Regulated activities are the activities that the DBS can bar people from doing. It is a criminal offence for a barred person to seek to work, or work in, activities from which they are barred. It is also a criminal offence for employers or voluntary organisations to knowingly employ a barred person in regulated activity.
The CQC provides guidance on which activities are considered regulated.
This is their quick reference guide, showing how regulated activities and service types are likely to link to each other. It is important to review the regulated activities
regulations, decide which regulated activities your service carries out, and then apply to register for those activities. If you carry on a regulated activity without being registered for it, you may be prosecuted and liable to a fine.
The Department of Health has also published information on the scope of regulated activity in relation to adults.
The hidden scale of abuse of adults at risk can be assessed by tracking individual council’s levels of referrals.
Case Study – a Borough Council
For instance, 118 paid staff were accused of abusing vulnerable adults in XXX Borough Council last year, but only 14 were disciplined. Furthermore referrals to xxx Borough Council have increased by 80 per cent to 380 people over the last 12 months. Of these 380 people, 192 were elderly and 152 had a learning disability. Continue reading Hidden extent of the abuse of adults at risk
The debate about the care of vulnerable adults, in particular the elderly, is intensifying. A year-long inquiry by The Equality and Human Rights Commission into standards of care for the elderly at home has uncovered “appalling” evidence of pensioners being deprived of food and drink, handled roughly, humiliated and even robbed. Many incidents amounted to “abuses of human rights”, which left elderly people feeling profoundly depressed, in tears and even expressing “a desire to die”, the report said. Many care workers often spend just 15 minutes with an elderly person, ticking off pre-arranged “tasks” in an approach that displayed “chronic disregard” for their dignity.
In one case, an elderly blind man said two council carers were talking to each other over his head, leaving him feeling like “a lump of meat”. In another, a 76-year-old woman with advanced cancer was told her care worker could not prepare her a microwave meal because of “health and safety” rules. Baroness Greengross, the commissioner responsible for the report, told The Daily Telegraph that 250,000 vulnerable pensioners in England were receiving “poor or very poor” standards of care at home…but the true figure may be far higher because many are “too frightened to complain”, she said. Continue reading Equality and Human Rights Commission join debate about elderly care
A ‘Deaths in custody’ corporate manslaughter crime has been created so that Police and other authorities can now be prosecuted over deaths in custody in England, Scotland and Wales.
BBC News highlights that the new legislation of The Corporate Manslaughter and Homicide Act, which has now come into effect means police forces, the MoD, UK Border Agency and private firms managing people held in custody can be prosecuted for corporate manslaughter. Corporations can already be prosecuted for corporate manslaughter or for the equivalent offence (corporate homicide) in Scotland. The extension of these offences to public bodies involved in detention means they could be prosecuted if they failed to ensure the safety of someone in their care. Examples could include deaths during an immigration removal or when someone has been restrained using an unauthorised or badly taught body hold.
The law does not cover incidents abroad, such as where someone dies in the custody of British forces. However, British nationals can be convicted of causing a death through gross negligence, even if the fatality occurred overseas. The provisions are not retrospective, meaning the law could not apply to cases such as Jimmy Mubenga, an Angolan man who died during his deportation in October 2010.
Under the Safeguarding Vulnerable Groups Act of 2006, priosoners were included as ‘vulnerable adults’. However the Protection of Freedoms Bill will remove this status when it becomes law.
Continue reading ‘Death in Custody’ crime created
A FORMER Cwmbran senior support worker has been jailed after admitting stealing £5,670 from vulnerable adults in her care. Karen Moore, 40, of Brendon Hill, Somerset, appeared in Newport Crown Court after pleading guilty to three theft charges relating to her time working at CPI Care’s supported accomodation on Roll’s Close, Cwmbran.
Moore was a senior support worker at the facility between 2005 and 2008, where she helped four adults with learning difficulties, controlling their financial affairs, taking money out of their accounts and paying outgoings.
It was after Moore had left the position and moved to Somerset that the deception came to light in June 2010 and she was arrested and interviewed by police in Minehead. Prosecutor Hywel Hughes said CPI Care found unexplained cash deposits made by Moore, with the overall loss greater than £5,670, but this is the amount that was provable.
In interview, Moore told officers she struggles with figures and made up sheets to make cash tally, while Mr Hughes said she made withdrawals to pay off her own debts.
Judge David Morris called it a “tragedy” that someone of Moore’s intelligence and background was in front of him for him for such offences. He said she had breached a position of trust repeatedly and gave her concurrent terms of 14 months for each offence. DC Sarah Garland of Gwent Police’s protection of vulnerable adults team said: “She had a position of trust helping people live independent lives. She abused this position, so a custodial sentence is fair.
The scandal of vulnerable adults being abused at Winterbourne House highlights safeguarding gaps following the Panorama expose. The National Autistic Society (NAS) has submitted a 10,000 strong petition to Parliament asking for urgent action to address the failings in the current system of inspection of adult care services. John Pugh, MP for Stockport and Co. Chair of the Liberal Democrat Committee on Health and Social Care, presented the petition calling upon the Government to review the inspection process for vulnerable adults living in residential care. It asks for the following points to be addressed:
- All organisations must create working cultures where abuse is unacceptable and clear polices and procedures are in place to report abuse and wrongdoing.
- It is vital that individuals working in adult social care have the right attitude to work with vulnerable adults and that they are trained in safeguarding and managing challenging behaviour
- Robust and rigorous recruitment procedures are essential.
- Specific on-the-job training should be regularly assessed and refreshed.
- Staff must have relevant and specific knowledge of the disabilities they are dealing with to help support individuals appropriately.
Commenting, Carol Povey, Director of NAS Centre for Autism, said: “It is completely unacceptable that any form of abuse by support staff takes place in any care service. It is deeply distressing that these vulnerable adults have been treated so diabolically and the strength of support for urgent action is palpable. In less than two weeks the NAS received over 10,000 signatures to the petition.
31 May – BBC Panorama’s Undercover Care: The Abuse Exposed The BBC filmed abuse of patients with learning difficulties at Winterbourne View residential hospital in Bristol. During five weeks spent filming undercover, BBC Panorama’s reporter captured footage of some of the hospital’s most vulnerable patients being repeatedly pinned down, slapped, dragged into showers while fully clothed, taunted and teased.
The case has been condemned as “shocking” by the government and Care Services Minister Paul Burstow said he was determined to strengthen safeguards for vulnerable adults. He has already ordered a thorough examination of the roles of the government regulator, the Care Quality Commission (CQC), and the local authorities. CQC chairman Dame Jo Williams admitted that the failure to follow up the reports of a whistleblower – a senior nurse at the home – had been an “unforgivable error of judgement”. Avon and Somerset police confirmed three men – aged 42, 30 and 25 – and a 24-year-old woman were arrested as part of their investigation into the hospital. The hospital’s owners, Castlebeck, have apologised and suspended 13 employees. It has launched an internal investigation into its whistle-blower procedures and is reviewing the records of all 580 patients in 56 facilities. Winterbourne View can accommodate 24 patients and is taxpayer-funded, charging the state an average of £3,500 per patient per week.
The programme was broadcast on BBC One on Tuesday 31 May at 2100 BST and is available to view in the UK on the BBC iPlayer.
A Bill to promote awareness of abuse of elderly people entitled ‘Support and Protection for Elderly People and Adults at Risk of Abuse Bill 2010-11’ has been introduced under the Ten Minute Rule motion by Nigel Dodd MP.
It is expected to scheduled to have its Second Reading debate on 21 October 2011. It’s objectives are:
- to promote awareness of abuse of elderly people and adults at risk,
- to promote training on how to recognise and respond to such abuse amongst those who are likely to encounter abuse in the course of their work,
- to promote greater awareness and understanding of the rights of victims of abuse amongst agencies with responsibilities for providing, arranging, commissioning, monitoring and inspecting care services,
- to promote the development of local strategies for preventing abuse of elderly people and adults at risk and for ensuring that victims are assisted in recovering from the effects of abuse’
South Lanarkshire Council has joinedwith 13 other councils to produce a TV campaign that they hope will offer hope to thousands of Scottish adults who suffer verbal, physical, sexual and financial abuse every day. It follows research carried out by Mencap, the charity for people with learning disabilities and their families, which found that 90per cent of people with learning disabilities reported being bullied in the last year.
Charity Action on Elder Abuse, recently revealed that property and cash worth nearly £8million, including 31 homes, had been stolen from UK pensioners in just one 12 month period. The figures were generated from 471 calls to the charity’s helpline. Continue reading TV campaign about vulnerable adult abuse
About 500 people a month are being referred to Leicestershire police’s newly formed specialist adult referral unit. It was created to ensure vulnerable adults do not slip through the net following criticism after the death of Fiona Pilkington and her daughter in October 2007. Ms Pilkington killed herself and her daughter Francecca after years of torment from yobs. Continue reading 500 referrals to Pilkington unit each month
The Care Quality Commission, or CQC – are being massively cut back. Five years ago, there were 50,000 visits in a single year. This year, there will be a quarter of that. source : Article by Johann Hari in The Independent Continue reading Impact of the CQC cuts