Jan 052021
 
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Copied from: Reviewing the use of do not resuscitate decisions during COVID-19 | Care Quality Commission (cqc.org.uk)

In October, the Department of Health and Social Care (DHSC) asked CQC to review how do not resuscitate orders were used during the COVID-19 pandemic, building on concerns that we reported earlier in the year.

Person-centred, advance care planning enables people to have conversations and make informed decisions about their future care and what matters most to them. Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) orders can be part of this planning and to allow people to make their wishes clearly known ahead of time.

Since the announcement we have been working with people who have experience of this issue to help shape our approach. The valuable insight shared by stakeholders, people who use services, and providers, means we can focus our attention on the things that matter to people.

What will the review look at?

By talking to a wide group of people with experience in this area, we have been able to hear examples of good practice and where decisions or processes do not appear to have been person-centred.

The review will take a national view of how these decisions were made in and across different types of services – including hospitals, GPs and care homes – using all the information available to us. By doing this it will inform national learning and support good practice development as the nation continues to respond to the pandemic.

It will include examples of best practice in this complex area, as well as times when procedures may not have always been followed so that any mistakes are learnt from.

How will the review be carried out?

We are currently analysing what we know so far from initial conversations with people who have been affected by this issue and other stakeholders, concerns raised with us, and the existing literature and guidance on this sensitive topic. Interim findings from this work will be reported later this year.

The interim findings will also provide a base for fieldwork that we will carry out in seven local Clinical Commissioning Groups across the country. This will focus (but not exclusively) on the experience of older people and people with a learning disability or autism. Doing this will allow us to explore how primary, secondary, social care and system partners have worked together in an area – including the impact of commissioning arrangements.

As well as taking into account the information shared with us, these CCGs have been selected to cover a cross-section of areas and a mix of demographics so that the lessons we learn will be of value to people in health and social care across the country, wherever they are working.

To look at a range of ways of working and experiences, the seven areas we will be looking at are:

  • NHS Birmingham and Solihull CCG
  • NHS Bristol and North Somerset CCG
  • NHS Cambridge and Peterborough CCG
  • NHS Morecambe Bay
  • NHS Sheffield
  • NHS South East London CCG with a focus on Greenwich
  • NHS Surrey Heartlands CCG with a focus on East Surrey

We expect to start fieldwork later in November and publish a final report in early 2021. We anticipate this will include recommendations on how people can be properly supported in this area and support good practice that protects people’s human rights.

How you can help

This work is being developed and carried out at pace during November, December and January. We are keen to hear from people who would like to share their experiences.

If you would like to tell us about your experience, or that of a loved one, we would be grateful if you could get in touch. Please let us know using our Give Feedback on Care service, or by contacting our National Customer Service Centre.

Survey on do not resucitate orders during the coronavirus pandemic

We’re using this survey to hear the experiences of people who have had a DNACPR or had one reviewed since the start of the pandemic in March. Share your experience of DNACPR.

Jun 062020
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

Logo for the #BoycottSchoolsReopeningInJune campaign. Red background with  a range of hands held up in a 'stop' position. Hashtag #JuneTooSoon is written across the three top hands.

The grassroots parent-led campaign ‘Boycott schools reopening in June’ have been campaigning hard to amplify the importance of the National Education Union’s five tests being met before increasing pupil numbers.

 

They are lobbying in the interests of school children, the people who work with them, the children of key workers and the vulnerable children who are already in school. As well as parents who are shielding.

 

They are clear in their message that until a robust and efficacious track and trace system is in place, it cannot possibly be safe if to reopen schools or widen pupil numbers.

 

They are also clear in their campaign message that they fully support teachers and school workers, as well as as those parents who have no choice but to send their children into school at the moment.

 

We fully support the Boycott Schools Reopening in June campaign, and we echo their sentiments and campaign messages.

 

SAGE and independent SAGE scientists have stated on numerous occasions over the last couple of weeks that it is too soon to admit more pupils into our school systems at the moment, because case numbers of coronavirus are still far too high, and the track and trace plans are not yet in place on a national level.

 

40% of children with special educational needs as well as our BAME community members are at higher risk of complications from Covid-19.

 

This situation is far too dangerous not to be handled adequately.

 

There is not yet evidence of enough risk assessment and precautions, particularly with the protection of vulnerable groups in mind, in place in our schools.

 

The parents are right to be concerned and we are proud to stand with them.

Please join us in supporting them. This campaign is a gateway between people being forced back into unsafe workplaces, or having the chance to stay at home a little longer in the hope of us all staying safe.

If we can keep the schools closed and the numbers down, then we can keep that gateway closed but it’s going to take all of us to achieve that.

Solidarity with all teaching staff, school workers, and parents.

Strength In Unity.

Find the campaign on Facebook here:

https://www.facebook.com/groups/657607021743154/?ref=share

Logo for the #BoycottSchoolsReopeningInJune campaign. Red background with  a range of hands held up in a 'stop' position. Hashtag #JuneTooSoon is written across the three top hands.
May 222020
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

A mother of four young children has issued a legal case against the Government after the benefit cap eliminated an increase in Universal Credit (UC) intended to help families affected by the Covid-19 pandemic.

While the Chancellor increased UC payments by about £90 a month as part of the emergency Coronavirus Act 2020, the single mother, who does not wish to be named, in fact saw her family’s monthly Universal Credit payment of £1,397.92 cut to £1,275.

Now, represented by Carolin Ott and Tessa Gregory of Leigh Day solicitors, the mother has written to the Secretary of State for Work and Pensions, Therese Coffey, with a pre-action protocol letter, making her case for judicial review.

The perverse change occurred because the benefit cap which prevents families outside of London receiving more than £20,000 a year in welfare payments is still being stringently applied. The Covid-19 increase put the mother’s combined Universal Credit and Child Benefit payments above £20,000.

Further, the mother, who lives in a small two-bedroom house with her children aged 11, six, three and one, has  been hit by the Department of Work and Pensions decision not to suspend advance payment deductions and continue to claw back an advance payment she received in 2019.
The Covid-19 UC increase meant her monthly advance payment deduction has been increased accordingly. As a result of the effect of the benefit cap and the advance payment deduction, the claimant’s Universal Credit monthly payment has been reduced by £122.96 even though it should have increased due to the Covid-19 emergency help provided.

Leigh Day makes the case on behalf of the claimant that the application of the benefit cap and the decision to continue to apply advanced payment deductions are irrational and perverse and violate the claimant’s rights under article 14 European Convention on Human Rights (ECHR) read with article 1 of Protocol 1 ECHR and/or article 8 ECHR.

The case also argues that as a single mother with children, the claimant has suffered unjustified indirect discrimination in that she has been treated the same as other people whose situation is different from hers.

The mother said: 

“The changes to benefits in the pandemic have left me worse off when in fact they were supposed to help me during this difficult time, how can that be right?

“The advance payment deductions are being made because I fell victim to fraud when someone stole my identity and claimed UC in my name last year. The loan that was applied for in my name is being treated as an advance payment and I am having to pay it back even though I never requested it and never saw any of the money. Now my children and I are suffering.

“Of course I have had to face extra costs because my 11-year-old and six-year-old aren’t in school. I am struggling to home-school them because of my reduced income. I just want to receive the additional help other Universal Credit claimants are being given.”

Leigh Day solicitor Carolin Ott said:

“The increase to the Universal Credit standard allowance was intended to help the most vulnerable in society meet the extra costs they would face because of the Covid-19 pandemic. In fact, our client has been left worse off because the Secretary of State for Work and Pensions has applied the benefit cap and advance payment deductions.

“Our client argues this is unlawful as it is irrational and discriminatory. The benefit cap is a measure intended to encourage benefit claimants into work but it is absurd for it to deprive individuals of much needed support during a time when it is entirely unrealistic for them to enter into employment.”

Leigh Day has asked the Secretary of State for Work and Pensions to reply by Wednesday, 20 May, explaining the decision to retain the benefit cap and advance payment deductions and to confirm that she will:

  • Urgently review the application of the benefits cap where it applies as result of the increase to the Universal Credit standard allowance in the 2020 regulations;
  • Pending that review, suspend the application of the benefit cap and make arrangements for payments to those affected to make up the shortfall in their April Universal Credit payments;
  • Urgently review the application of discretionary advance payment deductions in the case of those affected by the benefit cap.
Apr 102020
 
DPAC Logo with text underneath "Disabled People Against Cuts" and then web address dpac.uk.net

DPAC is aware that some disabled people are not receiving essential support and resources from their local Council that they need during the pandemic.

Disabled people with certain impairments and health conditions are among those most at risk from Covid 19. At the same time, the government and medical professionals have made clear that they will not even be admitted to hospital let alone prioritised for treatment. The situation many disabled people living in the community have been left in has then put them at much greater risk, without access to food deliveries or protective equipment for the personal assistants coming in and out of their homes to provide indispensable support with fundamentally important daily tasks such as eating, drinking, using the toilet and staying clean.

Some local authorities are operating good practices such as contacting everyone in their area with disability related support needs and co-ordinating deliveries of food and other supplies.

Sadly, others are not.

Inclusion London has produced a useful template letter for individuals who have not been provided with the PPE (Personal Protective Equipment) that they need for their personal assistants.
The letter can be downloaded here: https://www.inclusionlondon.org.uk/wp-content/uploads/2020/04/template-letter-re-LA-failure-to-supply-PPE.doc

Scope has information on their website about how disabled people can access food and other essentials during the pandemic, including how to register as a “vulnerable” person with the government in order to access priority deliveries from supermarkets. Go to: https://www.scope.org.uk/advice-and-support/food-and-essentials-during-coronavirus/

The link to register with the government as “vulnerable” can be found here: https://www.gov.uk/coronavirus-extremely-vulnerable

Disabled People’s Organisations have raised concerns about the creation of a government register of “vulnerable people” including data protection implications. There are 14 Million disabled people in the UK, qualifying for reasonable adjustments of one sort or another, but this register will only assist an anticipated 10% of disabled people. Read what Chris Fry of Fry Law has to say about the register here: http://www.frylaw.co.uk/archives/articles/dont-share-the-vulnerable-people-register/

Fry Law have developed a template letter to enable disabled customers to challenge supermarkets about lack of access to online delivery services. You can download the letter here: www.dpac.uk.net/2020/04/18010

DPAC understands that provision that is in place on paper (or on websites) too often fails to translate to provision on the ground to the people that need it. We also understand that not everyone will have the energy to both battle for your survival and share your experiences, but where possible within your individual circumstances we would like to hear about any difficulties you have faced or are facing in accessing the resources and support so that we can campaign for improvements – either using the comments below or by emailing mail@dpac.uk.net.