LAW AND BENEFIT REVIEW

[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
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REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
May 2008
[edition 24]

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Thank you for joining us for the May 2008 edition of the Law and Benefit Review. We have received many complementary emails commenting on the majority of the articles in the April 2008 Law and Benefit Review. You may have noticed, that we are including articles concerning the NHS system, hospitals, MRSA/C/difficle and other medical matters in the UK in the Law and Benefit Review as well as on our beehive site where a whole page is devoted to ‘NHS & Bugs’ matters. We are doing this because as we all reach that ‘certain age’, we often find that we, the elderly, disabled and sick, are more to being involved in the NHS system in one way or another than people of a younger age. There has been a lot of activity within the NHS over the last five months affecting the elderly, sick, and disabled which have been both good but mainly bad - so we have been reporting it as this months ’special report’ will show and you appear to like it. Do not fear, we have not turned into a medical journal but feel that such matters should be reported, warts and all.

NEW BEEHIVE PAGE: We have set up a new page devoted to NHS and MRSA/C.diff Bugs on the ‘beehive’ website at https://beehivethisisgloucestershire.co.uk where the majority of all future reference to these matters will be reported.

MRSA & C. DIFF UPDATE: The misery of MRSA & C/diif continues alarmingly as our ‘beehive’ website - NHS & BUGS will show. The latest independent figures are 10,000 deaths from MRSA & C/diff the government says is 8000, but independent sources say that it is more like 10,000. What ever the figure is, 8000 or 10,000, it’s a continuing disgrace and a blight on the NHS and the cleaning services they provide. Some hospital’s are calling the cleaning regimes ‘hotel services‘. Fat chance.

UK STATE BENEFIT’S ABROAD

We recently feature an article concerning the receipt of UK state EU Benefits both inside the EU and outside in the EEA and asked the question “what all state benefits“? We have now received a response to our queries from a Member of Parliament who is also a Queen’s Council [QC] which reads:

“European Community [EC] Regulation 1408/71 provides that, in certain circumstances, some benefits acquired in one member state must be paid to people who live outside that state and within the European Economic Area or [EEA]. In October 2007, the European Court of Justice decided to remove the mobility component of the Disability Living Allowance [DLA], Attendance Allowance [AA] and Carers Allowance from the non-exportable special non-contributory cash benefits in the EC Annex of regulation 1408/71.

As a result of the judgement, those receiving these benefits, DLA Care, AA and Carers Allowance, having met the existing entitlement criteria to receive these benefits, will, in certain circumstances, also receive them in exportable EEA countries and Switzerland but without mobility”

The Department of Works & Pensions are now working with the European Commission [EC] to clarify how UK state benefits which are long-termed residence-based benefits may be found. Details of eligibility criteria can now be fond at www.direct.gov.uk for more clarification but no decision on what will be received abroad by qualifying people.

People already resident either in an EU or a EEA country abroad who no longer receive the above benefits may well have to re-apply for them if the announcement which was due on April 5 ‘08 is favourable but how they would go about this we have no idea, as such benefits should be applied for whilst still resident in the UK.

Incapacity Benefit Claimants resident ‘abroad’ should expect to be told to return to the UK for work tests and medical fitness in October 2008 when new rules will apply to the new Employment and Support Allowance.

1: NEW NHS PATIENT CONTRACT: The Government have announced proposals to ensure core treatment, minimum waiting times and the right to be treated in ‘clean’ hospitals. Now where have we heard this before? With the rights will come a responsibility on patients to maintain a healthy life style such not smoking, not drinking and not eating to excess. Already 1 in 10 hospitals are refusing to carry out hip operations on obese patients or orthopaedic surgery on smokers.

These measures are already being said to be somewhat ‘draconian’ but hospitals are under enormous financial pressures and constraints and find that patients are returning to hospital time and time again for the same operation because they have failed to stop smoking, stop drinking, not reducing weight or continue to carry out garden maintenance when they have been told by the hospital consultants not to. The result of this is that ‘genuine’ patients are finding that their operations are being delayed or cancelled many times.

Hospital staff are disappointed that the government has not at the same time as making these announcements, announced proposals to cut down on bureaucracy, tone-down control and targets that consume so much time and care that could directed towards patients care.

2: ACCESS TO SERVICES FALLS BEHIND: Discrimination law is going from strength to strength or is it? The introduction of the new Equality and Human Rights Commission - formerly the Disability Rights Commission - should mean that disability discrimination has a higher profile than ever before, but this is not the whole case.

Cases of discrimination bought by disabled employees against their employers have increased by 20.2 per cent in 2006/7 compared with 2005/6 although the part of the Disability Discrimination Act 1995 that relates to goods and services is being neglected. This is Part 3 of the DDA where it states that it is unlawful to discriminate against disabled people at places which provide goods and services to the public.

Shops, hairdressers, betting shops, post offices, cinemas, concert halls, theatres, hotels, restaurants, pubs, railway and bus stations, airports, parks, local authorities and hospitals are included in Part 3.

To remind you all, there are two kinds of discrimination under Part 3. These are less favourable treatment and failure to make reasonable adjustments. Less favourable treatment means that disabled people must not be treated differently from anybody else, meaning worse, than somebody else for a reason relating to the persons disability.

There is a legal duty of ‘service providers’ to make reasonable adjustments as we have indicated in previous articles, to take positive steps to make their services accessible to disabled people including wheelchair users as many of you have. There are three ways in which a ‘service provider’ must take reasonable steps:

1. change a practice, policy or procedure that makes it impossible, unreasonable or difficult for a disabled person to use the service.
2. provide an auxiliary aid or service that will make it easier for a disabled person to use the service
3. remove, alter or provide a reasonable means of avoiding a physical feature which makes it difficult for a disabled person to use the service, or provide the service by a reasonable alternative method.

Disabled people who feel that they have been discriminated against have six months, less one day time limit, starting from the date of the discrimination, to commence an action against the ‘service provider’. Here matters have become a lot easier for the claimant. Recent changes in the law means that no longer will discriminated parties have to face the vigour's of the County Court and all the expense involved with solicitors, court fees and costs. They can now seek retribution from the tribunal system which has been in existence for cases such as wrongful dismissal, loss of earnings, etc, for years. Information on the whole justice system relating to claims of discrimination and procedure can be found at www.hmcourts-service.gov.uk

To date, the main disabilities that appear to be dominating this area of law are the more obvious forms of disability such as mobility impairment and as a result of this it is expected that such disabilities will be more easily recognised by ‘service providers’ and indeed others.

It is anticipated that there will be a growth in litigation in this area particularly as such actions can now be heard within the less over-powering scene of a tribunal when compared of that of an ‘open’ county court, and without the need of a solicitor to help claimants find their way through legislation and court practices. Clearly it is far better to try and deal with the claim of ‘discrimination without the involvement of the law, courts or tribunals not to mention possible costs. Both those alleging discrimination and ‘service providers’ should negotiate together calmly and sensibly, respecting each others opinion and comments. Claimants in fairness should hold back on threats of legal action if the ’service provider’ agrees to carry out a ’reasonable adjustment’ in a ‘reasonable time’. If the ‘service provider’ fails to carry out his/her agreement then this is another matter and one that should proceed. Often a solicitors letter on behalf of the claimant for instance work wonders.

[3] HOME AS A WORKPLACE: Following on from article 10 in the February 2008 Law and Benefit Review, several enquiries have received from folks concerning problems which have resulted from employees working as carers or personal assistants, and claiming compensation from employers insurance protection policies for injuries acquired whilst at work, our investigations have opened a can of worms.

A few insurance companies offer employers, who employ carers and personal assistants, protection insurance policies, to protect them against claims from their employees for injury caused whilst at work in the employers own home or within the cartilage thereof.

The Health and Safety at Work Act 1974 does not apply to private homes, only to professional operated & licensed homes and of course factory’s shops, businesses, etc. The old Factory’s Act was repealed on March 1 2006. However, employees, owners and landlords have certain responsibilities to protect their tenants and indeed their relatives and carers/personal assistants if they employ them, as the following will indicate:

Health and safety in rented accommodation: Landlords are generally responsible for the maintenance and major repairs to a property. This includes repairs to the structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations.

Housing standards: A property should be safe and healthy for occupiers, so responsibility should be taken to ensure that:

• the dwelling is capable of providing adequate heating, which ideally means controllable central heating and insulation, with equipment and the fabric of the building in good repair
• electricity and gas supplies, and the sanitation (drains, basins, sinks, baths and WCs) are in working order
• there are no fall or trip hazards
• water heating equipment is in working order
• the property is free from damp

Gas and electrical safety: Your landlord must ensure that:

• all gas appliances and installations are maintained in good order
• that gas boilers get an annual safety check is carried out by someone who is registered with CORGI (Council for Registered Gas Installers).
• keep a record of the safety checks, and issue it to you within 28 days of each annual check.

The occupier/employer is responsible for maintaining gas appliances which they own, or are entitled to take with them at the end of the letting. By law, your landlord must ensure that the electrical system and any electrical appliances supplied with the let such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use. If your landlord supplies new appliances, he or she should also provide any accompanying instruction booklets.

Fire safety: The 2004 Housing Act requires the landlord to do several things about fire safety:

1. there has to be an adequate means of escape
2. depending on the size of the property, there may have to be smoke alarms and fire extinguishing equipment.
   

If the property is a considered to be a House in Multiple Occupation (HMO) by your council which is subject to licensing, your landlord must also comply with license conditions in relation to fire safety. In such cases the person receiving care may live in an apartment within such a ‘multiple occupation’ property.

By law, your landlord must:

• make sure that all the gas appliances they provide are maintained in good order and that a Corgi-registered plumber carries out a safety check each year
• maintain all electrical installations (i.e. fixed wiring) and any electrical appliances they provide (i.e. cookers, kettles) and make sure they are safe to use
• make sure any furniture and furnishings they provide meet the fire resistance regulations.

Coming back to the first paragraph of this article, insurance company’s providing insurance protection for employers who employ carers and personal assistants, will apparently expect the employers to keep various documents such as:-

1. Accident Book
2. Accident Reports
3. Minutes of an Health & Safety Committee Meetings
4. Training Records
5. Risk Assessments

We are currently trying to ascertain from our legal data bases what exactly some of these forms are and if they apply to employers simply employing people such as carers/PA’s to look after them or not. Whilst such employment is not really a ‘business’ as such, with no profits being made, no VAT registration, no accounts submitted or audited, etc., but it may well be that insofar as insurance companies are concerned in such matters as insurance claims, the employment of carers or personal assistants is a business.

Elderly and disabled people employing carers/personal assistants could go no further than complying with part of the Health and Safety at Work Act 1974 as a general duty to both themselves and their employees. The 1974 Act places a general duty on employers to "ensure so far as is reasonably practicable the health, safety and welfare at work of all their employees".

Employers [which does not legally involve employers employing care staff themselves] must comply with the Act insofar as they must:

• Provide and maintain safety equipment and safe systems of work.
• Ensure materials used are properly stored, handled, used and transported.
• Provide information, training, instruction and supervision. Ensure staff are aware of instructions provided by manufacturers and suppliers of equipment.
• Provide a safe place of employment.
• Provide a safe working environment.
• Provide a written safety policy/risk assessment.
• Look after health and safety of others, example public.
• Talk to safety representatives.

An employer is forbidden to charge his/her employees for any measures which he/she is required to provide in the interests of health and safety.

Employees to have specific responsibilities too. They must:

• Take care of their own health and safety and that of other persons. Employees may be liable.
• Co-operate with their employers.
• Must not interfere with anything provided in the interest of health and safety.

4: NEW FOUR NHS HEALTH SERVICES: Devolution in the United Kingdom occurred some years ago and has lead to medical apartheid with four different and separate National Health Services across the UK. The changes made by the Blair regime means that NHS patients in England, Northern Ireland, Wales and Scotland are receiving completely different standards of care as the following will show:

SCOTLAND: NHS patients receive a range of treatments to prevent
blindness and Alzheiner’s disease none of which of available in England. Eye tests are free whilst English patients have to pay £18.85. Prescription charges for people suffering from chronic illnesses will be free from April 2008, and for everyone by 2011. Nursing home residents in Scotland already receive ‘free personal care’ whilst English pensioners with assets of in excess of £20,500 must pay for all the costs presumably until all the £20,500 have gone.

WALES: Prescriptions have been free since April 2007 - compared to the £6.85 that the English must pay. Dental checks are free to all those under 25 and under 60. Patients in England pay £15.00.

ENGLAND: Well, the country is the poor relation with patients requiring care being treated with almost content by local authorities unless they have been termed as being ‘critical’. Care is in the majority paid for by the claimant, and patients under 60 still pay £6.85 for every prescription. Social Services have all but stopped care services for those who require dressing, washing, food, cleaning and putting to bed.

5: FRAIL ELDERLY PEOPLE REQUIRE £500 PER WEEK TO STAY INDEPENDENT: Such people are being forced to pay up to £500 per week for home help that allows them to live independent lives. The money from life savings is being used for paying for help no longer provided by the state. Some 400,000 people a year have to sell their homes to meet care home fees.

The value of home help each year paid for privately for elderly people is more than £66 billion a year. This is equal to £25,000 for each disabled person over 65. These figures come following concerns over the withdrawal of local authorities providing home help which means the difference in continuing to live at home or move to a care home. Around 1.9 million frail and elderly people have lost their state funded care.

As we always say in articles of this nature, never sign any documents provided by care homes or Community Adult Services concerning the sale of a property unless you have seen a solicitor and taken legal advice. Compensation has been in the region of £1,000 – £5,000 plus costs.

In some circumstances, violence is regularly used on those who or uncooperative or disruptive with some being dragged along by the hair. In some care homes it was found that staff threatened residents who did not do what they were told with eviction. Others were refused food for shouting. Is this really happening in 2008 in the United Kingdom, once the greatest country’s in the world with one third of the worlds countries once marked in pink so show that they were under British rule? Almost identical happenings as those reported here were being reported elsewhere in Europe in 1944/1945.

We are sure that there must be care homes out there whose owners and staff operate safe and professionally operated care homes where patients are treated as human being's should be treated and who are now cringing at the Commission for Social Care Inspection report. The urgency of this report is for the Government to deal once and for all with what appears a worsening situation. Looking back at the 2007 Law and Benefit Review articles where we have reported on the subject of ‘care’ and ‘care homes’, they make’s clear that the Commissions report is nothing new to our readers.

The Governmental Commissions findings give a powerful warning that elderly people who live in some care homes are at risk of abuse of some kind or another from often under paid and overworked staff - is this some kind of justification for their alleged actions by the Commission - we hope not?

It would appear that Acts of Parliament such as the Mental Capacity Act 2005 that may be used in the operation of some care homes and which in part deals with the use of restraints and the Human Rights Act 1998, which says that there must be no deprivation of liberty except where set out by lawful procedure and the Health and Safety at Work Act, are apparently being ignored by some owners and staff of care homes. The Alzheimer’s Society, Help The Aged, Action on Elder Abuse, Council and Care and others have all commented upon the revelations of the Commission.

The hiding of medication/drugs in residents food and drugs was called to be banned by the Commission in 2007, the Alzheimer’s Society said that patients were being left alone for hours and not allowed to get up from chairs, Help the Aged said that “greater clarity and guidance must be give to care staff”, Action on Elder Abuse commented “This is an appalling situation that warrants immediate and urgent action.” Council and Care said “that there needs to be a delicate balance between elderly peoples rights to take risks and their families and professionals to protect and keep them safe where possible“. We ask, “What ‘professional’ people would treat their elderly patients in the manner described?” The use of ‘restraints’ also paid a great part in these organisations comments.

6: FINAL NEW EUROPEAN UNION REGULATIONS ON ‘THE RIGHTS OF DISABLED PERSONS WITH REDUCED MOBILITY WHEN TRAVELLING BY AIR 2007/2008: Those of you who have been logging onto our website from the early 2006 will have noticed that from time to time we have reported on the new European Regulations that are now in force protecting disabled passengers from ’discrimination’ after many complaints from individuals, groups and organisations concerning unacceptable treatment in airports and boarding aircraft. Many high profile cases were taken up by the now defunct Disability Rights Commission which resulted with headlines for the media at the time.

The new ‘rights’ of all disabled air travellers are now outlined below:

[a] Current rights for disabled air passengers: Disabled travellers have had some limited rights to fair treatment for air services under the Disability Discrimination Act (DDA) 1995. However the DDA did not cover the rights of disabled passengers on board the aircraft OR in other EU countries. Current rights only cover passengers around the ‘policies practices and procedures’ of airlines at the airport and the means of booking flights as well as the provision of auxiliary aids and services at airports. For example, the DRC successfully supported a disabled passenger who was charged for the use of a wheelchair at Standsted airport. They also successfully changed a booking policy where cheap flights were only available on the internet, and so not accessible to some disabled people.

The new EU Regulation will give passengers greater rights by protecting them from unfair treatment onboard aircraft and across the EU. The new regulations will not give protection to all disabled people or give protection against unfair treatment in some circumstances. Enforcing the EU Regulation will be limited to strategic cases. This briefing outlines the new regulations, the benefits to disabled people and what further legislation is required to fully protect disabled travellers.

[b] New EU rights for disabled passengers as from 2007/2008 : In July 2006 a new European Regulation was approved by the European Council. It gives disabled people using air services new protection on all flights within or between European States. These new rights are being introduced in two stages:

[c] EU Regulation - from 26 July 2007: Airlines and travel companies cannot refuse to accept bookings from passengers who are disabled.

[d] Example of how this will affect disabled people: The DRC has received nine calls from disabled passengers over the past year that have been refused a flight because of their disability. From 26 July this will be unlawful.

[e] EU Regulation as from 26 July 2008: All airports which have more than 150,000 passengers a year will need to have arrangements to assist disabled passengers in the airport. This will mean providing help to get from arrival through to the point of boarding the plane. It will also include assistance at the destination airport from the plane to the airport exit. These services must be provided free.

[f] Disability Awareness training: Airlines and airport managing bodies are required to provide disability awareness and equality training to their staff. Good staff assistance can be the pivotal factor in making a journey successful and effective staff training is crucial to achieving this.

The Regulation also requires refresher training on:

• Assistance on the plane: The 2008 duties require airlines to assist a passenger with a mobility impairment to get to the toilet and to provide essential (such as safety) information in alternative formats for someone say, who has a visual impairment and needs information in large print.
• Accommodation on the plane: The Regulation requires airlines to take ‘reasonable steps’ to accommodate the seating needs of disabled passengers. One of the most common complaints the DRC receives is from people who have requested seating with extra leg room, but don't get it.

[g] Examples of how the 2008 duty will effect disabled people: The following will be unlawful from July 2008:

• passengers charged for wheelchair assistance to board or disembark from the plane
  
• booked assistance to disembark from the plane not honoured. (The former DRC took three calls from disabled people last year who were left stranded on a plane)
  
• airlines charging for carrying a wheelchair
  
• airlines refusing to carry a wheelchair. (The DRC took 13 calls about airlines refusing to carry a manual or electric wheelchair)
• airlines not accommodating seating requirements or charging extra for seats.

[h] Who is defined as disabled under the Regulation?: The Regulation’s definition of disability is: “a disabled person or person with reduced mobility means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers. The Regulations also gives protection to people with temporary disabilities.

[i] Enforcement: The EU Regulation will be enforced by the Civil Aviation Authority (CAA). The CAA have said (with the support of the Department for Transport) that they will use their powers to prosecute in cases of strategic importance. The DRC will be providing information about the new rights to disabled passengers through our Helpline, and will provide a report to the CAA to help them monitor the impact of the regulation. If a disabled person wishes to take a discrimination claim under the EU Regulation, they can do so, but without the support or expertise of a regulatory body such as the DRC. These claims will be heard in the county court.

[j] Compensation for breaching the Regulation: If the Civil Aviation Authority enforces the Regulation, airlines will have to pay a penalty for breaching the Regulation – the penalty varies depending on which part of the Regulation it concerns. For some abuses there are unlimited fines, for others they range from £1,000 to £5,000. If individuals successfully take a discrimination claim through the county court they could receive compensation for such by an airline or airport authority. In the past, cases of a similar nature pursued under around the Disability Discrimination Act, compensation has been in the region of £1,000 – £5,000 plus costs.

AREAS OF CONCERN

[k] Definition of disability: Despite the introduction of the new EU Regulation, the DRC wants to see further protection for disabled air travellers included within UK anti-discrimination legislation – the Disability Discrimination Act (DDA). This would ensure that all disabled people had rights to fair treatment on board aircraft, not just those defined under the EU Regulation - which are likely to exclude protection for people with HIV, Aids, mental health conditions, Tourettes and Aspergers Syndrome, for example. Some people with these conditions can face discrimination when travelling because of the stigma attached to their impairment. For example, the DRC heard from a man with Tourettes who was refused a flight with Aer Lingus because of his condition.

[l] Use of oxygen on board flights: The Regulation’s say very little about providing O2 services to disabled people on board an aircraft. This is most likely to affect passengers who need a continuous supply of oxygen throughout the course of a flight. Work by the Cystic Fibrosis Trust has shown great variations in whether airlines are prepared to provide this service and the charge they will make for it. It is not uncommon to see charges as high as the cost of flight itself or more. If the DDA covered the service on board the aircraft, disabled people could expect ‘reasonable adjustments’ which would cover the use of oxygen.

NOTE: Some UK based holiday flights will permit up to two portable bottles of oxygen constructed of light-weight materials to be carried on board the aircraft in the cabin area. Some charge other do not, and scheduled flights always charge. All airlines will not permit on board emergency oxygen supplies to be used by individuals who suffer from pre-existing breathing problems and who normal rely on O2 supplies in their homes. On-board oxygen is used for emergency's only such cabin depression or passengers experiencing illness. Use of this equipment by travellers with pre-existing breathing conditions will result in a large request for payment by the airline supplying the ’emergency’ oxygen supply, as the whole aircraft will require re-supplying with the emergency oxygen supply on landing, and before the aircraft can take off again.

[m] Enforcing the Regulation: The Regulation gives no power to a UK body (such as the DRC or the new Commission for Equality and Human Rights) to support an individual who wishes to take a discrimination claim to court. However, the DRC help-line will provide advice to disabled passengers about their rights under the new Regulation. The former DRC was calling for the new Commission for Equality and Human Rights to be given the power to support individuals in discrimination cases under the EU Regulation.

[n] Health and Safety Risk: The definition of what is seen as a ‘Health and Safety risk’ is a concern. International air regulations still give pilots considerable powers to decide what they think constitutes an unacceptable risk. This has included refusing to carry large numbers of passengers who are deaf or who have learning difficulties. Work is under way to tighten European regulations known as ‘JAROPS’ which are the international basis for Health & Safety decisions.

One final point, despite these new EU regulations it will not necessary mean that court proceedings will be completely ruled out to pursue your claims for ‘discrimination‘, and in some cases there will still be a need to issue proceedings in a court of law within the country where the ’discrimination’ took place, to pursue a claim for discrimination and ‘damages‘, but hopefully these regulations should greatly reduce this need.

The possible thorn in the side of pursuing a claim abroad within another EU country, will be if the disabled passenger finds him or herself discriminated against outside the United Kingdom either within an aircraft or an airport. Holidays passengers from the UK using UK based airlines may have some protection from the airline operators if the discrimination can be proved that it was the airlines fault. If the ‘discrimination’ occurs within the airport buildings then this is another matter even though the EU regulations will be in force there if it is a EU country. Trying to complain forcefully enough when your flight is about to take off is virtually impossible. If this occurs, then first at least try to contact your travel operator or a representative, one of which should be somewhere around or their agent at the foreign airport before your flight departs. If this is not possible take it up with the airline, if its the airline fault, possibly whilst on the return flight, and/or when you return to the UK by letter but do not expect miracles. The legal system outside the UK works and grinds very slowly and like the UK, it is very expensive and you will be back in the UK during this period but don’t be put off by this, make a nuisance of yourself, even write to the country’s embassy where the ‘discrimination’ occurred at their embassy in the UK , also write to the foreign airport’s manager and finally write to the various travel associations and the tour operator informing them of what has happened. Foreign Ambassador’s do not like complaints concerning their country’s dealing with foreign visitors.

7: 140,000 UNDERNOURISHED PATIENTS: The Government have admitted that 140,000 patients left NHS hospitals undernourished during 2007. Health campaigners are constantly complained that elderly people are being treated as second class citizens with nurses and staff failing to provide help with eating meals.

Families complain about trays of food being left out of reach of incapacitated patients or taken away before the meal had been finished. Other complaints received were that of such patients not being helped to feed themselves and that on many occasions the diet presented to patients was not suitable for them but no alternative was offered. The writer has had personal experience of incorrect diets and lived on egg sandwiches and home made soup for six days. There have also been concerns about the quality and quantity of hospital food which we have reported on this year already.

About £2.50 per meal is allowed for NHS patients whilst in hospital, even criminals receive more than this for their meals whist in HM Prison system which the tax payer pays for. In 1997, when the Labour party came into power, there has been an 85% increase in the number of undernourished patients. What sick, ill and frail patients require is nourishing and healthy food to help them get better as soon as possible - not inedible and unacceptable food which many of them cannot even reach. We have heard of an elderly lady who suffers from eye sight problems, and who was on a special diet which could not be provided to her hospital, so she had nothing to eat for five days until she was transferred to another hospital. Why didn’t the nurses notice that the lady wasn't eating and why wasn’t the diet available?

8: ECO-LIGHT BULBS ARE DANGEROUS: The government have issued warnings to users of these environmental light bulbs if they are dropped and broken and they suggest following:-

[1] Evacuate the room taking care not to step on the broken glass on the floor.
[2] Do not use a vacuum cleaner to clean-up as the action of the cleaner will spread the mercury droplets around.
[3] Put on rubber gloves and sweep the debris into a dustpan
[4] Place the remains in a plastic bag and seal it
[5] Do not put the bag in the normal household dustbin. Instead, place in a local authority recycling bin for batteries which also contain mercury. These can normally be found at local authority refuse dumps.
[6] Do not inhale the dust from the broken glass or touch the mercury as it will burn.

It is amazing that after all the rhetoric concerning the environment and the efforts being made to save it, a light bulb which is supposed to help save the environment by saving electricity is manufactured containing mercury which surely out-way’s, environmentally speaking, the electricity being saved.

[9] END MEANS TESTS FOR CARE: An influential report has said that the elderly should no longer be subjected to means tests to determine whether they should pay for their own long-term care. Under the current system, those who have never worked or saved, get free state support for their care in care home or with help at home. On the other hand, those who have saved and have amounted over £21,500 in assets [not necessary property] must pay their own care bills which often run at £500 per week.

As we have repeatedly stated before in previous Law and Benefit Reviews, nobody can force you to sell your home so do not sign any documentation presented to you by Local Authorities or operators of the care home you are in until you have spoken to a solicitor. An application for what used to be called ‘Legal Aid’ may be made by the solicitor to cover the costs of any solicitors involvement. The Local Government Association, which supervises Adult Community social service’s says “This report underlines how inadequate and iniquitous the current care system is”.

The report found by interviewing some 700 people that there were wide differences in how the funding for care should be divided. Many rejected means-testing as being unjust. Some said that the tax payer could or should bear the cost of long -term car but the most popular solution of two thirds of those interviewed was that of sharing the cost between the state and the individual with everybody receiving some help from the state. It was found that there was almost no support for the current way of dealing with the financial side of long-term care.

[10]: PARLIAMENTARY PUBLIC BILLS/PRIVATE MEMBERS BILLS: Several of you have called for a further explanation as to what ‘Public Bills’ are following our article on the subject in the February 2008 edition.

We can do nothing more but to quote Parliaments own descriptions. Public Bills change the law as it applies to the general population and are the most common type of Bill introduced in Parliament.

INTRODUCING PUBLIC BILLS: Public Bills are introduced into the house and go through a number of set stages that generally involve Members of both Houses [Commons and Lords] examining the Bill either in Committees or by debate in one or other of the two Chambers. Bills that are largely financial or involve the public purse, like new taxation or public spending are always introduced in the House of Commons.

Once a Bill has passed into law, a Public Bill becomes an Act of Parliament by Royal Assent by the ruling Monarch. The conditions of Public Bills apply to the general public such as a change to the national speed limit on Motorways. Members of the public may show opposition to a Public Bill by writing to the local Member of Parliament or Lord. Writing to the Government Department responsible for the Bill. Lobbying Parliament or Submitting evidence to the relevant Public Bill Committee.

PRIVATE MEMBERS BILLS: This is a term used and applies to all types of Bills introduced to Parliament by Members who aren’t government Ministers.

GOVERNMENT BILLS: This is a term used for a type of Public Bill introduced by a Government Minister.

There are also various stages through which the Bills are passed on their way through the Parliamentary process which include Amendment Papers to the original Bill, Procedural process’s which include debate in both ‘houses‘ Commons and Lords, Committee stages, Program Motions, White papers, Green Papers, before the Bill may be made an Act of Parliament. All these stage are published for members of the public to read.

[11] CARE CALCULATOR: The BBC has launched an interactive tool to give people an idea of how much social care support they are entitled to and how much it will cost. The Care Calculator is part of the Care in the UK series on Radio 4.
You & Yours and Woman's Hour are highlighting the issue throughout January ahead of a government consultation which is due in April.

The Calculator is accompanied by a care map which shows how services differ. While the number of people who need support - either in their own homes or in a residential setting - is due to rise, many local authorities around the UK have been trying to tighten the criteria to control spending on social care. The number of people over 85 is predicted to double in the next 20 years and treble in 40 years.

As people age they are more likely to have an impairment or long-term health condition - almost half of those over 75 have one.
Knowing how and where to access support for older or disabled people is becoming a major preoccupation for many people.
The Care Calculator provides average figures for England and is based on a model created by the London School of Economics (LSE). The accompanying care map then provides an indication of the likely levels of support in specific areas together with information about local sources of help and advice. Anyone using the Calculator is taken through some hypothetical scenarios, one of which might well resemble their or their relative's own situation.

[12] UPDATE: CARE HOMES TEST CASE: Further to our recent article on this matter, updated news reveals that this test case, if proven, may cost the NHS hundreds of millions of pounds. Some 400 pensioners and families have joined together in a group action suing Health Authorities across the UK.

It is argued that they should be entitled to free long term care in nursing homes because of ill health. The argument is a dividing line between ‘continuing health care’ for elderly people which is funded by the NHS, and ‘social care’ for those who are frail and not ill. For the latter, local health authorities levy charges dependent on a means test. Pensioners judged to be in need of medical care in their nursing home are spared the charges, but if they are not deemed sufficiently ill and have savings or property worth more than £21,000, they must the foot the bill for care home fees which average £540 as we write. This is not actually true, as there are various schemes, with variations, that allows the home to be kept without sale which we have reported on in the last six months. As we said then, and do so again now, do not sign any documentation given by care or nursing homes management or staff or local authorities before consulting a solicitor.

This ‘test case’ is expected to last during much of 2008 with argument’s at first resulting in a three week case at the High Court. If the case succeeds, then thousands more home care residents are likely to benefit from refunds. We will keep an eye of this matter and report later in the year.

Thanks for joining us, see you next month.

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