Giving care home residents the right to see and spend time with those who are important to them.
Views sought on the best way to introduce ‘Anne’s Law’.
The public are to be asked for their views on the best way to support people who live in adult care homes to maintain connections with family and friends.
A five-week consultation is to be held on introducing Anne’s Law – to ensure people who live in adult care homes have rights to be able to have direct contact with people who are important to them in order to support their health and wellbeing.
Social care bodies across England have joined together to launch Social Care Day of Remembrance and Reflection honouring the work and lives of the adult social care workforce during the pandemic.
A total of 21 organisations supported by Social Care minister Helen Whately have come together to launch the memorial day being held in March 2022.
An estimated 922 social care workers in England lost their lives between March 2020 & May 2021.
A Memorial Wall and Thank You Wall have been launched on The Care Workers’ Charity website where people can share tributes to care workers lost during the pandemic and say thank you to those who provided vital support. Marking many months of sacrifice The past year has been a difficult time for the entire adult social care workforce, across the adult social care sector.
The Action Group, who provides support to children & adults, has been fined £20,000 after HSE investigated how risks to staff were assessed, in the wake of an attack on an employee by one of its service users.
Edinburgh Sheriff Court heard that a female employee of the Action Group was abducted, assaulted, sexually assaulted and raped in 2018 while visiting the home of a male service user to provide support and care.
A care provider has been fined £363,000 after it failed to protect people it cared for from sexual assault.
The care company, which cannot be named for legal reasons, pleaded guilty to failing to protect a woman who was resident at a care home it runs in Nottinghamshire from abuse & improper treatment.
This resulted in her being sexually assaulted.
It also pleaded guilty to exposing the home’s other residents to significant risk of avoidable harm by failing to safeguard them from the risk of abuse.
The company was also ordered to pay £12,441.28 costs to the CQC, which
prosecuted these criminal offences.
A care provider has been ordered to pay £33,661.60 at
Plymouth Magistrates’ Court, after it failed to protect residents from avoidable harm.
Teignbridge House Care Home Ltd which runs
Teignbridge House Devon, was fined £21,000 in court in July
It was also ordered to pay a £170 victim surcharge & costs of £12,491.60.
The prosecution concerns unrestricted window in a first-floor bedroom at the home. The resident subsequently fell
landing on the concrete below & sustaining a number of life changing injuries.
Following this incident, the provider undertook an audit of
windows in the home. A further 17 windows were identified as lacking window restrictors, exposing other service users a number of whom suffered from dementia,
to a significant risk of avoidable harm. More here
A fitter has been fined following a gas leak from a newly fitted range installed in a North Devon residential care home.
The court heard that in December Mark Whitham undertook the installation of the new gas range cooker after damaging the existing gas cooker whilst fitting out a new kitchen.
Over the next 24 hours staff at the care home experienced problems with the operation of the cooker & contacted their usual Gas Safe Registered engineer.
He found a substantial gas leak from the gas supply connection to the cooker.
An investigation by the HSE found that Mr Whitham was not registered with the Gas Safe Register.
He was sentenced to 6 months imprisonment for each offence, suspended for 12 months. He was also ordered to undertake 120 hours unpaid work &costs of £2,000
HSE is consulting on changes to the PPER 1992. We encourage you to draw the attention of your stakeholders and other interested parties to this consultation launching on Monday 19 July 2021 and running for 4 weeks.
The aim of the consultation is to understand the impact on stakeholders and businesses of extending the scope of the employers’ duties under the PPER to workers and not only employees.
Why is the Health and Safety Executive (HSE) making changes to the regulations?
In November 2020, a judgment was handed down in the judicial review action in the High Court brought by the Independent Workers Union of Great Britain (IWGB) against the Secretaries of State for Department for Business, Energy and Industrial Strategy (BEIS) and the Department for Work and Pension (DWP), which decided that the government had failed to properly transpose Article 8(4) and 8(5) of EU Directive 89/391/EEC (“the Framework Directive”) and Article 3 of EU Directive 89/656/EEC of 30 November 1989 (“the Personal Protective Equipment Directive”) into UK law.
The Framework Directive sets out the minimum standards for health and safety through a series of general principles, and the Personal Protective Equipment Directive (“PPE Directive”) sets out the minimum health and safety requirements for the use of personal protective equipment in the workplace for workers.
The UK implemented the PPE Directive through the Personal Protective Equipment at Work Regulations 1992 (“PPER”) which places duties on employers to their ‘employees’ in regard to PPE. The High Court found that the PPE Directive required these duties to be extended to ‘limb (b) workers’ and not only ‘employees’. Therefore, HSE is making amendments to the PPER in order to align with the court’s judgment.
What does this mean?
Employers will have a duty to provide limb (b) workers with the same health and safety protections in respect of PPE as they do currently for employees.
Options on how to achieve the extension of the provisions to workers in the legislation will not be presented during the consultation as the key legislative changes are being made to align with the court decision.