(Or, why care homes no longer have to tell residents
about complaints procedures, or offer a choice of food, or plan for
emergencies)
In England there
are at least two different ‘realities’ when it comes to adults experiencing
abuse; adults that are very often old and frail.
Firstly, there is
the reality of being abused or having a loved one abused. That often results in
fear, anger, hurt and a need for justice. It is usually only at that point that
people look at the systems for protection – regulation, inspection,
intervention and criminal justice – and find them insufficient. They often feel
that what they thought were robust systems are full of jargon and pious sentiments,
but short on fairness, justice or consequences for the abusers. Sometimes, how
they feel is unfair because – sometimes – it would have been impossible to stop
the abuse or bring the abusers to justice. That is an unfortunate reality. But
often, it is the system that is failing, and will continue to fail in the
current climate. People not surprisingly become cynical and critical as a
consequence, and usually end up being labeled as a problem. Don’t shoot the
messenger is not a very strong guiding principle in this context.
Secondly, there
is the reality that politicians and policy makers see. This is a world in which
every frail person can make their own decisions and can control what they want
and how they want it. This is a world in which support can always be given to
help people make their own decisions, where empowerment, choice and control are
the guiding aspirations. And this is a world in which there is no need to be prescriptive
with care providers, because too much regulation restricts their ability to do
good, kind things. The ‘light touch’ is empowering to better care. Sometimes, this approach works and many
individuals successfully reassert control over their lives, and many care
providers seize the opportunity to do even better. But often, it doesn’t work
like that. But in this world, ideology never allows reality to get in the way.
So, last week a
little known Commons committee nodded
through changes to the statutory
regulations for care homes. The care and
support minister, Norman Lamb, said (having) fewer rules would “strike a
balance” between effective safeguarding and flexibility in the running of care
organisations. Consequently, they removed the responsibility of a provider to
tell residents about complaints procedures, the requirement to offer a choice
of food, and the requirement to plan for and have in place emergency procedures.
These deletions will apparently increase flexibility in the running of care (?)
Somewhat
belatedly, the deletions received limited
publicity (through David Brindle in The Guardian) and the Association of
Directors of Adult Social Services suggested in response that there will really
be no change, because these deleted requirements would continue to be
expectations in any CQC inspection. An un-named Department of Health
spokesperson quickly agreed stating that a care home resident must have their
needs and preferences taken into account, for instance, they will go beyond
simple provision of two alternative meals, neither of which the resident may
like.
Which
begs a couple of questions. Why delete them from the regulations in the first
place if they are going to continue to be ‘expectations’? (If it ain’t broke,
don’t fix it, as the saying goes.) And secondly, what evidence is there that
the care home sector is so well funded and motivated that there will be a
sudden leap toward offering multiple choices in food provision? Here is surely
where ideology bumps into reality, and simply ignores it as an inconvenient
truth.
Now
it isn’t as though the Government didn’t know what they were doing, or the
implications, or the concerns that people had about these moves. In May 2014 a
colleague charity, the Relatives and
Residents Association, wrote to the Chair of the Health Select Committee,
Stephen Dorrell, and copied it to several
other MP’s (including the Minister for Care, Norman Lamb). At that point they
drew attention to a number of these deletions, but apparently got no-where. In
the current climate, if you are not saying what they want to hear they just
don’t listen.
Ideology never
allows reality to get in the way.
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