The Department of Health issued a press release confirming that families of health and care workers on the frontline in England will benefit from a new life assurance scheme during the Coronavirus (COVID-19) pandemic. Details of the scheme, which were first published on 27 April, are now beginning to become clearer.
The Health & Safety Executive’s (HSE) guidance in respect of RIDDOR and COVID-19 presents a significant challenge to those responsible for reporting within a care setting. Care providers are understandably concerned that notifying the HSE of a non-reportable incident could result in an unnecessary HSE investigation. Some care providers are also concerned that a notification under RIDDOR may be construed as an admission of responsibility should a criminal and/or civil action be pursued.
At the start of the COVID-19 pandemic, the Health & Safety Executive (HSE) provided guidance on when deaths from COVID-19 or instances of COVID-19 should be reported to it. The HSE emphasised RIDDOR reports were only required in relation to employees where a death had occurred as a result of occupational exposure to COVID-19 or a person had contracted COVID-19 in the workplace. When deciding on whether a RIDDOR report is required, a “responsible person” within the organisation should make an informed decision on whether a confirmed diagnosis of COVID-19 is likely to have been due to exposure at work.
In the past few months, one of the dominant news stories has been that of the effect of the COVID-19 pandemic on the social care sector. This has mostly focused upon the issues surrounding elderly care.
However, the Care Quality Commission (CQC) has this week published an analysis regarding deaths of persons with a learning disability and/or autism. The analysis is based upon notifications from providers registered with the CQC where the death certificate indicates the deceased had a learning disability. This shows in the period 10 April to 15 May there was a 134% increase in deaths in comparison to the same period in 2019.
Our recent blogs have consistently focused on this developing saga as COVID-19 continues and as we as a nation compare ourselves to our counterparts, we are increasingly coming up short. There is a stark message coming through that our most vulnerable have been forgotten: the elderly in care homes, the detained in mental health units and those with learning disabilities.
In response to the COVID-19 pandemic, the Care Quality Commission (CQC) established the Emergency Support Framework (ESF) to ensure the CQC could continue to practice its regulatory function in maintaining safety across health and social care settings. Although all routine inspections are currently on hold, the CQC aims to use the ESF for the purpose of collating information and intelligence from a number of sources to assist the CQC with issues such as monitoring risk, identifying where support is required and delivering safe care.
Despite early Government promises to the contrary, it always seemed obvious that the pandemic would hit care homes (residents, relatives and staff) with some force. A letter dated 22 May 2020 from the Relatives and Residents’ Association (RRA) to the CQC makes very clear the views of the RRA, who accuse the CQC of failing to protect care homes.
The RRA letter describes the following failings on the part of the CQC, and demands action :-
- Inadequate provision of data on care home deaths to the Government. Failing to do so resulted in the Government having inaccurate data and under-estimating the seriousness of the situation.
- Showing a lack of urgency, and instead complacency. For example, the CQC did nothing to rebut the early statement from Public Health England that it was “very unlikely” that care homes would be affected by the pandemic.
- Failing to represent the needs of care homes for PPE, testing and tracing.
- Providing guidance for care homes (the “Emergency Framework) only on 1 May, over six weeks after lockdown was announced, and even then, providing no guidance for care homes on how to deal with anxious families.
- Allowing standards to fall due to the decision to suspend inspections of care homes from 16 March 2020. (The CQC have said they would still arrange an inspection wherever they are aware of “significant risks” such as allegations of abuse, but otherwise, any monitoring is being carried out remotely. We understand that approximately 2000 checks of care homes have not been carried out in the last two months that otherwise would have been.)
As part of the guidance from the British Geriatrics Society in relation to managing patients with or suspected to have COVID -19 in a care home setting, care home staff should be trained to check the temperature of residents displaying possible signs of COVID-19 using a tympanic thermometer. The guidance states that care home staff, where possible, should also be trained to measure other vital signs including blood pressure, heart rate, pulse oximetry and respiratory rate. This information can then be used by external healthcare practitioners such as GPs during virtual ward rounds and will help to triage and prioritise support of the care home residents and their care staff according to patient need.
During yesterday’s daily Downing Street briefing, Matt Hancock was asked by the BBC about his party’s election manifesto promises concerning social care reform.
Prior to the December general election, the Conservative party manifesto promised to reform social care. Matt Hancock was asked at the briefing yesterday by the BBC whether the government was still planning a cap on care fees that have to be met directly, and whether he accepted that social care reform could not be put off again.
On 20 May 2020, the CQC published its first COVID-19 Insight document, said to be the first of its regular discussion documents on key issues affecting health and care.
The full document can be found here.