National Learning & Development Forum 2013

Session 4 was held in The Hangar and was presented by David Sinclair from Hempsons Solicitors with the title – Legal & Fire Safety. David pointed out that he is both a qualified solicitor and a Chartered member of IOSH which is an unusual combination.
He started by outlining issues arising from the Rosepark fatal accident inquiry and the development of a fire safety audit tool by Strathclyde Fire Service.
He then outlined examples of how the HSW Act is being used to prosecute in cases of negligence in fire safety precautions where the Regulatory Reform (Fire Safety) Order [RRO] can’t be used.
He also gave an example of a court case concerning a fire where no injury had occurred but there had been significant fire safety failings.
After hefty fines had been levied the judge said “The court should not have to wait until death or serious injury occurs to express its displeasure at wholesale breaches of the Defendant’s responsibilities.” David added in closing that there are important questions for the jury to consider that affect Health and Safety Advisers –

  •   Was there a state of fact that required action to be taken?
  •   Should the Defendant have been aware of those facts?
  •   What appropriate investigation should the Defendant have made to establish those facts?

Session 5 in the Alpha Charlie room was given by Ian Donaghy Training for Carers – Medication where he posed the question; can we ever get it right?

Session 6 was in the Avro Centre and covered Infection Control. It was delivered by Ginny Storey, Head of Care Quality, Anchor Trust. Ginny explored the recently published Department of Health guidance on Prevention and Control of Infection in Care Homes

Ginny first explored the various Regulations affecting infection prevention and control and then the compliance criteria. CQC Outcome 8 covers cleanliness and infection control but guidance is given so the new DoH information resource is welcome. She then spoke in detail about specific criteria such as those covering management systems, environment, information sharing and staff health and education.

The final presentation of the day was from
Dr Margaret Flynn, Serious Care Review Chair and author of The Serious Case Review concerning Winterbourne View hospital.
Margaret discussed what lessons had been learned and what kind of Regulation is now needed.
She pointed out that the BBC exposed the assaults and neglect at Winterbourne View not the CQC.
Staff there ignored the violence and there was incorrect use of restraint.
Nobody listened to the families even though one family went to the police.
Whistle blowing didn’t work either and nor did light touch Regulation.
There was no joined-up sharing of information between Agencies and CQC did not recognise the governance shortcomings.
Fractures caused by restraint were not treated and there was over-use of anti-depressants and anti-psychotic drugs.
Dr Flynn said compliance with essential standards is remote from the expectations of patients and their families, e.g:-

  • Do we want care quality or care compliance?
    • Where is the service user experience?
      • What we want from the CQCis a readiness to engage and an understanding of the service being inspected?
        • They need to ask how well the purpose of a service is being met.
          • They need to engage with patients and their day to day experiences.

The National Forum was brought to a close by Andy Hollingshead, Vice Chair of NASHiCS who gave a summary of the day’s events and thanked everyone for attending. He then looked ahead to the next event which will be the tenth and therefore one to be celebrated.

Our thanks for all the work done at the event by the
Mosaic Events team

 Thanks also to our Sponsors who supported the event









David Vallender- National Executive Committee Member