Solicitor hits out at red tape
A PARTNER at a Cheltenham law firm has hit out at a health regulator following its announcement concerning a care home.
The Care Quality Commission has ordered the owners of Royal Court in Fiddlers Green, Bromford Housing Group, to make immediate changes following an unannounced visit in December, as reported in yesterday's Echo.
Derek Jones, a partner at Rickerbys LLP specialising in health care regulation, said: "As with any regulated business these days there is, in our opinion, far too much red tape. Personally I would rather have a carer looking after my relative than leaving them alone while they spent time writing up notes in a care plan. It is a question of getting the balance right.
"Clearly things are not so bad at Royal Court that CQC actually considers it necessary to use any of its legal powers."
A spokesman for the CQC responded: "We have a public duty to report on matters of public concern and where we find poor care we will continue to report that to the public. There are many organisations representing people who use services who are entitled to expect we would represent the needs of the vulnerable people who live in care homes or depend on care services. We are there to represent their interests and take into account the views of providers."







4 Comments
by 06101915
Monday, February 27 2012, 2:59PM
“I would like to take issue with some comments made by David Jones from Rickerby's solicitors concerning the usefulness or otherwise of care plans and other records. As a partner in a company who specialises in health care legislation he seems remarkably uninformed about the dangerous practice of not keeping written records about everything which happens. An effective care planning policy and procedure needs to be established by experienced and trained managers. The staff should then be trained on how they should keep accurate records through the use and development of care planning. They also need to know the relevance of this part of their work so that they view this task in a positive manner – not as a tick box exercise. Care planning is mostly done with rather than about each resident ensuring that care is client led. Each member of the team should then receive professional supervision at least bi monthly – part of this process being to discuss with each key worker any issues arising from their key residents. Time is the key to success or failure of this way of working. If there is insufficient time allowed to complete these records they will become totally useless and staff will feel even more pressured because they want to do a good job but the 'system' does not support this.
My views are not hypothetical but have evolved from the experience of being the manager at Royal Court from 1992 until 2009. Such a system was in place when I left but in Bromford's quest to get rid of the old and bring in the new perhaps the 'baby went out with the bath water'? Who knows?
Mr Jones says he would rather have staff who are doing a good job rather than writing about it. This seems a very odd attitude for a solicitor to take when he must know that, in the eyes of the law, if you write about doing a job then it is accepted that you did it. If you say a job was done without written evidence to back you up, you will be found lacking and your career and reputation under threat – sometimes even ending with a criminal record.
If Mr Jones's Mum was being cared for in a home what would he expect when he asked the manager or another staff member a question about her general health or GP visit perhaps. Would he expect a vague mumble because no-one seemed to know the answer? I think not. He would want to hear a positive, accurate response and the verbal information to be supported by an up to date, well written and clear care plan with all of the other information contained within it. The conclusion Mr Jones formed is that
"Clearly things are not so bad at Royal Court".
Is this assumption made from any evidence as to this state of affairs? A home which has, as a previous writer states, a high turnover of staff, some staff need 'further training', and only a few 'quality staff members'. With the hindsight of 40 years of care and management, the care in most homes is as good as it is, due to the unfailing efforts of a few care staff who care so much about their job and the people in their job, they always go the extra mile or two or even three! Poor pay, little training, not enough staff, little recognition etc etc! They are stars!
As a Housing Association Bromford is, without doubt, one of the leaders in this market but unfortunately they do not seem to have the skills within the group to adequately provide residential care to elderly people and to support the staff to do this. However, they must look carefully at what has been identified as their failings. Care of elderly people in a residential setting is a totally specialised type of service. In my opinion they need to take advice from experts or consultants in this field or work in order to develop best practices. Perhaps it may even be appropriate to transfer the home to an organisation which is already committed to quality care.”
by chasparker
Thursday, February 09 2012, 8:01PM
“Unfortunately red tape is here to stay so we have to live with it. Derek Jones is a solicitor so he must know a bit about red tape as any house buyer cen tell you! Recording details of medicines and writing up care plans are vital jobs of any care establishment. I have a relative in Royal Court and find the care received is generally very good. They have a problem with staff turnover I believe, maybe that is where the main problem stems from. Whether they pay their care staff enough is another issue and may be the reason for the high staff turnover and the few poor quality staff members. The majority of the staff I've been in contact with have been very good though some clearly need 'further training'. The biggest problem appears to be out of hours staffing when the phones are rarely answered and the staff are difficult to find. Overall though, I'm glad my loved one is in here rather than some of the other so called quality homes we viewed.”
by Bonkim2003
Thursday, February 09 2012, 3:57PM
“Is this solicitor representing the care home? If so is he in breach of the code discussing his client's business in the papers?
If not and he is commenting privately, why refer to him being a solicitor?
either way - he has a prejudicial interest and only letting off steam.”
by Cheltonian48
Thursday, February 09 2012, 12:07PM
“Mr Jones obviously doesn't have a relative in a care home! The care plans are necessary and must be up to date for the sake and safety of all concerned.
At the care home known to me, the carers write up important notes about issues and incidents concerning their residents in the residents' lounge and if necessary, a colleague will come and sit with her until she has finished. These notes are often vital for staff coming on duty to catch up on.”