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 2009
[edition 36]

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HI AGAIN, and welcome to the ‘special’ May 2009 edition. Thank you for joining us. This month is our THIRD BIRTHDAY ’on-line’ and eighth overall with five former years as a soft-back publication.  In all the 8 years that the Law and Benefit Review has been around, there has never been a worse year so far for repetitive reports and articles from our news data bases concerning the lack of care and nursing for the elderly in UK NHS establishments as well as private care and nursing homes as our monthly renderings have indicated.  There have been so many such reports, that we have only been able to included a small example of them in order to provide some indication as to the massive and totally unacceptable level of the lack of care and nursing that many, not all, elderly people have been forced to endure whilst in need of care, nursing and suffering from illness’s, diseases, over-coming operations, etc. and at the same time having to deal with both MRSA and C.diff from which many thousands of elderly people have died.  Do not forget, these are only the cases that have been identified, how many never reach the public eyes and ears? 

We are living in the 21st century of a country that was once called ‘Great Britain’, but what is ‘great’ about the care and nursing that many elderly patients are receiving from the NHS, and private and care homes?  Go back to January 2009 and read again all that we have revealed.  As one of our proof readers has said, we could fill this edition of the LBR alone with cases of generally neglect that have come to light in the last two weeks or so.   How many such cases are never revealed publicly?. In 2005, a brave nurse revealed to the BBC 1 Panorama programme the unbelievable conditions of care and neglect at a the Royal Sussex hospital in Brighton, West Sussex UK.  In April 2009, the nurse was ‘removed’ from the nursing register for revealing the state of the of Brighton hospital, with vivid TV pictures.  The programme will be in our thought’s for a long time, and of course both MRSA and C.diff still continue to blight the hospitals and particularly the elderly due mainly to their illume systems.

It comes to mind when such matters are reported as to what the staff generally were doing when what nurse Haywood revealed was going on.  Ward Staff nurses, sisters, doctors, consultants, mangers, matrons, etc. Where were they all? What were they doing? - certainly it would appear not what they are paid to do.  Nobody will convince us that what we saw on TV was not real, if we saw it, so did the hospital staff no doubt on a daily basis, and yet it took a nurse employed in the hospital to reveal all.  If she had not done so, would these conditions still be continuing?  Perhaps if the hospital had equalled their efforts into looking after their patients as they appeared to do in ‘prosecuting’ nurse Haywood, then perhaps the whole matter would not have ended up on TV.

During the last two weeks of April 2009 alone, four separate incidents at four different locations and within four different NHS establishments were revealed concerning lack of care or neglect or wrong medication being administered resulting in at least three deaths. The latter of took ten years of families lives to bring their cases to the fore-front.  And of course there are still all the many thousands of  deaths of the elderly and weak patients in NHS premises as a result of MRSA and C.diff.

At every opportunity we try to write to those responsible for the ‘failings’ in care and nursing where they elderly are involved,  but seldom do to we receive any response and when we do, the answers are either non-committal or pathetic.  .

EXHIBITIONS

MOBILITY ROADSHOW
KEMBLE AIRFIELD, KEMBLE, GLOUCESTERSHIRE/WILTSHIRE
BOARDER.
4TH - 6TH JUNE 2009
FOR MORE INFO. LOG ONTO www.mobilityroadshow.co.uk

DISABILITY AWARENESS DAY
12TH JUNE 2009
WALTON HALL GARDENS, WARRINGTON OF JUNC.11  M56
FOR MORE INFO. LOG ONTO www.disabilityawarenessday.org.uk

SOUTH WEST DISABILITY SHOW
17th - 18th JULY 2009
WESTPOINT, EXETER, OFF JUNC. 30 M5 AND THEN A3052
FOR MORE INFO. LOG ONTO  www.southwestdisabilityshow.co.uk

THE APRIL 22 2009 BUDGET KEY POINTS  AT A GLANCE FOR THE ELDERLY AND DISABLED

•    ALCOHOL TAXES to go up 2% from midnight on April 22 - putting the price of the average pint up 1p

•    TAX ON TOBACCO  to go up by 2% from 6 pm on April 22 - equivalent to an extra 7p on a pack of 20 cigarettes

•    FUEL DUTY to rise by 2p per litre from September 1, then by 1p a litre above indexation each April for the next four years

•    CAR SCRAPPAGE SCHEME: From next May 2009 until March 2010 motorists to get £2,000 discount on new cars if they trade in cars older than 10 years

• They will have to show they been the registered keeper of the vehicle for the previous 12 months before ordering the new car

• The government will provide £1,000 with the industry expected to provide the other half

• TAX:   Income tax for those earning more than £150,000 to rise to 50% from April 2010

• Tax relief on pensions to be reduced for people on more than £150,000 a year from April 2011

• HOUSING:   Scheme to guarantee mortgage-backed securities to boost lending

• Stamp duty holiday for homes up to £175,000 to be extended to end of year

• Extra £80m for shared equity mortgage scheme

• £500m to kick-start stalled housing projects - including £100m for local authorities to build energy efficient homes

• £50m to upgrade housing for the armed forces

• SAVINGS:   Annual limit for tax-free ISAs to rise to more than £10,200 for over-50s this year and for everyone else next year. Of that amount £5,100 can be saved in cash

• PENSIONERS: Grandparents of working age who care for their grandchildren will see that work count towards their entitlement for the basic state pension

•    Winter fuel allowance to be maintained at higher level - £250 for over 60s and £400 for over-80s - for another year

•    The basic state pension will be increased by at least 2.5%, regardless of inflation

•  Basic state benefits will also be increased by at least 2.5%, regardless of inflation

• From November, the limit on savings pensioners can have before their Pension Credits are reduced is to be raised from £6,000 to £10,000 to help those hit by low interest rates. It will mean an average of £4 extra a week.

HOLIDAY DRIVING

#1  It would appear that the Department for Transport have been in-undated with telephone calls following the 2009 Easter holiday period concerning car hire both in the UK and EU countries and the production of UK driving licences for identification and proof of ability to drive.

If you hire a car, you are required to produce your full driving licence to the hiring company.  If the UK police department requires production of a UK drivers licence, you must also produce both sections.  In both cases, you must supply both the pink licence with your photograph on it. And equally importantly the green second part of the licence.  Without both sections, car hire will undoubtedly be refused and the police will demand both sections of the licence. The green second part of the licence looks like the former green UK driving licence that was issued previously.  Some drivers may still have this valid version of licence, and who have not so far elected to change to the Euro-style licence. 

These regulations have always been in force since the introduction of the European style driving licence, but not enforced, so ensure you have both parts of the licence when you hire a car.  In certain very exceptional circumstances within the UK only, care hire companies will telephone the DVLA to ascertain your qualification to drive the car you wish to hire if you do not have the second green part to the licence with you.  There is a charge for this of around £10 and you must also produce a passport before this search can be carried out.  The EU care hire firms do not offer this service - just a simple refusal to hire the vehicle.

On a further and associated matter, automatic vehicles are virtually impossible to hire abroad, other than in the USA, and with a very restricted availability in the UK.  Many thousands of disabled people are limited only to drive an automatic vehicle due either to the medical condition [s] or disability.  Many such people may also have ’conditions’ attached to the licence which are clearly shown on both sections by a code letter.  These conditions must be adhered to when hiring a vehicle.  Such conditions may include large wing mirrors, extended interior mirror and steering wheel knobs, as well as many more far more sophisticated devices to help disabled drivers to drive.  Access too is a big problem, if ’transfers‘, powered lifts, carriage of chairs/scooters, etc. are required.   I have telephoned seven UK car hire companies at UK airports and Europe Car at Alicante airport Spain, and not one of them could provide any automatic vehicle in the lower or medium range of car or any vehicle at all with even the most basic of any accessories or equipment designed for the use of disabled people, and with no suggestions as to where to enquire further.  A further point comes to mind, and that is of higher premium rates of insurance cover for disabled people, and of course the ‘hire; itself is bound to be more costly, making the cost of hiring an adapted vehicle, if you could find one, much more expensive.

To remind you, when driving outside the UK, you must carry all the vehicle’s documents with you all the time together with your driving licence, insurance certificate, and passport, all of which must be valid, not do so could result in serious problems for both the driver and the owner of the vehicle.  The UK vehicle must also be fully taxed and have a valid MOT certificate for the period that the vehicle is out of the UK, not withstanding that the vehicle must be equally ‘covered’ by full comprehensive insurance, MOT, taxation and driving requirements when used on a public road within the UK.

It should be noted that UK ‘third party’ insurance is virtually useless when driving outside the UK.  For instance, third party insurance make’s no provision for any ‘bail’.  In both France and Spain, many traffic offences are still treated as ‘arrest able’ offences, and without a full and comprehensive insurance containing ‘bail’ provisions, drivers may be imprisoned for driving offence’s such causing the death of another person, dangerous driving, no insurance, and being under the influence of drink or drugs.  Many provinces such as Andalucía in southern Spain, where Malaga and Almeria airports are located, still require by local legislation, so-called ‘green cards’ issued by UK motoring organisations and ferry companies. These outdated and antiquated regulations are only enforced in certain provinces of Spain, so if your intend to drive in Valencia, Andalucía, Mercia or Granada provinces where airports and car hiring companies operate, its is wise to purchase a ‘green-card’ before travelling. 

At the lower end of the scale, the traffic police in the EU, USA, and elsewhere, may issue a ‘ticket’ to  driver’s who fail to carry their documents, and in many counties, states, towns and cities in the United States, Highway Patrols, State Troopers, Sheriffs Office’s and city police have the power, which they often enforce through county, state and city ordinances, to arrest drivers for failures to carry their licences, or back-up documentation such as a passports, and more seriously, they may seize the vehicle being driven, and sell it at public auction with the proceeds going towards the areas of public funding if the drivers licence has expired, or it not valid, or the driver is disqualified from driving or driving a vehicle which they are not licensed to drive or are not complying with the conditions of the licence as indicated in paragraph three above.   A similar vehicle seizing scheme is operating in the UK by the DVLA and the police for non-licensed vehicles.  NOTE: The ‘not valid’ area would include a disabled person driving a vehicle which does not conform to the ‘conditions’ referred to on their driving licence.  In the USA, automatic vehicles make up the bulk of hire vehicles, but the problems of ‘equipment’ designed for disabled drivers use is still a problem.

It is suggested that before hiring a car, intensive checks should be made to ensure that a vehicle is available that accurately adheres to the conditions imposed on your driving licence, otherwise the hiring will be refused or you could be driving without a licence and insurance, the consequences of which could be devastating, if out of the UK.

FAMILIES MISLEAD OVER CARE FEES   

#2.  Families of vulnerable elderly people are being misled over possible help with care home fees says Age Concern & Help the Aged.   Some people struggling to sell a home to pay fees are not being offered council no-interest schemes they are entitled to.  About 60,000 people a year must sell their home to fund care, but sales are taking longer in the current recession.  The Local Government Association says councils in England that cannot afford the schemes do not have to offer them.

Every year about 170,000 people need to go into care, and for one in three the only way they can afford the fees is to sell their home.  Local authorities are supposed to offer deferred payment schemes, which give people the option of not paying for their care until they sell their home or after their death, but many people have not been offered this scheme.

The Department of Health has recently issued new guidance for councils in England about the scheme.  It states that health ministers "expect councils to offer deferred payment agreements in appropriate cases and draw deferred payments arrangements to the attention of prospective residents."  But the Local Government Association (LGA), authorities are also bound by regulations over how they spend their budgets.  The LGA warns that if councils cannot afford to offer the interest-free option, they do not have to do so.  "Guidance is guidance and every council - and there are 150 councils - has to look at their own budgets, their own priorities and their own resources".  Councils in Wales and Scotland do not have that leeway and have to offer the deferred payment scheme.

STEM CELL TREATMENT FOR MRSA?

#3.  Medicine loves a 'magic bullet' ? and here's a new one according to the Daily Telegraph.  The antimicrobial agent, tin chlorin e6, releases destructive molecules that kill the bacteria when exposed to light of the right wavelength.

In tests, the therapy killed 99.97 per cent of 10 million MRSA cells and proved 1,000 times more effective than tin chlorin e6 without the targeting peptide.  The killing mechanism used makes it very unlikely that bacteria will develop resistance against the treatment, say the scientists.

The results from laboratory studies are very encouraging and indicate that this technique might be effective at treating tropical infections such as wound and burn infections.  This work will require in vivo (outside the laboratory) trials before it can be used. Due to the growing resistance of many organisms to antibiotics, this approach may be the only one available for use against microbes resistant to all known antibiotics, but still one of the most effective prevention methods to fight against MRSA and C.diff is the washing of hands every time visit’s to the loo or washroom are made at home, in hospital, clinics, shopping, etc.  We all have ‘super-bugs’ hidden about us all the time, but when antibiotics are bought into the equation together with confinement in small areas such as hospital wards where patients are suffering from a thousand and one different medical problems together with many people using a single toilet and washing facilities, dubious personal habits of patients etc. etc., is it no wonder that MRSA and C,diff are rampant in many hospitals and homes  The very least that the NHS can do is to keep the places clean and educate patients, and all their staff concerning cleanliness, the washing of hands, etc. .

OVER 70s DRIVING TESTS DEMANDED

#4  Following the death of two people by a 70 plus female who admitted causing deaths by driving without due care and attention, calls, not for the first time, for all over 70s to sit further driving tests to include a ‘ hazard perception test and medical, to prove their competence to drive on our roads.’

This case is one of the first of its kind since the new offence of causing a death whilst driving without due care and attention and is not likely to be the last following many controversial such cases where accused drivers having been found ‘guilty’ of driving without due care and attention following a road death and left the court with just a fine.  Some drivers have been back on the road driving the following day.

KILLER NURSE STRUCK OFF REGISTER

#5  A nurse jailed for murdering elderly patients has been struck off by the Nursing and Midwifery Council.  Colin Norris, 33, was found guilty last March of killing four women at Leeds General Infirmary and St James's Hospital in 2002.  Norris, of Egilsay Terrace, Glasgow, was also convicted of trying to murder another patient.  The professional conduct committee took just five minutes to decide he should be removed from the register.

Norris was given four life sentences, with a minimum term of 30 years for each of the murders, and a 20-year sentence to run concurrently for attempted murder.

INDEX PLATES WITHIN THE EU

#6  Many UK and EU motorist’s have adopted the Euro-plate style number plate for their vehicles which displays the registration mark along with the European Symbol of stars in a circle along with GB [or the appropriate EU country code] lettering on the extreme left of the number plates.  Both the front and rear plates should display the EU stars if this form of matriculation is to be adopted.

The use of the EU-style number plate is perfectly legal, but there are no plans to make the Euro-plate compulsory.  It is optional. The provision has been introduced because the European Council issued a regulation in November 1998 requiring Member States to recognise the Euro-symbol on number plates in place of the traditional oval shaped national identifier sticker for travel within the European Union. It is for individual motorists to decide if they wish to use the new Euro-plate.

"UK vehicles travelling in the European Union may still display the traditional oval 'GB' sticker. Alternatively, number plates incorporating the Euro-symbol may be used instead of the oval sticker which was often given away for free by the AA, RAC and cross channel ferry companies.  The oval national identifier sticker would still be required for vehicles on journeys outside the European Union.

"The Government announced on 28 December 2001 the intention to permit the display of national flags and symbols on vehicle number plates. When the regulations are amended, they will provide for the voluntary display of the Union intentions have not been fulfilled, so using these symbols remain illegal and several vehicles have failed the MOT for displaying such number plates and others have been fined by the police.    

WARNING TO CARE HOMES CONCERNING DEMENTIA

#6  Care homes need to improve their approach to people with dementia, a report by a firm of health and social care analysts has concluded.

An enquiry into training was "fragmented and ad-hoc" with a third of  homes failing to provide staff with specialist instruction on dementia.  The survey of 6,000 UK care homes also questioned the care provided.  It said only 57% of home residents affected by dementia were cared for in settings "dedicated" to the condition.  The figure rose to two thirds once all those who ended up with dementia while in care homes were taken into account.  The number of people in Britain with dementia is expected to more than double to 1.7m by 2051.  1958

Ministers have already pledged action, promising to improve services, including those in care homes, in their dementia strategy published earlier this year.  In less than 15 years there will be a million people living with dementia, we need to gear the while of the care home sector to delivering good dementia care.  Neil Hunt, of the Alzheimer's Society said the care home sector had started to revamp its services, but there were still serious gaps in provision.  Training was highlighted as a key area that needed addressing, with an estimated 248,000 people in care homes suffering from dementia.

DISABLED PEOPLE FAILED BY THE NHS

#7  NHS and social services in England are failing to meet the health needs of people with learning disabilities, investigators say.  The Health Service and Local Government Ombudsmen said the standard of care was an "indictment of our society" after reviewing the deaths of six people.  They found one man died as a result of failings in his care, while a second death could have been avoided.   The government said it was taking steps to address the problems.

The appalling circumstances of just two of deaths revealed that {A} 30 year old man  died eight weeks after being admitted to hospital with a broken leg. He waited three days to see a pain team and developed an infection. Complaints were upheld against the hospital and council - he was in a care home when he was first injured. The ombudsmen ruled care contributed to death and {B} a 43 year old died several weeks after having stroke. While in hospital, the 43-year-old went 26 days without being fed. The hospital was criticised: death could have been avoided if care had been better.  The other reports are just as failing. With inadequate care and discharge arrangements, lack of planning, failure to provide secure levels of health care, etc.  How much worse could these cases have been?

The report found failings by hospitals, local health bosses, the official NHS regulator and social care services provided by councils, although none of the complaints against GPs were upheld.  Care was found to be inadequate in the final two, although the ombudsmen ruled this could not be put down to the way the organisations treated people with learning disabilities.  Hospitals were criticised for the inadcare and treatment equate given to people with learning disabilities as well as the way they looked into complaints.   The Healthcare Commission, the NHS regulator, was even ruled to have not handled complaints properly in some of the cases.   The ombudsmen said there was sufficient policy and guidance available, but agencies were not following it and, as a result, were in breach of human rights and disability discrimination laws.  They recommended all agencies review the systems they have in place for making sure the needs of people with learning disabilities were met.

In particular, they said staff needed to improve communication with the patients and their families and social care and NHS teams had to work together better to ensure discharge arrangements were good enough.  The ombudsmen's report comes after the government has already promised to improve training and carry out a full inquiry into premature deaths among people with learning disabilities. 

EUROPEAN HEALTHCARE HAS INEQUALITIES
[UPDATE]

#8  The right to access healthcare across Europe could worsen health inequalities if patients are not given the right advice and support, peers say.  The European Commission has put forward proposals to make it easier for EU patients to go abroad for treatment as well reported in December 2008, but the House of Lords' EU Committee said the rich and educated would be advantaged unless fair funding and information systems were put in place.  Patients' groups are also concerned about the issue of access.  The EU plans are some way off yet before they come into force as they need to be ratified by all EU leaders.

You may remember that under the EU proposals, patients would be able to claim up to the amount their treatment would have cost in their home country.  Currently, only emergency treatment is offered routinely on a cross-border basis, although the NHS does pay for care abroad where patients face an "undue delay".  The European proposals go much further than this system by placing the onus on a health service to justify blocking treatment abroad.  They are designed to allow patients the choice to access the best and quickest possible specialist care.

The House of Lords EU Committee has called for NHS trusts to pay for the treatment rather than expecting patients to fund it as they do now, and then apply for a reimbursement as the initial financial outlay could act as a disincentive to many.  It is also urged that potential patients are fully informed as to what to expect in respect of the healthcare by their GP’s and Consultants.

RESEARCH BACKS NEW PENSION SYSTEM 

#9  A new national pension system, to be launched in 2012, will benefit almost everyone who saves in it, according to a government report.  The new scheme, called personal accounts, will top up payments from the basic state pension.
It will use automatic enrolment to persuade millions of workers to save.  The report was welcomed by consumer groups and the TUC, although some analysts warned of over-ambitious assumptions in the government research.  The 142 pages of research and analysis by the Department of Work & Pensions (DWP) suggest that almost everyone will be better off in personal accounts, even if they then lose entitlement to some benefits.

The new system of personal accounts will be targeted at about five million workers who are in inadequate employer schemes, or none at all.  They will be recruited automatically though they will be able to opt out.  The DWP said the key findings of its research and analysis were that:
• More than 70% of savers could expect to get back more than twice the amount they put in, even after taking into account inflation.
• For more than 95%, the expected improvement would be greater than the cost of their contributions, even after taking account of inflation.
• There was no "readily-identifiable" group in the working age population whose members could not, on average, expect to get back more than they put in to a pension.

The new top-up system will sit alongside the gradual raising of the state pension age, and the restoration of the policy of raising state pensions in line with earnings rather than inflation, as a major reform of pensions in the UK.
The idea of personal accounts was first proposed in 2005 by Lord Turner, after his Pensions Commission published two major reports into ways of increasing the number of people saving adequate amounts for their retirement.  Contributions from workers, employers, and the benefit of tax relief, will see money saved in conventional investment funds, like those which are used to finance money-purchase, or defined contribution, pension schemes in the private sector.

A key concern about the new scheme has been the extent to which some poor people might lose entitlement to various means tested benefits if they saved more for a pension, and whether or not this might deter them from taking part.  Although there have been concerns about the interaction between pensions and means-tested benefits, the vast majority of people should benefit from saving after the 2012 reforms,"   

NHS £700 MILLION NEGLIGENCE BILL 

#10  Clinical negligence payouts by the NHS in England are expected to rise by 80% next year.  Trusts have set aside £713m to cover costs, up from about £400m this year. 

The NHS litigation authority collects money every winter from health trusts to cover expected clinical negligence payouts.  The £313m estimated increase in payouts will eat up almost a third of the additional funding that hospitals will receive next year.  Part of the increase was prompted by a recent ruling in the Court of Appeal - the Thompstone judgement - which changes the way that payments for care are calculated.

NHS patients who have ‘suffered’ as a result of a hospital stay for what ever reason, have always been able to sue the NHS Trust responsible, but such matters have become a lot easier now with the
"no win no fee" scheme whereby solicitors act for their clients on this basis. The client does not have to pay any money up front as the solicitors costs are paid for by the NHS Trust and the client receives the compensation claim without any cost to them - that’s if they win of course.  The solicitors normally arrange an insurance cover with their client in case they lose which means their client is not asked for the solicitors costs. 

COMMENT: Instead of setting aside £731 million pounds to settle claims for negligence, damages, compensation, etc. as if they were expecting such claims,  why don’t the NHS improve their care and nursing of patients?  We are sure that both patients and relatives would sooner be treated correctly whilst in the care or being nursed by the NHS rather than having to sue them for some kind of compensations for their sufferings.

EUROPEAN UNION HITS OUT AT SPAIN
{UPDATE}

#11  The European Parliament has voted in favour of a report criticising Spanish property laws.  The report says Spanish legislation allowing developers to acquire private land below market rates breaches the European Convention on Human Rights.  MEPs were acting on complaints from Britons and other homeowners who feared their homes might be bulldozed.  The MEP’s hope the vote will increase pressure on the Spanish government to change its laws.

The European Parliament voted overwhelmingly to freeze hundreds of millions of euros in Spain's EU funding if the Spanish government does not tackle what the parliament condemned as "extensive urbanisation" practices.  In a full vote in Strasbourg on Thursday, 349 MEPs voted in favour, 114 abstained and 110 cast their vote against the report by the Danish Green Party MEP Margrete Auken.

Spanish MEPs from the Spanish conservative PP party were among those who voted against the report while those from the governing Socialist Party abstained.  There’s a surprise?

The report was drafted after more than 100 petitions by thousands of expatriates living in Spain complaining of breaches of their land-ownership rights were sent to the EU's petitions committee.  One of the main campaigners behind the case, Canadian expat Charles Svoboda, says local and regional governments often rubber-stamp planning applications submitted by developers.  Under current Spanish laws, developers can then demand that home-owners sell their properties at prices well below the market rate.  If they refuse to sell, Mr Svoboda says, they may even have their houses demolished. MEPs backing the report say that constitutes a breach of citizens' legitimate ownership rights.  The "yes" vote show’s that the European Parliament was willing to fight on behalf of EU citizens.  They have shown now that this parliament can listen to the citizens and can take their case seriously and really support them.  It should much easier for aggrieved property owners in the future, fingers crossed to have the feeling that they have the EU institutions behind them."

The European Parliament also criticised the "endemic corruption" which it says the Spanish property market suffers from, and demanded that any plans which did not comply with EU law be halted.  This is the third time that the European Parliament has debated urban planning practices in Spain. It condemned the lack of redress Spanish and foreign residents have in the face of alleged development excesses in 2005 and 2007.  This time though, it would appear, Spain will suffer the consequences to the tune of millions of euros in frozen funds if it fails to act.  To date, no movement in this matter has been detected, but of course with the Spanish property market having imploded in recent months, the whole property construction industry is at a complete standstill.  We are awaiting news from our property contact in Andalucía in Southern Spain as soon as there is any news’s for those who have been affected by either ‘land-grabbing’ or ‘repossession’.

It is suggested that now, aggrieved property owners may have a claim in the Spanish courts, for the apparent ‘unlawful’ actions taken against their properties.  A visit to the local obligado [solicitor] may be an idea?  

STROKE CARE FAILING THE ELDERLY

#12  Ageism in the NHS means older people get poorer stroke care than younger victims,  Age Concern and Help the Aged, who were responding to "shocking" findings in a study led by a team at London's Mayday Hospital.  The study of 379 patients found over- 75s were less likely to be given access to vital scans and advice, the Postgraduate Medical Journal reported.  The Department of Health has said it is committed to equality in care.

The government in England has made stroke care a key priority in recent years.  Ministers acted after criticisms that the standard of stroke care was lagging behind other European nations.  Strokes are the third biggest killer in the country - behind cancer and heart disease - responsible for 50,000 deaths a year, but while strokes are most common in the elderly, just one in 20 over-75s in the study was given an MRI scan to diagnose the type of stroke suffered compared with one in four younger patients.

Elderly patients also came off worse in regards to lifestyle advice with a third of younger patients counselled about weight reduction compared with just over one in 10 older patients.  Lead researcher Dr Karen Kee said: "A change in the attitude of healthcare professionals is needed to root out ageism".  "The investment in stroke services following the strategy has been welcome, but we must do more to provide equal access".

Michelle Mitchell, of Age Concern and Help the Aged, said: "This is another shocking example of ageism in the NHS, resulting in older people being denied the care and treatment they need because they are deemed 'too old'.   "Older people aren't asking for special treatment, but the same access to healthcare and medicine as everyone else."   But a Department of Health spokesman said the forthcoming Equality Bill would help end "unfair age discrimination".  "We are determined to ensure high quality care for all, regardless of age."    

IMPROVING INFORMATION FOR DISABLED PEOPLE

#13  The Office for Disability Issues [ODI] reports that accessible information is a key aspect of achieving equality for disabled people and that the improving of information is required.  As we all know, accessible information is crucial if disabled people are going to have equal access to services and entitlements. The Office for Disability Issues (ODI) has looked at how disabled people’s access to information on public services can be improved.

Much can be carried out in this area such as train, shipping and aircraft movement information at terminals, ports and airports - particularly airports, where signage and verbal information is repeatedly criticised by all passengers,  when delays are caused through strikes, weather, etc. when the travelling public are repeatedly failed to be ‘informed‘ as to the situation or cause..  A good example of this was the fiasco at London Heathrow when the new BA terminal 5 opened causing up to five days of chaos. People involved in this said their main complaint was "the lack of accessible information".

Information and signage appropriate to disabled people in buildings, open spaces, public transport systems are also often poor.  Directions toward emergency exists are often covered up or not illuminated, and the use of brail on railway ticket machines and such like are only just being used.  Signage to public toilets is also sadly lacking in many towns - so are the loos!.  Control gates at railway stations are difficult to negotiate for wheelchair users, with the insertion of the ticket also difficult.  Lack of staff to assist wheelchair users is also a point often complained about.

Locations of parking ticket machines, parking meters and sign boards are often constructed without any thought of the use of them by wheelchairs users.  Such equipment is often located on top of concrete plinths with no drop sides allowing accessibility.  These are just a few examples of what the ODI need to do, but should not this all have been carried out from 1995 onwards when the all dancing, all singing, and  best piece of UK legislation for UK disabled people was passed - The Disability Discrimination Act 1995

Supporting public services to produce better information for disabled people. High quality public services should be inclusive and accessible. An essential part of this is good quality information. The Office for Disability Issues' Improving Information project looks at how disabled people's access to information on public services can be improved.  The ODI is working closely with disabled people, disability organisations and the public sector to make this happen.

The ODI has developed five core information principles. These principles are essential to make sure that services and information are designed and delivered to a high standard:

• Ensure that disabled people are involved from the start
• Provide information through a range of channels and formats
• Ensure your information meets users' needs
• Clearly signpost other services
• Always define responsibility for information provision

On the same lines as this article, the Department of Work and Pensions appears to be at least one agency who repeatedly fails to inform their customers fully about their complaints or when seeking information about their state benefits.  Short phases such as "its being looked into" or "we will write to you" or "the case worker is not here", etc. are often used.  What kind of answers are these?   It would appear that we are just numbers to these people and not recognized as being human beings that are either elderly or seriously disabled people.    

RECESSION HEIGHTENS I.D. THEFT
{SPECIAL REPORT}

#14  We at LBR have always warned our readers of the danger of using the internet to view bank and credit card statements and to refrain from not giving away dates of birth when not obligatory to do so.  Likewise, advise has been given about NOT opening dubious emails whose senders name is unknown to the receiver, and we continue to provide this advice as obviously you are using the internet to read the LBR.

The latest official information now reveals that nearly three-quarters of UK consumers think that they are at greater risk of identity theft and credit card fraud as a result of the world financial crisis.  This advice comes to us courtesy of Unisys Security Index, a bi-annual global study into consumer security concerns.

Nearly 9 out of 10 people were concerned about people accessing their personal information and using it. Some 88% were worried about people gaining access to and misusing their bank details.  This trend is also echoed in the US, Germany and Spain where rising financial security scores are the greatest security concern for consumers.

The government need’s to take a lead on educating the public more about the pitfalls of being online, including how much information they give out, said Unisys UK managing director Duncan Tait.  "You don't need to do many searches and look at Facebook to work out names, mother's maiden name, favourite pet and addresses.  We have a generation who share that information as a matter of course and for people who chose to make a living [from other people's information] it is gold," he said.

COMMENT: May we suggest that you should never use your own telephone numbers, pets names, house numbers or post codes, nick-names, abbreviations, car index numbers or car makes, etc. as passwords or part of a logging on processes.  Take advantage of your own banks security access systems and download them to protect your bank details.  They may found on the banks website and are free.

Use simple but effective passwords, mixing letters and numbers together and try to use different passwords for separate accounts.  It is difficult to remember codes and passwords but please try and not write them down.  If you do, keep them safe locked away and well hidden.  Change your codes and passwords frequently - say once every three months.  All a bit of a pain we know, but it’s better than finding that somebody has cloned your name, address, date of birth and obtained a mortgage, passport, driving licence, or large bank loan or is running around with credit cards in your name.

The writer of this article has had personal experience of ’fraud’ and ’cloning’ this year when he had £15,000 taken on separate occasions from both different credit cards and a bank account.  In one case, a £5000 car was obtained as part of this fraud, so If you are unfortunate to be in the same position, call your credit card company or bank immediately you become aware of it and close the accounts and cancel the credit cards and open new ones, as this will stop instantly any further frauds on your accounts and then when opening the new accounts, use completely different passwords and codes.  Check your bank statements at least once a week, on-line, so that you can detect any ‘fraudulent’ transactions, even credit card accounts can now be check in this manner.

Please do not keep credit cards or bank/debit cards together with associated checks in the same place.  If you do have to write down PIN numbers do not keep them anywhere near the appropriate ‘card’ and keep them shielded from other people when using the PIN number. 

Following the writers unfortunate dealings, he has taken out both a credit card and a personal identification indemnity insurance policy to protect his ID, bank and credit card accounts.   These policies insurer the holder for £50,000 plus whilst dealing with all the problems associated in re-gaining ones own true ID.  Credit cards are protected too, although all UK credit cards are self-protected against fraud.  More often than not, the card company will notify the holder of the card as to any strange or unusual dealings, and then treat them as ‘fraud’ subject to investigations first to establish the fraud.  Always check your credit card statements carefully to ascertain that all the uses are valid ones.

Protection insurance polices are obtainable on-line.  Enter ‘ID Protection’ in the search box, and up will come several suggestions.  One of the most popular is CPP or Credit Protection Plan and also BT are operating their own ID and credit card protection schemes for around £3.50 per month by direct debit.  Many banks also operate credit card protection schemes.  The advantage of both CPP and BT is that you can also obtain weekly reports concerning your credit ratings from Experian free of charge.  The report shows any applications for credit cards, loans and mortgages applied for in your name so you can quickly detect any ’unlawful’ transactions so you can inform the police, banks, mortgage companies, etc. of the ’fraud’.

One of the worse ‘sins’ on-line users can make is failing to ’log-off’ bank websites when finished.  The failure to ‘log-off’ means that your bank account details are still ‘open’ and ‘accessible’ to all and sundry with every possible details being available for others to obtain and use.  YOU ‘LOG-ON’ SO ‘LOG- OFF’ AS WELL.

Finally, It is wise to inform the credit card company, or your bank if appropriate, if you are travelling abroad and intend to use their cards whilst there, otherwise the card company or bank may look at any ‘strange’ or ’unusual’  transactions as ‘suspicious‘, and may well refuse the use of the card, leaving you without funding thousands of miles from home.  [755]      7309

AGE CONCERN AND HELP THE AGED JOIN UP 

#15  Age Concern England and Help the Aged have joined together to create a new charity dedicated to improving the lives of older people. We are motivated by the injustices and lack of opportunity experienced by older people and will use our influence to deliver transformational and sustainable improvements to older people's lives.. We believe that the UK can be a better place in which to grow old, and our vision is of a world where older people flourish.

FIGHT AGAINST FORCED RETIREMENT CONTINUES

#16  In the latest stage of the legal challenge led by Age Concern, the European Court of Justice has judged that the National Default Retirement Age could remain if it had a 'legitimate aim' linked to a social or employment policy. Despite the impression given by some of the media coverage, this does not necessarily mean that the default retirement age is lawful.    7469

CHRONICALLY ILL ELDERLY TO INCREASE

#17  The UK's ageing population is set to cause a huge rise in the number of older people living with long-term illnesses, campaigners have said.  Help the Aged says that by 2025 there will be a big increase in the number of over-65s with heart disease, osteoporosis and dementia.  It warned this could stretch the NHS to breaking point and called for more research into these conditions, but the Department of Health said measures were being taken to cope.  Having analysed current disease patterns and predictions about the ageing population, Help the Aged made a number of estimates about the future levels of ill health in the elderly population.

The charity said there was likely to be a 46% rise in the number of people living with the effects of stroke, from 601,000 now to 878,000 by the mid 2020s.  The researchers said those living with late-onset dementia would go up 50% to one million while the number of elderly people with heart disease would rise by 42% to 2.6 million.  Levels of incontinence and osteoporosis were also likely to rise by a third, while sight problems could go up by over half, the charity has claimed.

In total, more than six million elderly people could be living with a life-limiting condition by 2025 - a 45% rise, Help the Aged concluded.  These rises mostly mirror the expected increase in the over-65 population which stands at just under 10 million in the UK currently, but will reach about 14 million in 16 years' time, such a scenario could see the cost of caring for older people rise from £40bn a year to over £50bn.

May we thank you all for your continuing support for without which we would not be entering our ninth year of publication.