The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
For decades the policy has been to close long-stay hospitals in preference for localised care services. Yet as Paul Burstow, then minister of state for care services noted in the Department of Health’s interim Winterbourne View report: ‘With the closure of long-stay hospitals… a new form of institutional care developed: what we now know as assessment and treatment units. Not part of current policy, and certainly not recommended practice, these centres have sprung up over the past 30 years. Containment rather than personalised care and support has too easily become the pattern...’
Norman Lamb, current minister for care services, has confirmed that the final report will be published shortly, together with a ‘concordat setting out the responsibilities of government, commissioners, providers, professional bodies and regulators and the timetabled actions that each body commits to deliver’.
However, as the Serious Case Review noted, ‘on paper, the policy, procedure, operational practices and clinical governance of Castlebeck Ltd (owner of Winterbourne View) were impressive’. It is people, not policies or paper trails, who ensure the safety of adults with learning disabilities. It will take time to source sufficient quality local facilities, and sadly for some, a community placement may not prove feasible. Families, professionals and the local community must work together to open windows into these closed communities, for the benefit of each person who continues to be cared for in a long-stay hospital.
In Winterbourne View, families were kept to designated visitor areas. If visits took place on the wards, or in communal living areas, then any resident who was unusually anxious or distressed would not go unnoticed. Most patients at Winterbourne View were detained under the Mental Health Act 1983. Consequently, they had a right to support from an Independent Mental Health Advocate. IMHAs have no loyalty to hospital management and will speak freely on behalf of the patient.
Adults with autism or learning disabilities may not be able to access independent advocacy without support. Commissioners of mental health and learning disability services, when contracting with providers, could insist on an IMHA referral for each patient who lacks the capacity to secure an advocate. Anyone detained under the act can appeal to the First-Tier Tribunal (Mental Health) and have the lawfulness of their detention scrutinised by an independent body. Adults with learning difficulties may not understand, or be unaware of, this right. If they make no appeal, then the hospital managers must refer their case to a tribunal after six months, and again after three years. The secretary of state may also refer a patient to a tribunal at any time. Anyone can request such a reference.
The Serious Case Review noted that these services should be viewed as ‘high risk’, subject to ‘frequent, more thorough, unannounced inspections’. To supplement the scrutiny of the Care Quality Commission, an independent monitoring board akin to that established in the prison service might provide greater protection. In these hospitals local people could fulfil a similar role, enjoying unrestricted access to patients. When vulnerable adults are placed in institutions in remote or rural locations, this may also create, for them, a community support network home-from-home.
The greater the opportunities for individuals – family, professionals, and members of the local community – to access and meet these vulnerable adults, the lower the risk of further abuse.
Sheree Green is senior associate at Anthony Collins Solicitors.
This piece first appeared in The Law Society Gazette on 15 November 2012. A copy of this article can also be found on their website – click here to view.
Supreme Court publishes key decision for those working in the UK’s gig economy.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.