Dear Editor,
I was deeply saddened to read the Home Care Review carried out by the Equality and Human Rights Commission which highlighted cases of physical and emotional abuse, including theft, neglect and basic disregard for privacy and dignity of people in receipt of council-funded care in their own homes.

In some cases, the standards provided were so inadequate that the report identified breaches of the European Convention for the Protection of Human Rights including respect for private and family life and the prohibition of degrading treatment.

Legally, only public bodies are covered by the Convention. A loophole used by some councils to avoid it has been by purchasing care home services from the voluntary and private sector. However, everyone who provides care services should be concerned about these findings.

If staff are employed to provide hands on care to an elderly person, the organisation has to appreciate that their activity is regulated under the Safeguarding of Vulnerable Groups Act 2006 (SVGA). Under SVGA, an elderly, frail person in receipt of care would fall within the definition of a ‘vulnerable adult’ and is protected in law.

The SVGA also obliges employers, professional bodies, and regulated activity providers to report any incidents whereby they consider that a vulnerable adult has been placed at harm to the Independent Safeguarding Authority.

Checks should also be made on staff before they are engaged, including an enhanced CRB check. However, once all the procedures have been put in place, it is down to all care providers to ensure that they pay attention when recruiting. A carer should demonstrate common sense and compassion.

Recruitment must take into account a person’s suitability for the job, rather than just ticking boxes to show compliance. Employers should make use of the probationary period to test their workers. It cannot be a case of leaving them in post and hoping for the best. Our elderly deserve better.

Yours sincerely

Amanda Okill
Employment law specialist
Furley Page Solicitors

Hawkinge Gazette and Channel Coast News 2011©