An open letter to the Minister for Disabled People, Maria Miller, from the Acting Chair of the United Kingdom Disabled Peoples Council, Julie Newman.
Source: UKDPC website
Dear Minister,
I have just seen the BBC Panorama investigation into the abuse that was inflicted upon residents of a privately run ‘hospital’, Winterbourne View Hospital for People with Learning Difficulties. It was with horror that I watched the investigation unfold, and the systematic bullying and assaults that were inflicted by the staff members.
Aside from the appalling treatment that was portrayed, there were interviews with the Regional Director of the Care Quality Commission (CQC) responsible for that area and it was clear from these that the CQC is unfit for purpose. I was shocked to hear of the lapses that had occurred on the part of the CQC after the situation had been reported to them on more than one occasion by a former member of staff. It is unthinkable that this was not progressed and acted on to ensure that such treatment was stopped and the perpetrators brought to justice.
The CQC were portrayed as inept and incapable of responding fully to the questions that were directed to them about the events at Winterbourne View, and it is clear from this that similar situations will currently be occurring across the country. In the body of the Draft UK Initial Report on the UNCRDP, paragraph 119, the CQC is referred to as the independent regulator with powers of enforcement, and as such they carry a duty of care. While it was stated by the CQC that mistakes had been made, there was no indication of how they had been investigated and what actions followed. Although the details of criminal investigations would be respected as confidential, there was no stated revision of practice or operational review to ensure this could not be repeated. UKDPC would like to know what measures will be taken to address these questions.
The damage that has been inflicted on the recipients of this ‘care’ will be immeasurable in relation to their future wellbeing. Systematic abuse and stated ‘torture’ is documented as leading to Post Traumatic Stress Disorder and this is not recorded as being diminished in People with Learning Difficulties; indeed, it may be exacerbated. As a former mental health professional myself, I can assure you that the long-term effects of the abuse on the Winterbourne residents will not be remedied by simply rehousing them without specialist intervention.
The programme was not clear about what support was made available at the time. Nor do there appear to be any national guidelines about what support should be put in place following the discovery of such barbaric treatment, despite this being far from the first time that abuse on this level has been uncovered within a residential care setting. UKDPC would like to know what measures have been put into place for the residents to have access to appropriate support, and what plans there are for national guidance for future situations?
We would also like to know why the Expert Inspectors – people with learning difficulties and direct experience of social care – who had been trained under the Commission for Social Care Inspection (CSCI) have not been retained and their employment in undertaking inspections has not been extended. The CSCI Experts by Experience groups clearly identified that disabled people would not disclose the reality of their lives within residential care unless they could speak directly to other disabled people about these. The Panorama programme also illustrates the fact that, even when disabled people do disclose abuse, many professionals and family members fail to believe them and take appropriate action.
Article 15 of the UN Convention on the Rights of Disabled People states that disabled people should not be subjected to torture or to cruel, inhuman or degrading treatment or punishment. These rights are also enshrined in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Panorama programme clearly showed that the Convention was being breached on a daily basis at Winterbourne View.
The Draft UK Initial Report paragraphs 134 and 135 state clearly that disabled people have the rights to exercise choice and control to live independently. It speaks in some detail of how this is exercised and how involvement in the development and design of services are key elements towards inclusion in society.
Additionally, Article 19 of the CRDP supports the rights of people to live independently in the community, and as you are aware the UK has ratified this without reservation. This does not exclude People with Learning Difficulties. Within the body of the BBC programme, an expert in the field stated there was no reason why the people featured could not live within the community with appropriate support. These locked wards and ‘hospitals’ have no place in our modern day society.
However, local authorities are actually appearing to opt for more placements into ‘residential care’ settings which are very similar in role and function to the institutions of old. These places are deemed attractive in relation to budget balancing, as they are funded through the NHS not local authorities due to institutions such as Winterbourne View being categorised as ‘hospitals’. UKDPC strongly urges the Minister to initiate an immediate review and to consult actively with disabled people’s organisations to move towards the closure of these institutions as quickly as possible.
I look forward to hearing from you shortly.
Yours sincerely,
Julie Newman, Acting Chair, UKDPC
And this costs us £3000 a week per resident? Who is lining their pockets? Is that what this is really about? Cameron and Clegg should think about this when they are thinking of privatising the NHS.
Obviously this sort of abuse is not directly related to public or private provision but there is something even more obscene about private companies also making money out of it with which they no doubt pay their directors huge salaries and pensions.
As I pointed out in emails to UKDPC and the Independent, one of the issues everyone is overlooking is the massive weakening, by successive governments, of the commissions of inspection. Even if we eventually succeed in getting rid of institutions, it’s going to take time and in the meantime it’s vital that bodies like the CQC have sufficient resources and appropriate methodologies. They did when they were first set up (I know, because I was one of their inspectors) but I think it was after only one year that our resources began to get cut back and re-organised. (A whistle blower would have no difficulty identifying the inspector responsible for a particular service and the phone number to call to talk to them. As far as I know that is not possible any more.) And it got worse and worse until there are now too few inspectors; no local offices which the public can get to know; a national call centre with staff who can’t possibly know inspectors or the homes and a methodology that I would be embarrassed to adopt.
Whilst there is no doubt that the CQC has failed in relation to Winterbourne, we need to deal with the root cause of the failure and ensure that we have commissions of inspection that are themselves fit for purpose.
Regards,
Merry
These are the ratings given by CQC in their most recent inspection of Winterbourne View. What a farce!
Latest Report (December 2009) by CQC on Winterbourne View
Safety
C24 Controlled Drugs Almost met
C23 Ordering and Storage of Medicines Almost met
M8 Suicide Prevention Met
M32 Management of Serious/Untoward
Incidents, AdverseHealth Events and
Near Misses Met
M34 Patients Absconding Met
M35 Patient Restraint and Physical
Interventions Met
Clinical and cost effectiveness
C4 Monitoring Quality Met
M4 Clinical Audit Met
Governance
C30 Completion of Health Records Met
M6 Staff Training Almost met
M22 Patient’s Records Met
Patient focus
C1 Information for Patients Almost met
C14 Complaints Process Met
C15 Information for Patients about
Complaints Met
M10 Resuscitation Procedures Met
M27 Quality of Life for Patients Met
Care environment and amenities
A9 Health and Safety Almost met
Do we know if that latest report on Winterbourne equates to a CQC 3 star rating?
I applaud your efforts in relation to this shocking treatment of the disabled. I have shared your open letter on the compare care homes website.