Safeguarding Vulnerable Adults: Care Homes
(Limited Text - Ministerial Extracts only)
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The Minister for Care (Caroline Dinenage)
I would like to start by congratulating the hon. Member for Tooting (Dr Allin-Khan) on securing this debate. Her speech this evening has been described as brave, but she took the time out yesterday to talk me through this incredibly distressing case, so she has been brave twice. She deserves all our respect and credit for doing that, because, as has been pointed out by others, she is not just talking about her own individual case, tragic though that is, but by articulating it in such an incredibly courageous way, she is also helping to support others who do not have this opportunity to share their voice and raise their concerns in the same way.
Everyone in this House has the same motivation, which is to ensure that our care services for the most vulnerable people are safe and of the highest quality. The hon. Lady talks powerfully about dementia, which is a priority for me personally. I have experienced what it is like to have a close family member, my grandmother, living with dementia. So many people up and down the country share that experience, and I think we all recognise that a dementia diagnosis is one for not only the individual concerned but their whole family. That is why I am so passionate about the need to ensure that those affected by this condition and others are cared for in the best possible way and that a robust complaints process for redress is in place if their care falls short of that.
It would be bad enough if the terrible situation that the hon. Lady describes were taking place in care homes—that would be disgusting and terrible—but she is talking about an extra care facility. Such a facility is where people have their own self-contained homes; they have their own front doors and their own legal right to occupy. So this is a failure of care in someone’s own home—it is a domiciliary care situation. That is why I am even more concerned about what can happen behind closed doors in an individual’s own house. To have a loved one affected by a degenerative illness is terrible for the individual and a matter of huge worry for their family. So I have previously said in this House that every allegation of abuse and neglect should be thoroughly investigated, with prosecutions brought where this is found.
Alex Sobel
First, I wish to pay tribute to my hon. Friend the Member for Tooting (Dr Allin-Khan) for her courage and alacrity in her speech. Some constituents came to me about their mother, who had been sexually assaulted in a care home, not by the staff, but by another patient. I was dismayed to hear that unlike nurseries, care homes have no minimum staffing ratio. Will the Minister look into having minimum staffing ratios in care homes, so that these events do not happen?
Caroline Dinenage
That is a very interesting question. I have not considered the minimum staffing issue before. We are of course very concerned about training and ensuring that all care staff have a care certificate, so that there is a minimum level of skills training. However, the point about ratios is interesting, and I will take it into consideration.
I do not have a massive amount of time left, so I am not going to discuss in full the details of the individual case raised by the hon. Member for Tooting. However, I must reassure her that what she has raised today is something I take very seriously. My officials have informed me that her raising her concerns so effectively and our inquiries from our office as well have prompted Wandsworth Council to hold another meeting today to discuss her case and review the evidence. As a result, there will be an outcomes meeting—
Caroline Dinenage
It will be held for all parties to consider recommendations going forward and the hon. Lady will be able to attend. We look forward to hearing the outcome, and we will all be keeping a close eye on what transpires.
Tracey Crouch
Does my hon. Friend agree that this is slightly shocking to us all and in particular the family member of the victim in question, who has not been told by the council that this meeting is taking place? In many respects, that is part of the issue raised by the hon. Member for Tooting (Dr Allin-Khan): the family of the victim have not been included in any of these discussions or any of this process in the first place.
Caroline Dinenage
That is a very fair point and I am very keen that family members should be involved in the next stage of this meeting going forward. I will be keeping a very close eye on whether that does happen.
In the last few moments available, I want to talk about some of the things we have been doing to protect vulnerable people and some of the actions people can take if, heaven forbid, they find themselves in a similar situation. The Competition and Markets Authority published its care homes market study in 2017, shining a light on some instances of very poor and unacceptable consumer practices in the care homes sector. We accepted all its recommendations and have been putting forward a package of measures to address this. The CMA has also recently published guidance that it provides to care homes on how to meet their consumer law obligations. That has been a key milestone for the sector, and I am encouraged by the commitment some providers have already made to challenge some unfair practices.
Individuals and their families always have a right to complain about the care in a care home or about a domiciliary home care provider. Care homes must make it easy to complain and deal with the complaint quickly and fairly. Any care home that does not meet its obligations is in breach of consumer law, as well as many other things, and could face enforcement action by bodies such as trading standards or the CMA. The CQC encourages the public to share their experience through an online feedback mechanism.
Of course, it is only worth having a complaints system if people know about it and how to access it, which is why, through a joint sector initiative called Quality Matters, we are taking action to improve access to complaints systems and improve the feedback culture in the sector. That is an ongoing piece of work involving the local government and social care ombudsman—to which complaints and concerns about adult social care should be raised—and Healthwatch.
We are committed to preventing and reducing the risk of harm to adults in vulnerable situations. We have made it clear that there is statutory guidance to support the Care Act 2014, and we expect local authorities to ensure that the services they commission are safe and of high quality. We also expect those providing the service, local authorities and the CQC to take very swift action if there are any allegations of abuse, neglect or poor care.
Under section 42 of the 2014 Act, local authorities have a duty to carry out safeguarding enquiries. To aid them in that, they have the power to request information from a provider’s business. The CQC monitors how well providers are giving that information. As part of its inspection regime, the CQC also has to check whether there are effective systems to help to keep adults safe from abuse. The CQC has a duty to act promptly whenever safeguarding issues are discovered during inspections. As the hon. Member for Tooting said, abuse is ultimately a police matter, and if it is suspected, the police must carry out an investigation to determine whether offences have been committed.
We have introduced the new wilful neglect offence specifically to help to eradicate the abuse of people who depend on care services. We have also introduced tougher inspections of care services by the CQC. Thanks in part to this strengthened regime, we have seen a steady improvement in the quality of services, with 83% of adult social care settings now rated as good or outstanding by the CQC. Obviously, every single incident like the one the hon. Lady described and every single concern raised by worried family members makes us want to redouble our efforts to raise the quality. We have been supporting the CQC to understand how it can better hold providers to account where there is any failure.
Let me end by highlighting the hon. Lady’s enormous dedication, representing not only her constituency but the whole country. Whether someone is looking after their own father, mother, husband, wife, son or daughter, we all expect the care provided to be caring and of good quality. We must work and redouble our efforts to ensure that where failure happens, it must be stamped out and cannot be allowed to continue.