Introduce the Care Cap Urgently
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Open letter to Sir David Behan (CEO) of the Care Quality Commission (CQC)
The Government may well shoot itself in the foot through it's own legislation and regulators........
I could really use some advice from a legal expert but ...
The Health and Social Care Act (2012) transferred powers to parliament whereas the previous system saw that ministers were able to set up new organisations etc..
The Care Quality Commission (CQC) regulate care providers to ensure standards set out within this legislation are carried out.
To date, The CQC will not set a definite ratio of patients to carers and I personally have seen and worked in places that were seriously and dangerously understaffed.
Regulation 18 (CQC) staffing - states that "Providers must not act in a way that prevents, limits or would result in staff not meeting requirements required by professional regulators".
Staff shortages and lack of training and experience causes serious errors. You only need to look at the safeguarding concerns that have been raised to the CQC and the causes.
Staff are set a "living wage" of £7.50 ph whilst also paying at local level an increase in council tax rates towards a social care system that is thread bare.
It is not very well known but is understood and believed that if an act of Parliament breaches the convention rights of the human rights act (HRA, 1998) then the courts can decide that an act of legislation is no longer compatible.
The Health and Social Care Act (2012) recognises and states that "Demand is growing rapidly as the population ages and long-term conditions become more common" yet Parliament allowed and accepted the 2017 budget of £2 billion over three years to go to our social care system whilst delaying the Care cap until 2020 for the elderly, disabled and vulnerable who have to pay for their care.
The HRA, 1998 article 8 breaches include "being treated badly in a care home"
I am therefore openly recommending to all carers and families that they report understaffing, lack of training, financial abuse (that pesky care cap) and any issues directly to the CQC.
Almost every care home should be placed on "Special Measures" immediately
Sincerely and Respectfully
Miss Sarah Wiles
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