Independent Care · PDF filethe newsletter for independent care providers in York ... 01845...

Inside this issue:

Mediation 2

Problems getting paid? 3

NYCC puts Telecare

into care homes

4

NHS NYY changes 5

ICG Day services Mtg

CRB changes

LD Out of area place-

ments

Working with CCGs

6

Your letters 7

Independent Care Matters the newsletter for independent care providers in York

and North Yorkshire

Issue 31

Summer 2012

ICG Chair Mike Padgham says ‘In the spirit of goodwill, we have agreed to go on a journey with the Council to

seek to establish through genuine research the actual cost of care in North Yorkshire. We will then work with the

Council to see new fee rates adopted within a timeframe. We know that conditions are very tough financially and

the Council will have to do this in stages but we are grateful to have reached this point with them. We commend

them for working with us on it. We feel more optimistic about the future and welcome the start of a new stage in

our relationship with the Council working together to improve social care for the clients who need support, the

people who work in social care and the care homes across the County –

many of which are small businesses.’

NYCC Director of Health & Adult Services Helen Taylor says ‘I am pleased

that the mediation process has led to a positive outcome. We now have a

pathway forward and we hope that providers will take part in the actual

cost of care exercise. There has never been a more challenging time for

social care and our jointly agreed approach will be crucial in continuing to

meet the needs of vulnerable people in North Yorkshire.’

Judicial Review—Mediation update Joint statement from ICG and NYCC

Some of the Claimants working on the Mediation Day: John Fisher,

Janet Brooke, Sue Ullmann, Dave Shilton, Karl Beckett & Tony Conroy

ICG and NYCC are pleased to announce that the mediation meet-

ing held on 15 August 2012 has led to positive progress.

ICG, the care homes which participated in the Judicial Review action, and

NYCC agreed that the legal process was a last resort and that they were

keen to move forward together to address the rate paid for care in North

Yorkshire. The headlines are as follows:

NYCC will work together with ICG on an exercise to consider the actual

cost of care within residential homes. An independent accountancy/audit

firm will be appointed. Information will be collected and verified

independently and NYCC will give ‘due regard’ to this in the fee setting

process for 2013 - 14 onwards.

Judicial Review proceedings will be ‘stayed’ for four months to allow for

progress in terms of developing and undertaking an actual cost of care

process.

In the interim, the current standard rates paid by NYCC will be increased

by 2.5% from 8 October 2012. Any changes to fees for 2013/14 will now

be subject to this ‘due regard’ (see above).

In addition, guidance regarding the use of third party top-ups will be

finalised and circulated to care homes, potential residents and NYCC

staff. The Council has confirmed that it will not in any way inhibit the

ability of care home providers to charge Top Ups and will not infer any

adverse inference from those care home providers who choose to levy

Top Ups so long as the Top Up is lawful and there is a third party willing

and able to make the contribution.

The Council has also agreed that it will have due regard to the Pension

Savings Disregard in determining the available funding, setting fees and

allocating any annual increase in the pension benefits.

Independent Care Matters

A n exciting new chapter in the

history of delivering social

care across the county will

follow The Independent Care Group

reaching agreement with North

Yorkshire County Council following

Mediation on fee levels.

The ICG and the care homes which

participated in the Judicial Review action

were pleased to agree a new way

forward which will mean an increase in

fees from October this year and the

setting out of a new Actual Cost of Care

model, following a piece of work to be

undertaken by both sides using

independent research.

ICG Chair Mike Padgham said: ‘Both

sides have worked extremely hard to

reach an agreement which allows us to

move forward, in a positive manner, and

to concentrate on delivering high quality

social care to people who need it in North

Yorkshire. I thank the County Council for

working with us on this.

‘As providers we know the economic

climate is difficult and that change will

not happen overnight but as we now look

to move forward we are optimistic that

we can work together to achieve a price

for care that is fair to the providers and

the local authority and which guarantees

the quality of that care to the people

receiving it.’

Following mediation, the Group and

North Yorkshire County Council will work

together on an Actual Cost of Care

exercise, with the help of an independent

accountancy/audit firm.

Both parties will work on the scope of the

exercise, with the Group helping to

provide data input along with care homes

across the County. This will form the

basis for setting new social care fee rates

in the future.

In the interim, there

will be an increase of

2.5% in the standard

fee paid for care to

come into effect from

8 October 2012.

This will give the

following rates:

ICG wishes to give special thanks to its

members who joined with the ICG in the

Judicial Review action. They not only

risked putting themselves forward but

have worked tirelessly with us on

achieving a settlement on behalf of all

care providers in North Yorkshire.

They are:

Holistic Care Provision – Tony & Gill

Conroy and Karen Shann and

David Shilton

Fisher Partnership – John Fisher MD

Harrogate Neighbours –

Sue Ullmann CE

Wellburn Care – Karl Beckett MD

The Everley – Janet Brooke

Clifton St Anne’s – Lou Squires MD

Peregrine House – Kevin & Theresa

O’Sullivan

St Cecilia’s Care Home –

Mike Padgham (ICG Chair)

ICG also wishes to thank lawyers Hempsons

of Harrogate who have helped us at every

stage including reaching a settlement.

The ICG will be meeting with City of York

Council to discuss fees in the near future.

Mediation ushers in new era for social care funding for care homes in North Yorkshire

ICG Chair Mike Padgham

who led the negotiations

for care providers

Weekly rate

2011/2012

Weekly rate

from 8 Oct 2012

Residential £346.17 £374.71

Enhanced/

dementia

£379.53 £392.91

Nursing (ex FNC) £391.87 £403.69

Problems getting paid? NYCC works hard to ensure payments are made on time, especially at times when IT systems change, as they have this year. There has been a re-organisation and Linda Porritt is the new Benefits, Assessments & Charging Manager for the County. If you have any problem with payments these are your contact points:

NHS North Yorkshire and York (the PCT) payments and assessments Note: The PCT will now only accept consolidated invoices (not single invoices per client).

If you have any problems with delays in payments or assessments please contact Debbie King, Senior Contracts Manager – NHS Continuing Care Team on 01845 573 800 or e-mail: [email protected]

Care providers need to join together locally in

order to influence and inform those who

commission care services and politicians

ICG believes that only through unity can we raise the profile of our industry and

our hard working staff and have a meaningful dialogue with commissioners on the

true cost of care.

Care Businesses need representation. At ICG, we listen to the views of members

and communicate proactively and positively on their behalf.

ICG is a strong organisation which works with commissioners to find solutions

while at the same time reflecting the views of care providers.

Our aim is to help our members to provide the best quality service to their clients

and to this end we send weekly information to keep you up to date.

Make ICG your organisation.

For membership details see our website. All providers are very welcome to join us.

www.independentcaregroup.co.uk ● 01423 816 582 ● [email protected]

Together we’re stronger

NYCC assessments and charging

Area Name of Manager E-mail address Tel. No.

Central Area

(Hambleton/Richmond & Selby) Ian Campbell [email protected] 01609 533 817

West Area (Harrogate/Craven) Christine Paul [email protected] 01609 535 178

East Area Mark Foster [email protected] 01609 534 683


Derek Law

NYCC project puts Telecare into care homes

I n an innovative project, the first of

its kind in the country, NYCC has

been demonstrating the benefits and

installing telecare into care homes in the

North Yorkshire.

Having recruited around 30 care homes with

the help of ICG, NYCC commenced training care

home staff in raising awareness and potential

use of telecare to

support residents

and staff in the

managing risks

associated with

their care needs.

Equipment has

been provided to

homes for a

range of reasons

to meet client

needs and has been welcomed. It can help

with the care of residents in many ways.

The equipment has included bed occupancy

sensors to alert staff to a resident getting out

of bed who needs assistance due to ill health

or frailty; door exit sensors to support those

residents who may leave their room and be at

risk such as close proximity to stairs or exhibit-

ing challenging behaviour to other residents;

enuresis sensors to support residents who may

experience incontinence and support staff to

act when there is an issue and not disturbing

the resident at night by checking just in case.

Following the training, care home staff began

immediately to identify clients who could be

helped.

Examples of clients who have benefited:

* a privately funded elderly woman who is frail

with early onset dementia. The afternoon after

the telecare awareness talk the home

contacted the local Telecare Coordinator to

discuss the merits of a bed occupancy sensor

for the woman who is at significant risk of

falling. The home was considering having to

move the lady due to the demands of checking

to see she was okay. The family did not want

this and the home wished to retain its long

standing resident. Telecare enabled the

managing of the care needs by the staff so the

woman could stay. The family were happy to

add the equipment to the cost of the privately

funded care.

* a privately funded residential client that the

home initially was not sure that it could

continue to support as the traditional

approach of regular checking of resident’s care

needs were too demanding on the staffing

resource. After the telecare awareness train-

ing , the home added a bed occupancy sensor

and door exit sensor to the package of care

which enabled the management of the

situation supporting staff and the resident.

* a man with a learning disability in supported

living who leaves his room in the night to visit

the bathroom and/or sleep-walking and enters

other peoples rooms after becoming disorien-

tated. A door exit sensor which is switched on

for evenings enables staff to be aware that he

left his room. They can quickly be alerted and

take appropriate action.

Telecare is supplied free of charge for NYCC

funded residents.

ICG commends the Council for this initiative

which benefits the residents in care homes and

frees up staff to spend more quality time with

them.

NYCC is planning the next phase of this project which is run by Adrienne Lucas.

The North Yorkshire Safeguarding Adults

Board is planning a Safeguarding Conference

where the keynote speaker will be David

Sheard of Dementia Care Matters.

David was the keynote speaker at the ICG

Conference earlier this year and gave a

passionate and inspirational address.

The Conference will be held as follows:

Date: Thursday 29th November

Venue: Cedar Court Hotel, Harrogate

Further news on booking will be available in

the near future from NYCC workforce devel-

opment unit and ICG.

The date of an event being organised by NHS North

Yorkshire and York (NHSNYY) and ICG—to engage

with providers to develop local capacity to deliver

care and support packages for people with learning

disabilities who are currently placed out of area—has

changed.

The event will now be held as follows:

Date: Tuesday 6th November

Venue: Galtres Centre, Easingwold, YO61 3AD

Time: 12.30 pm to 4 pm This replaces the planned date Tuesday 25th September.

Work done after the investigation into Winterbourne

View and a review of NHS funded out of area place-

ments has prompted NHSNYY to try to bring people

back into area. If you would like to attend please

e-mail: [email protected]

NHS North Yorkshire and York (NHSNYY) - the PCT will cease to exist from April 2013.

The NHS Commissioning Board (NHSCB) is now establishing its infrastruc-ture in order to be fully functional from October 2012. This means there will be one board for the NHS commissioning functions across the country.

Some of the PCT functions will be undertaken by Clinical Commissioning Groups (CCGs). There are 6 new CCG teams commis-sioning most healthcare within the North Yorkshire and York boundary:

Vale of York CCG Scarborough and

Ryedale CCG Harrogate and Rural District CCG Hambleton, Richmond-

shire and Whitby CCG Airedale and Craven

CCG will cover Craven South Lakes CCG will

cover High Bentham See page 6

Other functions will be directly managed by the NHSCB.

Local Authorities will take over the public health function previously managed by the PCT with some public health work directly managed by the establishment of a body to be known as Public Health England (PHE).

Four Regions have now been established to support the NHSCB; one of these is the North of England region. Each region will be supported by a number of outreach bodies known as

Local Area Teams (LAT).

North Yorkshire Safeguarding

Conference—top speaker

There will be 25 LATs across the country. One will be for North Yorkshire and the Humber.

Commissioning Support

Services (CSS) CCGs will commission some services using a small number of directly employed staff, but much of the pur-chasing will be done though the CSS. It is expected that CSSs will sit outside of the NHS by no later than 2015.

Each CSS will support multi-ple CCGs and will also sup-port some of the NHSCB functions.

Currently the CCGs are working in shadow form and are developing structures and agreeing what they will do themselves, what they will share across the system and what they will buy from the CSS.

NHS NYY has a £19m deficit.

NHS Changes affecting our area

NHS NYY Out of Area Placements

for people with a Learning

Disability—event date change


ICG was pleased to welcome Mike Webster,

Assistant Director Procurement, Partnerships and

Quality Assurance at NYCC to a meeting of ICG

members who provide Day Services, (including Day

Centres) who had requested to meet with him.

access and complete all the documentation via the SCMS

website: http://scms.alito.co.uk .

Mike said that in future, when people were given

Individual Budgets, they would be given a copy of the

new list to help them decide on the services they would

like to purchase. By 2013 the Government expects that

100% of people receiving services will have an Individual

Budget.

The NYCC vision for adult social care 2011- 2016 which

was published in October 2011 would not now be trans-

lated into policy, Mike told the meeting. The vision came

in the form of a series of booklets. A number of things

have changed and the implications of the White Paper

need to be taken into account.

A number of issues were discussed including transport,

changes to contracts for day services, and the cost of the

Council’s own in-house day services.

The group thanked Mike for the opportunity to have a

discussion and he agreed to attend a future meeting in

November.

ICG Day Services Meeting

Mike told the meeting that NYCC was setting up a new

NYCC list of non-registered providers which would go onto

the Council website. He urged people who run Day

Centres, which are currently unregistered, to make sure

that they get onto the list. To do this they would need to

Changes to criminal records and disclosure and

barring will come into force on 10th September

2012. This includes scaling back the criminal

records and barring systems to more proportion-

ate levels whilst ensuring that they continue to

provide effective protection for those who need

it.

Changes include:

New definition of regulated activity

Repeal of controlled activity

Repeal of registration and continuous

monitoring

Repeal of additional information

Minimum age (16) at which someone can

apply for a CRB check

More rigorous ‘relevancy’ test for when the

police release information held locally on an

enhanced CRB check.

Not changing

Appropriate referrals to the Independent

Safeguarding Authority (ISA)

Full information is available in a new leaflet

available from:

http://www.homeoffice.gov.uk/publications/crime

Home Office – Changes to

Disclosure and Barring Each of the 5 CCGs working in North Yorkshire is

starting work on engaging with their communities.

As they do this they will want to look at how they can

work more closely with the independent care sector.

North East Yorkshire Healthcare NHS Trust and the

Scarborough and Ryedale Clinical Commissioning

Group has led the way by hold a meeting for care

homes. Homes were asked to help with a range of

questions on how services could be improved,

including rapid assessment, transport, education and

support and communication.

Harrogate and District CCG is planning a meeting for

care homes in mid October—more news will follow.

It is likely that all the CCGs will follow suit. ICG will be

asking how they will also engage with homecare.

Beginning to work closer with the

Clinical Commissioning Groups (CCGs)

Scarborough & Ryedale CCG Care Home Forum

Your letters ...

Dear ICG

START (Short Term Assessment and Reablement Team)

North Yorkshire County Council’s reablement policy and the blatant

favouring of their In House START team is seriously impacting on

the ability of providers to deliver continuity of care within NYCC boundaries and

impacting on the choice, dignity and human rights of service users.

Most service users want to see someone they know and feel comfortable with at

around the time they are expecting them and want them to provide a professional

and caring service which leaves them feeling better than before the care worker

arrived. I know from extensive research undertaken in QA exercises and personal

visits over the years that for the vast majority of people in receipt of care (especially

older, frailer, often mentally impaired service users) this is a more than adequate

definition of what good care looks like.

In An Inquiry in to Older People and Human Rights in Home Care published

by the Equality and Human Rights Commission in November 2011 it states ‘It is

important for older people to stay in control of their lives and what happens to them,

and to be able to have a say in the care they receive…..Local authorities can help to

fulfill these human rights requirements by offering older people a personalised

approach to home care, giving them as much choice and control as possible over the

nature and timing of services’. It also states ‘Respect for personal autonomy is one

of the rights protected by Article 8 of the European Convention on Human Rights.

Autonomy is also a central principle of the Convention on the Rights of Persons with

Disabilities’. One of the dictionary definitions of ‘autonomy’ is ‘not being subject to

control from outside’

Why should a service user who is happy with the care being provided to them be

forced in to having different care staff just because they have had the misfortune to

have a few days in hospital – and then after the period of ‘reablement’ be farmed out

to the cheapest provider regardless of their wishes, thus requiring yet another

change of staff? Or what about the service user whose care package needed

increasing and was told that they would have to have START for six weeks to assess

the extra visits with no guarantee that they would go back to the provider who had

built a positive and beneficial relationship with them? Where is the choice, dignity

and human rights in these cases?

Yours sincerely

Heather David

Registered Manager, Mid Yorkshire Care Ltd.

Note from ICG:

NYCC is conducting an internal review of the START team. The review is looking at how the START

team works; the consistency of the processes; the cost; and value for money.

ICG has been able to contribute the views of independent homecare members to the review,

including those so well expressed above. We have raised many issues including the impact on

vulnerable clients and the difficulties caused to homecare organisations—many of which are small

businesses which employ local people and perform a very valuable role in their community.

A report of the review is expected to be presented to the Health & Adult Services Management

Board by mid October.

Is sue 31

The voice of independent care providers in York and N Yorkshire

ICG is a care association which represents

independent care providers in York and North

Yorkshire including care home providers for all

client groups, domiciliary care agencies,

supported living and extra care housing

providers, and day centres in the private and

voluntary parts of the independent sector.

Independent Care Matters is sent currently to

all care providers in York and North Yorkshire;

all City Councillors; all County Councillors; Chief

Executives of NY&Y PCT, Borough and District

Councils & NHS Trusts; to all local MPs and MEPs

and to senior managers at NYCC & CYC.

ICG contact details: Keren Wilson

Chief Executive

Independent Care Group

5 Beechwood Grove

HARROGATE

HG2 8QP.

Tel: 01423 816 582

Mobile: 07766 714 157

E-mail: [email protected]

Website: www.independentcaregroup.co.uk

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