 4’ 5” 4’ 0” 3’ 5”3’ 5” 5’ 0” 5’ 5” 3’ 5”3’ 5”3’ 5”3’ 5”
  • 7. Homecarer – March 2016 7 contemporaneous evaluation doc- umentation, having destroyed the notes made by evaluators after the meeting in which tenders were scored. Upon receipt of the method statements provided by the suc- cessful tenderers, our advice was that without the necessary records, there was no adequate explanation for the scores that had been awarded and that this breached the principles of equal treatment and transparency in the scoring of the bids. Fortunately, there had been another case like this one that had recently gone through the Courts in 2015, called Woods Building Services v Milton Keynes Council. This was a case where Woods Building Services had been tendering to provide asbestos ser- vices to the Council and were not appointed. It was almost on all fours with the case of our home- care provider, in that there was also a complete lack of contempora- neous records as to how the quality questions were scored. The judge said that if commissioners don’t keep adequate records from the evaluation panel to explain why they scored the way they did, this could automatically amount to a breach of the Regulations because there is a lack of transparency. The judge even said what he thought the scores should have been for some of the questions and in his judgment said that Woods should have won. Coming back to the case of the home care provider, the Council fought hard in the litigation to try to persuade our client to discontinue the process; it took great resolve to keep going. Eventually, we got close to trial and the Council said that they would be prepared to attend a mediation process. At the mediation a confidential settlement was reached where the Council agreed to pay to our client a substantial sum in damages for their lost profit in failing to be awarded a contract. So what should tenderers and commissioners learn from these cases, as they move through the tender process? On receipt of the tender documents, tenderers need to consider whether the documentation is sufficiently clear for the tenderer to understand the criteria against which their ten- der will be measured. If not clarifi- cation should be sought at that stage and if necessary, advice taken. Commissioners should ensure that evaluation panels keep contempora- neous records of their decisions and that these are preserved in case of a challenge. Under the Regulations Commissioners are required to keep “sufficient documentation to justify decisions taken in all stages of the procurement procedure…”. Does the de-briefing information provided in any Standstill letter, or subsequently, adequately explain the reasons behind the scores given? In a nutshell, there should be sufficient information to under- stand why you lost (if you did) and why the winning tenderer won. Commissioners should complete de-brief material with reference back to contemporaneous notes and not try to explain the scores after the event. Remember to take advice early on as there are very tight timescales. Not every situation is hopeless for a disappointed tenderer; sometimes the process is fundamentally flawed and should be re-run or the bid- der should be compensated. By taking early advice both tenderers and commissioners can ensure that the right process is undertaken and challenges can be kept to a minimum. l Legal helpline: UKHCA mem- bers are entitled to a limited amount of free telephone advice from our legal helpline on legal topics, including procurement issues, and quotes at preferential rates from our preferred solicitors. Call 020 8661 8188 (Option 4) for referral. l Disclaimer: Whilst every effort has been made to ensure the accuracy of this article, advice should be taken before action is implemented or refrained from in specific cases. No responsibility can be accepted for action taken or refrained from solely by refer- ence to the contents of this arti- cle. “ Not every situation is hopeless for a disappointed tenderer; sometimes the process is fundamentally flawed and should be re-run or the bidder should be compensated. Andrew Lancaster documents can prove costly “The moment I walked through the door of my grandmother’s house and met her carer, I knew that we had been extremely lucky. She is warm, kind and caring; efficient and practical; very respectful of my grandmother’s needs and so thoughtful. She is a wonderful carer and any clients lucky enough to have her in their home will appreciate that.” Relative of person who received care from UKHCA member, Vanguard Care Please play your part by sharing your great care stories at: ukhca.co.uk/greatcare
  • 8. 8 Homecarer – March 2016 The House of Commons Health Select Committee recently closed an inquiry into the impact of last year’s Comprehensive Spending Review on the provi- sion of health and social care, to which UKHCA sub- mitted extensive evidence. The key areas of interest for the committee were: the effectiveness of the 2% adult social care council tax precept, the effectiveness of the enhanced Better Care Fund allocation, the impact of deficits in the NHS and social care and the implications for quality and access to services. Our key concerns were around the fact that all the increased funding allocations for social care are back loaded. This means the social care sector will not receive the full sum of the additional money until 2019/20. For example the Better Care Fund allocation will be introduced in the following increments: l In 2016/17 there will be an additional £0; l In 2017/18 there will be an additional £100 million; l In 2018/19 there will be an additional £700 million; and l In 2019/20 there will be an additional £1.5 billion. While the 2% precept will only raise £500 million in 2016/17 if every local authority chooses to implement the precept. This of course is highly unlikely, indeed a number of councils have already stated that they will not implement the cap. We made the point that the back loading of funding when the system is already in deficit is not sufficient. Especially given that UKHCA have forecast that the state funded homecare sector in the UK will run at a deficit of £753 million in 2016/17. We made the case that operating costs for homecare providers are continuing to increase at a rate that council fee rates are not matching. Around 70% of the hourly costs of providing homecare are made up by labour and associated costs. The National Living Wage will be introduced on 1st April and will bring a significant cost pressure to home- care providers. We stated that Government must com- mit to adequately funding the sector to ensure this cost is met. It is also the case that an individual’s access to care services has been restricted, in part by rising eligibility criteria, but also by the reduced capacity within the homecare sector. This has been one of the key drivers behind the rapidly increasing rate of delayed discharges from hospital for people awaiting a package of home- care. We showed how there has been a 110.5% increase in the number of people experiencing a delayed transfer date, while waiting for a package of homecare, between February 2014 and November 2016. It is the case that no sector within health and social care sector sits in isolation. As such when homecare is underfunded it fosters inefficiencies in the NHS in the form of delayed discharges from hospital and has a detrimental impact on people’s wellbeing. In summary our key points were that the funding offered in the Spending Review was too little and that it was back loaded despite the fact that the sector is already running at a substantial deficit. Government must recognise the growing demand side pressures faced by the sector, the increasing operating costs and the impact that under funding any part of the adult social care sector will have on NHS efficiency. Jonathon Holmes UKHCA Policy Officer l See how UKHCA responded in full here: www.ukhca.co.uk/cons.aspx?id=232973 “ When homecare is underfunded it fosters inefficiencies in the NHS in the form of delayed discharges from hospital and has a detrimental impact on people’s wellbeing. UKHCA submits evidence to the Health Select Committee Specialist tender writing services for social care providers. If you are looking for no-obligation clear advice and guidance, competitive fees and strong win rates, contact the experts in social care tenders. Reduce stress and WIN more business. For more info visit our website or give us a call. www.insequa.co.uk | 0115 896 3999 DISCOUNT Quote:Nov05 tseucdeR ndasser ititepmo, cecnadiud gna ivdr aaeln coitagilbo-on rog finkooe lru aof yI aicor sos fecivres r wednet tsilaicepS ormNIW tseucdeR l c c v ndasser ee tral caicos in strexpe o, csetain rg wnortd sna p, cd g ku..coauqesni.www e uvir ge otisbew isio vffo vne iror moF n 9996 395 8110| .lls a ca rut oi DISCOUNT @ukhca Follow us on Twitter
  • 9. Homecarer – March 2016 9 Chief Executive’s page Our Code of Practice, to which all care-providing members of UKHCA agree to abide, has just been revised, after consultation with members and external bodies, into a new, simpler format, so I would like to take this opportunity to remind all members that signing up enables us to portray them as being committed to quality service delivery. The code is now divided into two parts; Part 1 is compulsory “rules of the club” and part 2 portrays quality homecare to which we assume all members will aspire. Following the publication of the quick guide ‘Better Use of Care at Home’, the working group that I chair for NHS England is continuing to develop tools that will ease delayed transfers of care from hos- pital to home. Three ‘Better Use of Care at Home’ events, organised by UKHCA and NHS England, have taken place in Leeds, Southampton and London. These events brought together around two hundred pro- fessionals from across homecare, housing and health. The issues raised and the possible solutions drawn out will inform the work of the Better Use of Care at Home work stream, led by UKHCA and plan for the next twelve months. This will include practical products designed for the front line to improve understanding of homecare and housing, and to increase the uptake of homecare services across the country. We are detecting a growing desire across the health sector to access homecare services and to use them to help people home from hospital, however our support and that of our members is needed to guide commissioning and co-ordination processes. This is what the work stream will be aiming to do. The Department of Health has asked UKHCA to keep them informed about local authorities’ commissioning practice, including fee levels. An action group has been set up to ensure this informa- tion flows so please let Colin Angel, UKHCA Policy and Campaigns Director, have accurate details of anything you want the Department of Health to hear about (good and bad!) Our action group will join up with Care England (residential care providers) to form an independent cross section Task Force, which will meet regularly with senior civil servants and monitor the actions taken by the Department of Health in ensuring that local authorities are complying fully with the require- ments of the Care Act. Skills for Care has invited me to chair their newly formed Workforce Work Development Forum that will advise their board and help them focus on the most effective areas of work. With the continuing cuts in the Department of Health and development funding being hard fought-for, this focus will prove par- ticularly important. The forum has representation from a wide range of stakeholders in social care and health. We are particularly pleased to welcome Mike Potts onto our Board to help ensure that we are reaching out appropriately to health colleagues. Mike has a long and impressive work history in the health service, hospitals, communi- ty care and the Department of Health (see Mike’s profile on page 13). This next quarter will see elec- tions in each of the UK’s devolved administrations. The elections will provide another opportunity for UKHCA and members to influence political plans for social care and we will be issuing national manifestos in the coming weeks for the devolved nations. There has been a great deal of work going on Wales and I do hope that flow will not be disrupted by pre-election “purdah”. We are hoping that the Scottish election will result in prioritising the development of a policy that facili- tates and encourages home-based social care and removes barriers to access. We would like to see increased choice for service users. Northern Ireland will go to the polls on Thursday 5 May and we will be keeping a close eye on what happens and continuing to make a strong case for homecare. The same day will also see local government elections in England involving 128 local authorities. Members will want to ensure their representatives put social care at the top of their priority list and, if they have not already done so, commit to the 2% council tax pre- cept and the resulting homecare fee uplift. As I write, the issue of our EU membership is at the forefront of people’s minds. I envisage particu- lar issues may arise around recruit- ment and in-work benefits, but I will be interested to see and hear mem- bers’ concerns, so that we can be sure we are reflecting your key issues. Bridget Warr UKHCA Chief Executive Bridget Warr Putting homecare in the forefront as elections loom www.ukhca.co.uk “ The elections will provide another opportunity for UKHCA and members to influence political plans for social care.
  • 10. 10 Homecarer – March 2016 HOME CARE RESIDENTIAL CARE PUBLIC HEALTH INTEGRATED CARE COMMISSIONING TECHNOLOGY ZONE twitter.com/healthpluscare healthpluscare.co.uk DRIVING QUALITY, INTEGRATION & PERSON-CENTRED CARE. The UKHCA invites all members to receive complimentary places to Health+Care on 29-30 June 2016 at Excel London. The UKHCA have been part of the running of The Home Care Show section of Health+Care since the show’s launch 4 years ago and we are VERY excited about the updates and fresh focus on the home care sector at the event for 2016. High quality home care services represent the future of social care, and The Home Care Show has an important role in delivering that vision. This event enables the managers and directors of home care agencies from all around the country to discuss the big issues facing the sector - from regulation to the Living Wage - and make practical improvements in their own businesses. With increasing demand on your business and its employees, more complex clients, downward fee pressures, intense competition and tighter regulation, home care agencies are feeling the pressure. Add to this the fact there’s been a significant change in the commissioning and legislative landscape, some care businesses are seriously questioning their sustainability. Attending Health+Care will act as a safety net for your business, with answers and solutions to your biggest concerns. UKHCA is changing our presence at the show this year! We’ll have a networking area, presentations, a cloakroom, breakfast and refreshments all to maximise your enjoyment of the show! HEALTH PLUS CARE 29-30JUNE2016EXCELLONDON There are just 4,500 education bursaries available for care professionals to register for a complimentary pass. Register at: www.healthpluscare.co.uk/ukhca HOME CARE SHOW 2016 SPEAKERS INCLUDE: Bridget Warr Chief Executive, UKHCA Colin Angel Policy and Campaigns Director, UKHCA egister for a complimentary pass.to rto register for a complimentary pass. e prbursaries available for carbursaries available for care pr e just 4,500 educatione are are just 4,500 educationTherThere ar egister for a complimentary pass. ofessionalse pr e just 4,500 education e.co.uk/ukhca.healthpluscar.healthpluscare.co.uk/ukhcawww e.co.uk/ukhca Register at:
  • 11. Homecarer – March 2016 11 Helping people within their own environment, domiciliary care workers often work alone. Without a clear understanding of the law, the hazards and what preven- tative measures should be taken, employers leave their people open to risk and themselves exposed to employers’ liability claims. Under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations, employers have a common law duty to take reasonable care of their employees whilst carrying out their employment duties. This includes providing proper working systems, suitable materials, competent colleagues and adequate supervision. For homecare workers it is imperative to understand fully the risks and precautions involved in every situation. While they have a responsibility for taking reasonable care of themselves and cooperating with their employers in meeting legal obligations, it's the employer's legal duty to assess possible risks and take measures to avoid or control them. A case in point Briefed to get the client out of bed and dressed, our homecare worker found the person they were support- ing unable to cooperate with the careworker’s prompt- ing and the bedroom small with little room to manoeu- vre. Once up, the individual was unable to walk inde- pendently. Suffering a back injury, an accident report was completed the following day. The care worker alleged fault with their employer because the risk posed by manual handling operations had not been identified and no equipment or steps to minimise or remove that risk were in place. This left the employer in breach of Regulation 3 of the Management of Health and Safety at Work Regulations 1999 and Regulation 4 of the Manual Handling Operations Regulations, and potential- ly non- compliant with care regulatory requirements. Your risk assessment Managing the safety of your employees while also taking into account the needs of the person being supported is a fine balance, so involving your staff in your risk assessment is good practice. In this way, you can both more easily assess certain risks and put suitable measures and systems in place, including training, instruction, support, supervision, and the issue of protective equipment, such as the lifting apparatus needed in our case study. Common hazards Lone workers cannot easily liaise with colleagues, so as well as normal health and safety concerns, they are more vulnerable to other hazards, including: l driving in dangerous condi- tions and rural or high-crime areas; l lifting people or manually handling heavy objects; l slips, trips and falls; l aggressive animals; l violence and abuse from service users and their fami- lies; l passive smoking; and l exposure to household chemicals or dangerous sub- stances. It is also important for an employer to be aware of any enhanced risk to particular staff, for example young or inexperienced workers, pregnant women, and those with health issues such as diabetes or epilepsy. To help protect employees, once your risk assessment is complete, it should be reviewed at least annually, and whenever there has been significant change in working practice. Before an employee works alone, they should be ade- quately trained to understand the risks involved and safety measures adopted. Further, they should be suffi- ciently competent in dealing with circumstances that are new, unusual or beyond the scope of training, knowing when to seek advice and how to handle aggression. Although lone workers cannot be subject to constant supervision, the extent of supervision depends on the risks involved and the ability of the worker to identify and handle health and safety issues. Employees new to a job, or to the situation in which they will be working, may be more at risk, so may require more supervision initially. The level of supervision required is a management decision, based on the findings of the risk assessment, and should not be left to the employee's discretion. Safekeeping lone workers, protecting business Many measures can be put into place to help ensure the safety of lone workers. From periodically accompa- nying employees working alone, regular phone, radio or email contact ensuring clear communication especially in emergency situations, through to automatic warning signals if planned contact is not made and checks to ensure the care worker has returned to their base upon task completion. Establishing clear best practice procedures, including risk assessments, can help reduce the chances of inci- dents occurring, protecting employees and those plac- ing themselves in your care, and safeguarding your business from costly employers' liability claims. l Towergate Insurance has been providing specialist broking services to the caring sector for more than 30 years. We can help protect your business, employees and those you serve with cover from a leading insurer.* l We offer all UKHCA members a 10% discount as well as driver training exclusive for UKHCA members. In addition, members can also benefit from an additional 15% no claims discount, offering a discount of up to 25% off our standard premium. To find out more please call us on 01438 739716 or visit www.towergatepartners/ukhca It is important for employers to remember their duty of care *All cover subject to insurers’ underwriting criteria. Full terms and conditions are available upon request. Towergate Insurance is a trading name of Towergate Underwriting Group Limited. Registered Office: Towergate House, Eclipse Park, Sittingbourne Road, Maidstone, Kent, ME14 3EN. Authorised and Regulated by the Financial Conduct Authority. “ Before an employee works alone, they should be adequately trained to understand the risks involved and safety measures adopted
  • 12. Members’ news National homecare provider Caremark Limited hosted their 9th annual conference at the end January in Warwickshire. Franchisees from across the UK and Ireland enjoyed stimulating pre- sentations which included an update from Andrew Heffernan, UKHCA Membership and Marketing Director and Sarah King, UKHCA Membership Development Officer. The Packed agenda covered all the focal topics currently being discussed in social care. Andrew Heffernan said: “It’s always great to have the opportunity to meet with groups of our members and hear about how they are rising to and overcoming the challenges in the market. The positive mood at the conference is a testament to the commitment of all those attending to providing great care to their clients and a supportive environ- ment for their care teams.” The homecare provider has also announced an increase hourly pay rate for all Pulborough care and sup- port worker staff from 1 February 2016. Kevin Lewis, Caremark Limited’s owner and founder commented: “We are delighted to be able to offer our careworkers this uplift in pay. The need for well trained, compassionate care staff is ongoing to meet the increasing need in the local market. “We feel these increases will enable us to continue attracting and recruiting the very best staff and retain the excellent care workers currently delivering a high quality service to all our clients “We want to recognise and reward our care workers for the fantastic service they provide in our local community.” www.caremark.co.uk Chelsie Hart, a Bluebird Care Croydon employee took the Care Coordinator of the Year accolade at the Great London Care Awards on Saturday 30 January, Hilton Bankside Hotel, London. Chelsie commented: “My role is challenging and reward- ing. Communication is the key. I try to ensure that each customer has continuity of care and that our staff wishes are taken into consideration when planning care rotas.” Bluebird Care Croydon also scored more wins with a record eight finalists picking up awards: l Mandy Sparks – Registered Home Care Manager l Victoria Adusei – Home Care worker of the Year l Mary Powell – Dementia Award l Wendy Harman – Frontline Leaders Award l Anna Cooper – Care Newcomer Award l Amanda Edmonds – Dignity in Care Award l Dean Slade & Bluebird Care Croydon – Employer of the Year Award Dean Slade, Director of Bluebird Care Croydon said: “We are absolutely thrilled that against tough competition we have an amazing record eight staff who won awards. These awards are great news and I am so pleased for our staff members, it goes to show that there are some great examples of quality homecare in the Borough of Croydon.” For details of the Care Awards and information about other winners visit: www.care-awards.co.uk Chelsie and colleagues clinch care awards UKHCA staff address national provider’s annual conference UKHCA Membership and Marketing Director Andrew Heffernan addresses the conference 12 Homecarer – March 2016
  • 13. UKHCA welcomes Mike Potts to the UKHCA Board, who brings a wealth of experience to his role as a Co-opted member; he will help the board understand and develop UKHCA health issues. Mike’s NHS career has spanned over 39 years, with over 12 years working as a Chief Executive of three high performing commissioning organisations in West Yorkshire. For more than 20 years he has held board level leadership roles in acute hospitals, primary care, commu- nity services and commissioning organisations and has worked suc- cessfully at the interface between health and social care. Mike has led successful multi agency major strategic change and service reconfiguration in the NHS, including responding to major financial and service challenges across health economies. He has experience of major NHS procurement, leading major local, regional and national service reviews, working with local and national politi- cians and has supported challenged organisations including as an interim CEO. Bridget Warr, UKHCA Chief Executive Officer, said: “We are delight- ed to have Mike on the UKHCA board and I am confident that he will make a very worthwhile contribution to our organisation and social care as a whole. “He brings a wealth of knowledge and experience in the health care sector that will undoubtedly be of great value to us and our members. Mike Potts responded: “It’s great to have the opportunity to work with UKHCA particularly during this time of integration between health and social care.” Members’ news Home Instead Senior Care (Wimbledon and Kingston office) has become the first homecare provider in London to receive an ‘Outstanding’ rating from the Care Quality Commission. Clare Jefferies, mother of two, opened the Wimbledon and Kingston office in 2011 after being inspired to become part of the domiciliary sector through experiencing poor quality care when both her parents fell terminally ill. She now has 130 clients and a team of 100 homecare workers. “When my parents needed care, I often dreamed of having another me, a ‘carbon copy daughter’ who could help look after them just the way I would do, with kindness and dignity. That’s the kind of care we deliver, said Clare. Clare lost her father to Motor Neurone Disease and her mother to cancer within seven months of each other. Having seen an endless stream of different faces visiting her parents, careworkers with little time, who didn’t know her loved ones, their strengths and weakness- es, she wanted to make a stand for quality homecare in London. “My father had a fantastic sense of humour. Watching him receive care a from a stream of people, who had no idea what Motor Neurone disease was, let alone knowledge of my parents situation was really hard to watch. He was often spoken to as if he was a deaf stupid old man. He was only 62 when he died”, said Clare. Sally Warren, CQC’s Deputy Chief Inspector for Adult Social Care, said: “People we spoke with were very positive about the service and the ability of staff to respond to their changing needs. Staff demon- strated a sound understanding of the differing needs of the people in their care and reflected these needs when planning and delivering services. This is a great example of what outstanding care looks like.” For more details about Home Instead Wimbledon and Kingston visit: www.homeinstead.co.uk/wimbledonandkingston ‘Outstanding’ success sees Clare’s dream come true Mike brings his wealth of experience to UKHCA board Homecarer – March 2016 13
  • 14. The Better Care Fund (BCF) pro- vides an opportunity to improve the lives of some of the most vul- nerable people in our society, placing them at the centre of their own care and support, and, in doing so, providing them with a better service and better quality of life. The programme is a unique col- laboration between NHS England, Department for Communities and Local Government, Department of Health and the Local Government Association. These partners work closely together to help local areas to plan and implement genuine integrated, person-centred health and social care services across England in line with the vision out- lined in the NHS Five Year Forward View. The BCF is one of the most ambi- tious programmes ever introduced across the NHS and local govern- ment. It takes the form of a local single pooled budget – the total for which as yet to be confirmed for 2016/7 at the time of going to press – to allow the NHS and local government to work more closely together, specifically to ’join up’ the health and social care offerings required by service users as seam- lessly as possible. We are just approaching the end of the first year of the BCF. All local areas now have projects under way and are starting to deliver real change to their local health and social care system. While transfor- mation on this scale is not going to happen overnight, significant investment has already been made to establish strong foundations moving forward and we expect to see more and more examples of an integrated care service in practice in the near future. What an integrated system looks like As we are aware from regular com- ments and feedback from all involved, if health, care and support is to become genuinely ‘integrated’, it must be person-centred, coordi- nated, and tailored to the needs and preferences of the individual, their carer and family. As you have also told us, to achieve such a system we need to move away from episodic care to a more holistic approach to health, care and support requirements, ensuring the needs, preferences and experiences of people drive the way that the services they need to access are organised and delivered. The Better Care Fund aims to join up health and social care services so that people can manage their own health and wellbeing, and live independently in their communities for as long as possible. Homecare providers are just beginning to see the impact of the pooled funding on the ground, as more and more initiatives are bed- ding in and making a tangible dif- ference to front line activities and service user experience, some examples of which are in the follow- ing regions: Hastings and Rother CCG in East Sussex are incorporating the BCF as one of their key mechanisms as part of a phased approach to delivering high quality, safe and sustainable care at scale and pace. Healthwatch Wiltshire has proactively been engaging patients and service users as part of the local BCF initiatives. Friendly, infor- mal, face to face feedback sessions have been taking part on hospital wards, in care homes and at the homes of older people who are cur- rent – or very recent – users of health and care systems, to find out what they have experienced and how it could have been improved upon. In Trafford North, the BCF is being applied to a new Traffic Care Co-Ordination Centre (TCCC), an innovative care model based on an air traffic control system, tracking patients and guiding them to the best options and care according to each individual’s needs. To this end, every service user is assigned a designated care co-ordinator to make practical arrangements such as booking appointments or arranging trans- portation to and from a hospital. The continuous tracking of patients allows Trafford CCG to understand what kind of services are needed, helping to accurately inform future planning of budgets and commis- sioning decisions. Meanwhile the west of the country is also implementing BCF initiatives to significant effect. For example, at the Torbay Care Trust, care is being provided by multidisciplinary health and social care teams. Here care co-ordinators are working in geographical ‘zones’ aligned to general practices to provide a range of services meeting the specific needs of older people following discharge from hospital. Nearby, the South Devon and Torbay Clinical Commissioning Group have introduced proactive case management of at-risk older people, using predictive risk tools. This has provided an added capabil- ity to intervene before hospitalisa- tion occurs. These teams also pro- vide ongoing care and support in the home environment. As the many projects and pro- grammes around the country gather momentum, we are hoping very much to see increased involvement on the part of home carers and homecare providers. We would urge you to engage as much as possible, as soon as possible, with Local Authorities in order to establish col- laborative arrangements that will result in an integrated health and social care system that demonstra- bly meets the needs of service users. Sign up with the Better Care Exchange to find out more The Better Care Exchange is a col- laborative, online community portal that we have designed specifically for those working to integrate health and social care services. Taking the form of a constantly evolving ‘learning hub’ that pools information and shares knowledge around BCF implementation good practice, the Better Care Exchange also provides a vital virtual net- working tool. l Membership is free – if you would like to join, please visit http://bettercare.tibbr.com l For more information and to contact the Better Care Fund team to download our latest publications and guidance, please go to: www.england.nhs.uk/ourwork/part- rel/transformation-fund/bcf-plan/ l To find out more about our team and our work or sign up for our weekly BCF Bulletin, please email: england.bettercaresupport@nhs.net Julia Battersby Better Care Fund The Better Care Fund – making integration happen “ We need to move away from episodic care to a more holistic approach to health, care and support requirements. 14 Homecarer – March 2016 The homecare sector is hearing about the Better Care Fund, but often not yet seeing the results. UKHCA asked Julia Battersby from the Better Care Fund to explain how it’s developing.
  • 16. National reports – Wales January witnessed the enactment of the Regulation and Inspection of Social Care (Wales) Bill. Regulations, which will be laid in April 2017 and implemented in stages between 2017 and 2019, aim to put meat on the bones of the legislative framework, guiding the sector, the public and the regulator as to what they might expect to see from care services and how they might approach the newest law of this Government. As UKHCA had put a considerable amount of work into the build-up to the Act, we were invited by Welsh Government to participate in the first round of Technical Groups that will look into what will make up the regulations. This is something that has allowed us to highlight the unique nature of the domiciliary care sector and to bring balance to a legal structure which may shape social care in Wales for many years. The initial Technical Groups were divided into two subject areas, ‘ser- vice regulations’ and ‘workforce reg- ulations’. Questions under consider- ation ranged from ‘what constitutes a social care worker?’ to ‘what infor- mation should be included on a register for domiciliary care workers. Much of what we put forward focused on the need to understand the variation of the care sector, the operating environment in which the Act finds itself and the dangers of placing onerous demands on a workforce that is already stretched. The Regulation and Inspection of Social Care (Wales) Act 2016 will lead to all domiciliary care workers being required to register with Social Care Wales, an organisation evolved from the Care Council for Wales. This new body will be given greater autonomy to be innovative and forward thinking, and will be expected to provide support through training and qualifications to all cor- ners of the social care sector. The Act also pushes forward the inten- tion for outcomes based care mod- els, with inspections expected to look at how domiciliary care services help to deliver outcomes specified by the individual and their family. The impending Welsh Assembly elections provide the opportunity for all involved in the Act to pause for breath and for reflection. Following the elections, civil servants will reconvene to piece together the remainder of the regulations for the Act, with invitations already being put forward to UKHCA to advise on the next stages of development. Dominic Carter UKHCA Policy Officer UKHCA lending expertise to Regulation and Inspection Have your say on recruitment and retention A reminder the Welsh Government is asking for providers' views on potential actions to improve the recruitment and retention of domiciliary care workers. This important consultation includes proposals to: l restrict zero hours contracts by number of care hours or the percentage of care hours domiciliary care providers can deliver; l give Care and Social Services Inspectorate Wales powers to carry out NMW compliance checks when inspecting providers; l give CSSIW powers to introduce measures to 'prevent call clipping, a process whereby calls are systematically cut short as care workers either do not have enough or any time to travel between calls.' l More from: http://gov.wales/newsroom/healthand socialcare/2016/150119proposals/?lang=en UKHCA Training Workshop Programme 2016 For further details, including prices and other locations, or to book - please visit www.ukhca.co.uk/conferences or call 020 8661 8185. Please note all workshops require a minimum number of delegates to run and programmes and venues may be subject to change. Care Co-ordinator responsibilities • 27th April, Birmingham • 1st June 2016, Manchester CQC - proving compliance • 16th March, Birmingham • 5th April, Hackbridge • 19th May, Newcastle End of life train the trainer • 8th June, Cardiff • 14th June, Hackbridge Medication train the trainer • 4th May, Bristol • 18th May, Central London Registered Managers • 13th April, Manchester • 12th May, Birmingham Tendering for Homecare Services • 5th July, Hackbridge 16 Homecarer – March 2016
  • 17. National reports – Wales At the turn of the year the National Provider Forum, chaired by UKHCA, wrote a joint plea with the National Commissioning Board to Welsh Government. The letter, signed by the Vice President of the Association of Directors of Social Services Cymru (ADSSC) Dave Street and leading members of the NPF, outlined the dangers of an underfunded National Living Wage, to be introduced from April, to the stability of the care sec- tor. This included the likelihood of providers leaving the market and a reduction in the amount of care being commissioned at a time of increasing need. The level of concern over the future viability of care in Wales is demonstrated by this rare partner- ship between traditional adversaries local authority commissioners and care provider representatives, including the third sector. In late January we received a response from Minister for Health Mark Drakeford. Disappointingly it offered little in the way of how this issue will be resolved, citing the NLW to not be a devolved matter. Clearly this remains something that will need both the Association and our members to be vocal about, from meetings with local authorities to joint messages to central and Welsh Government. However, within his response the Minister did at least offer a sense that he understood some of the issues facing social care regarding the NLW, a willingness to engage further with providers to search for solutions, and an ambition to look into market stability in the domicil- iary care sector. The Minister and his team will be looking closely at responses to the current consultation on the domicil- iary care workforce, where UKHCA will once again put forward the arguments on behalf of homecare providers. There are also actions in place to establish a domiciliary care specific steering group, with UKHCA playing a leading role, to assist senior civil servants look into the unique challenges faced by providers of homecare across Wales. Coupled with the review of domicil- iary care being undertaken by CSSIW, there is evidently a gradual rise towards the top of the agenda, with influential decision makers plainly seeking a clearer picture. National reports Wales l Response from Health Minister to UKHCA: www.ukhca.co.uk/pdfs/MarkDrakefordLetter31012016.pdf l Original letter: www.cymru.org.uk/files/2514/5216/7559/Letter Minister’s letter shows an awareness of Living Wage issues Homecarer – March 2016 17 Deliver better care with iConnect Advanced Health & Care have an innovative mobile working solution that’s secure, easy to use and most importantly it’s non-intrusive for service users. iConnect has been designed to deliver live schedules and service user information to care workers, whilst capturing evidence of care delivery. Advanced Health and Care Limited is part of Advanced Computer Software Group. Registered in England. Company number 02939302. Registered office: Ditton Park, Riding Court Road, Datchet, Slough, Berkshire SL3 9LL To find out how you can deliver great care with iConnect and provide an even better service at a lower cost, contact us on 01233 722670 or visit www.advancedcomputersoftware.com/ahc
  • 18. National reports – Scotland First Minister Nicola Sturgeon reviewed the future of health and care services in Scotland during a speech at Edinburgh’s Queen Margaret University on 10 February 2016. Nicola Sturgeon’s view is that the quality of education for care staff will determine how well Scottish health and social care services respond to the many challenges that will arise in the coming years from technological advances, phar- maceutical developments and demographic changes. She said: “As more people live longer, it will have a direct impact on where and how we deliver health and care ser- vices”. The First Minister announced the imminent launch of the new National Clinical Strategy which sets out how health and care services will meet people’s needs in the years and decades ahead. A key element of this approach was summed up in the First Minister’s statement that: “For all the complexity involved in deliver- ing modern health and care ser- vices, the basic argument I’m going to make is actually a very simple one. It’s this - care should always be delivered as locally as possible. In fact, when possible, it should be delivered at home. That’s not a new idea, but it is even more important now than it has been in previous decades. As more people live for longer, we need to support them to live as independently and healthily as possible”. The First Minister recognised two significant issues for homecare providers. Firstly, the problems that delayed discharges from hospital into a safe and supporting home- care service can create for service- users. Nicola Sturgeon commented that “when people can’t leave hos- pital because care and support arrangements aren’t in place for them at home. It’s bad for the patients, and it’s expensive and wasteful for the health service as a whole”. Secondly, the First Minister identi- fied the impact of the National Living Wage on the sector from April this year. Her statement that “…carers are essential to the quality of life, the dignity, and the indepen- dence of hundreds of thousands of people. Paying the living wage is just one way – but a very important way – of demonstrating that we value their expertise, compassion and commitment” followed her pledge that the Scottish Government would help to fund the increased costs to the health and social care sector of the improve- ments in wages. UKHCA awaits developments on how this pledge will be translated into improved fees for homecare providers, so that the aspiration of a Fairer Scotland for care staff can be realised. The full text of the First Minister’s address can be accessed at: http://news.scotland.gov.uk/Speeches- Briefings/Health-policy-2277.aspx National reports Scotland In the meantime, the legislative agenda in Scotland continues apace with several developments in various stages of progress. The final stage of the legislative process has seen the Carers (Scotland) Bill approved by the Scottish Parliament. When this passes into law, after Royal Assent, it will create two important new measures to support carers. Firstly, it will place a joint requirement on both Scottish councils and their local NHS partners to develop a local carers’ strategy that will support the right to request an adult carer support plan. Secondly, family carers will now have a legal right to be involved in the plans concerning the discharge from hospital of a cared-for person. A report on the results of the recent consultation on the revised Scottish National Care Standards was due to be published in February (after Homecarer went to press) and will be available on the Care Inspectorate website at www.newcarestandards.scot. UKHCA responded to the consultation in November 2015. The National Care Standards focus on seven elements, namely respect, compassion, inclusion, fairness, responsiveness, safety and personal wellbe- ing. In our submission we suggested that the most effective way of delivering these laudable characteris- tics would be to focus on a commissioning strategy that prioritises preventative services, such as home- care, to avoid unnecessary hospital or care home admissions. This would also speed up the integration of services which could take several years at the cur- rent rate of progress. The new National Care Standards will be imple- mented from April 2017 and will form the basis of all inspections of registered services carried out by the Care Inspectorate. Duncan White UKHCA Senior Campaigns Officer l Carers (Scotland) Bill: www.scottish.parliament.uk/parliamentarybusiness/Bills/86987.aspx l National Care Standards Review: www.newcarestandards.scot/ Legal developments continue apace First Minister says care should be delivered at home Nicola Sturgeon 18 Homecarer – March 2016
  • 20. 20 Homecarer – March 2016 National reports – England The Care Quality Commission has released a consultation on their proposed strategy for the next five years. ‘Shaping the future’, a thirty four page document with eight key questions, contains some interesting elements that sug- gest a growing understanding and appreciation for the operat- ing environment of care provi- sion, in addition to a lot of what we have already seen before. The overall vision for the regu- lator remains largely the same, with ‘quality regulation’ making a ‘real and positive difference to the lives of people who use ser- vices’. Being ‘professional, con- sistent, transparent and fair’ continues as the jargon used long before CQC was formed, yet the overwhelming feedback from members to our helpline suggests this is yet to be realised. The UKHCA response focuses heavily on the need for CQC to be efficient, effective and inde- pendent, particularly as the regulator moves towards a model where the majority of costs are borne by the providers they are tasked with inspecting rather than the Government. We expressed concern at plans to adapt how CQC chooses how often to inspect. Proposals suggest a provider who has performed well may be left alone for an extended period of time, whereas those at ‘higher risk’ would be monitored more closely and visited more fre- quently. It is our belief that for providers who receive a lower rating, time and resources that should be spent on improvement and service users would be increasingly channelled to interacting with CQC. There is a danger that focus could be diverted from meeting the requirements of the individual and their family to fulfilling the regulator’s demands. For providers who have performed well, while some time away from CQC might initially sound appealing, in reality potential service users are likely to be wary about a provider with a public facing report that is two years old or more. Additionally it is likely to encourage local authorities to increase their own monitoring processes, diverting money away from frontline services and resulting in duplication of the role CQC have been tasked with. It is also rather unfair to providers who will all be expected to stump up an increasingly significant fee for their registration, regardless of inspection frequency. Frustratingly, despite an increas- ing recognition in policy circles of the importance of social care to the health and care system and the desire to integrate the two aspects, the consultation and strategy rein- forces the long standing prioritisa- tion of health over social care. We argued that integration did not mean treating social care as an extension of the health sector, and that to do so in terms of regulation would only serve to harm the end user. While health and care must pursue more co-ordinated working, there remains many unique aspects of the homecare sector that CQC, throughout the organisation, need to understand if regulation is to be effective and fair. Our response also chal- lenged how far CQC could be seen as an ‘independent voice’, when at present it still conveys the impression that its independence is limited by a need to provide public messages which are palatable to central Government. There are, however, reasons to be hopeful for the future. For instance, clear reference that ‘current pressures on the adult social care sector will continue as more people need care and costs increase, for example as the national mini- mum wage rises.’ There is also concern raised at the risk of local authorities ‘sacrificing quality in favour of policies designed to make financial sav- ings.’ The consultation also outlines intentions to speed up how quickly reports are published following inspection, an issue that has been raised by providers, particularly when it is a return inspection to judge progress. There appears to be a slight shift in how CQC encourages improvement. Often we hear of providers exasperated that their inspector has declared their approach unsuitable yet will not provide any guidance on how to proceed. The new strategy talks of ‘encouraging improvement’, mostly through sharing examples of good practice. This may not remove the inconsistency witnessed or bring clarity to the grey area between ‘right and wrong’, but it does imply a greater recognition of their role to helping with learning for improve- ment. Furthermore the overall tone of the document shows a growing interest in promoting good practice, highlighting where good care has been found and how it was achieved, in addition to issues and failures. This is an important step, and one we welcomed in our response, as it can go some way to providing reassurance to the public and bringing some balance to nega- tive media coverage. Dominic Carter UKHCA Policy Officer l CQC’s strategy 2016 to 2021 ‘Shaping the future’: www.cqc.org.uk/content/2016-2021-strategy-consultation l UKHCA’s response will be uploaded to www.ukhca.co.uk/cons.aspx in mid-March. CQC’s five-year strategy shows signs of mutual understanding
  • 21. Homecarer – March 2016 21 National reports – England One year on from the sector’s biggest legislative reform The Care Act 2014 came into force on 1 April 2015, It was, and remains, the biggest legislative reform that adult social care in England has ever seen. The Act introduced into law for the first time: l A right to a personal budget; l A statutory definition of wellbeing; l Placing an obligation on local authorities shape their local care market, ensuring sustainability and securing market supply via con- tracting; and l Compelling local authorities to work towards full integration of health and social care services. It has been widely noted that the Care Bill’s passage through Parliament happened very quietly, testament to the broad cross party consensus around the Act. However, it is also a matter of fact that the Act carries with it a consid- erable cost burden for local authori- ties, while at the same time Government funding allocations to councils have been reduced signifi- cantly. Early findings from the most recent Care Act stocktake, conduct- ed by ADASS, the Local Government Association (LGA) and the Department of Health, indicate that local authorities have growing anxieties around budgeting for the Act and workforce stability. There has also been a significant fall in confidence that councils will have sufficient finances to meet the costs of implementing the Care Act through 2016/17. Many councils reported that emer- gency admissions and delayed transfers of care were impacting on the local provider market, and that uncertainty around the funding of the National Living Wage was prevalent. To an extent Government has recognised these cost pressures, having taken the surprising step of shelving the implementation of the Dilnot cap on the costs of care until 2020. The cap was supposed to have been implement- ed in April 2016, and had been a key manifesto commitment of the Conservative Party, prior to the General Election last year. The Local Government Association wrote to Alistair Burt MP, Minister of State for Community and Social Care shortly after the General Election, detailing their concerns that local government quite simply could not afford to implement the Dilnot cap so soon. The Minister and his Department responded by conceding that local government finances were not suffi- ciently robust to absorb the costs of implementing the Dilnot reforms. The Minister was right to acknowl- edge the poor state of local authori- ty finances. Reduced funding from central government and the growing costs associated with implementing the Care Act alongside other demand side pressures have impacted greatly on councils nation- ally. This has led to some comment- ing on individual council’s compli- ance with the Act. Southampton City Council recently came under criticism following a decision to set an upper limit on personal budgets for people receiv- ing homecare. The council considered reviewing all personal budgets for homecare that were at or above £500 per week. They later abandoned these plans following warnings that they may face legal challenge for failing to adhere to their statutory duties under the Care Act. These state: “The local authority should not set arbitrary upper limits on the costs it is willing to pay to meet needs through certain routes – doing so would not deliver an approach that is person-centred or compatible with public law principles. “The authority may take decisions on a case-by-case basis which weigh up the total costs of different potential options for meeting needs, and include the cost as a relevant factor in deciding between suitable alternative options for meeting needs. This does not mean choosing the cheapest option; but the one which delivers the outcomes desired for the best value.” [See Note] It has also been noted that many councils are struggling to meet their statutory duty to maintain market stability. The May 2015 Care Act’s stocktake found that 58% of coun- cils had a robust and comprehen- sive understanding of the costs of care, while 70% of councils felt assured that all providers they pur- chase services from were compliant with the National Minimum Wage. What is most concerning is that 68% of councils said that a negative impact on the provider market was one of the main risks associated with the Care Act reforms. Financial constraint has, and will continue to, impact upon how successful the implementation of the Care Act has been and will be in the future. We have already seen Government acknowledge that key reforms within the Act were unaffordable at the current time, and local authorities have also conceded that they will struggle to ensure market stability while meeting the costs of implementing the Act. While the broad consensus remains around the importance of the reforms contained within the Care Act, it seems that the state of local authority finances is the key barrier to the successful implemen- tation of the Act. Jonathon Holmes UKHCA Policy Officer l Note: Care and Support Statutory Guidance, Issued under the Care Act 2014, para 10.27: www.gov.uk/government/publications/care-act-2014-statutory-guidance-for-implementation National reports England “ Reduced funding from central government and the growing costs associated with implementing the Care Act alongside other demand side pressures have impacted greatly on councils.
  • 22. Following one of the Donaldson Report’s key recommendations, Simon Hamilton has appointed a panel of international experts to oversee the reform of health and social care in Northern Ireland. The panel will be headed up by Professor Rafael Bengoa; the panel are due to present a report, including recommendations for the transformation of health and social care across the province in the summer of 2016. The panel have been briefed to look at the outcomes and benefits for the population of Northern Ireland, rather than focussing on systems. The Minister has expressed a commitment to devel- oping a world class health and social care system in Northern Ireland; the panel’s recommenda- tions will guide this process. Though the recommendations will not be binding, the Executive will have the final say on what the future of health and social care in Northern Ireland. This is contrary to one key recom- mendation Sir Liam Donaldson made in his report. He envisioned a panel of international experts whose recommendations would be binding. Donaldson concluded that reform in Northern Ireland had previously been prevented by politicians taking a populist stance and adverse media coverage. The Minister maintains that the democratic authority of the Executive must not be superseded by a non-elected panel. Professor Bengoa has consider- able experience of delivering health care reform, having been previously the Regional Minister of Health and Consumer Affairs in the Basque region of Spain between 2009 and 2012. While in this post he presided over what is regarded to be the successful transformation of the region’s health and care service during a time of deep austerity. Within this time Professor Bengoa met with former Health Minister, Edwin Poots. Both noted the similarities in health and care provision between the Basque region and Northern Ireland. Professor Bengoa’s reforms are now in place in the Basque region, and have focussed on system restructuring rather than relying on additional resources. Key elements of the Basque reform included: l Focus on population health combined with a predictive risk approach; l Promotion of public health; l Greater autonomy for people who use services, i.e. self-directed support; l Assuring continuity of care for people with chronic conditions; and l Efficient interventions that are person centred. UKHCA will look to work with the panel and submit evidence to them where appropriate to inform their findings. 22 Homecarer – March 2016 National reports – Northern Ireland ..and announces £1.6 million funding boost Minister appoints expert panel to oversee health and social care... Simon Hamilton MLA has recently announced that an additional £1.6 million will be released to the Health and Social Care Board. This funding is intended to sup- port recruitment issues across the entire adult social care sector. The new money will bring about a 2% per hour increase in the price paid for homecare by the Health and Social Care Trusts across Northern Ireland. The Minister acknowledged that while this increase may be welcomed by some providers, there are further challenges ahead such as the introduction of the National Living Wage. The 2% increase is an interim measure and the Minister intends to continue to engage with representa- tives from the independent and voluntary sector to arrive at a suitable settlement for the financial year 2016/17. Trusts should be contacting providers they work with directly to clarify exactly how the fee increases will reach frontline services. National reports Northern Ireland Editor: Michelle Gederon Editorial Panel: Colin Angel and Carole Broughton Policy Commentators: Duncan White, Jonathon Holmes and Dominic Carter Editorial Advisers: Lucianne Sawyer CBE, President; Yvonne Apsitis, Ambassador; Noni Cobban. Telephone: 020 8661 8188 Email: policy@ukhca.co.uk UKHCA Board: Mike Padgham, Chair; to be appointed, Vice Chair; Lynda Gardner, Hon Secretary; Trevor Brocklebank, Treasurer; Dominique Kent, Lesley Megarity (Northern Ireland), to be appointed (Wales), Val Robson (Scotland), Mike Smith, Claude Suppiah, Raina Summerson, Jayne Townson, Richard Walker, Fiona Williams, Max Wurr, Mike Potts (co-opted member). UKHCA: Bridget Warr and Peter Randall. Details: www.ukhca.co.uk/board.aspx Homecarer l Homecarer is published by United Kingdom Homecare Association Limited (UKHCA) as a service to UKHCA members. Registered office: Sutton Business Centre, Restmor Way, Wallington, SM6 7AH. Registered in England No. 3083104 l Whilst every effort has been made to ensure the accuracy of this edition, it is intended to provide information rather than a definitive statement of the law; advice should be taken before action is implemented or refrained from in specific cases. UKHCA and its contributing authors accept no responsibility for action taken or refrained from solely by reference to the contents of this edition. l Homecarer is designed and typeset by Simon Jenkins, 36, Allerton Grange Rise, Leeds, West Yorks, LS17 6LH. t: 07791-333229; e: s.w.jenkins@ntlworld.com l Printing by ES Print Solutions, Media House, 26 Trenance Gardens, Halifax, HX4 8NN; t: 01422-375445; e: info@esprintsolutions.com; w: www.esprintsolutions.com l All views expressed in Homecarer are those of the authors and not necessarily those of the Association or its Board l UKHCA can accept no liability for services or products offered or provided. Inclusion in Homecarer does not imply endorsement by the Association. l For an advertising pack or to find out about joining UKHCA as a homecare provider or commercial member, Tel 020 8661 8188, enquiries@ukhca.co.uk l Picture credits: Care Quality Commission ‘Shaping the Future: Consultation Document’ (p20)
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  • 24. Sign the petition at: bit.do/soh2015 Homecare workers help almost a million people in the UK remain independent at home For more information search Facebook for “Save our homecare”