1. Maggie42

    Maggie42 Registered User

    Mar 7, 2011
    120
    East Midlands
    Hi,
    My husband fell out of his wheelchair in his NH on Christmas day: the brakes were not applied. I have asked the home for their incident report but this has not been forthcoming. I want to know what action has been taken and am at a loss where to turn next. I told the commissioners yesterday, but again haven't had any feedback.

    This is one of many serious incidents recently his ankle is already in plaster from one of these!! My concern for his safety is so worrying it is making me ill.

    His behaviour is challenging at times and it would be difficult to find somewhere else to accept him. It is all such a dilemma.
    Any advice would be appreciated.
    Many thanks
    Maggie
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    19,022
    Male
    North Manchester
    If you consider there has been neglect you can also report the incident(s) to the LA Adult Safeguarding Team.

    The Care Act 2014 places a legal duty on the LA

    Safeguarding enquiries by local authorities

    The Act also requires local authorities to make enquires, or
    ask others to make enquiries, when they think an adult
    with care and support needs may be at risk of abuse or
    neglect in their area and to find out what, if any, action
    may be needed. This applies whether or not the authority
    is actually providing any care and support services to that
    adult


    https://www.gov.uk/government/uploa...ta/file/366087/Factsheet_7_-_Safeguarding.pdf
     
  3. fizzie

    fizzie Registered User

    Jul 20, 2011
    2,739
    I am so sorry you are having to watch this happening to your husband.
    These are safeguarding issues and need to be reported to your adult social services safeguarding team as soon as possible, they have a duty to respond to your concerns. Please also tell them that the Home is not providing you with information surrounding the incidents when you have asked.

    If you have the energy please also report this to the Care Quality Commision who also have a duty to respond 0300 061 6161

    Do keep posting, lots of support on here
     
  4. Maggie42

    Maggie42 Registered User

    Mar 7, 2011
    120
    East Midlands
    Another 24hrs gone since sent e-mails, as follow up to earlier phone calls, to Home manager , owners and commissioner....no response! Looks like I will have to escalate this.
    Thanks for your replies.
     
  5. Adcat

    Adcat Registered User

    Jun 15, 2014
    290
    London
    Oh I am so cross on your behalf. Inform your MP and send a note to Alistair Burt, MP and care minister; alistair.burt.mp@parliament.uk
    It's about time the people who work for us did something
     
  6. nitram

    nitram Registered User

    Apr 6, 2011
    19,022
    Male
    North Manchester
    If by commissioner you mean the CQC don't expect a quick reply.

    The best way to escalate the problem is to inform the LA Adult Safeguarding Team of your concerns and then tell the home manager and owner that you have done so.

    Adult safeguarding should act fairly fast if you impress on them that you consider the neglect is ongoing and places your husband at a continuing risk, they have a legal duty to investigate and take any steps they consider necessary. Send them a list of events and dates and say that all your requests to the home for action have fallen on deaf ears.
     
  7. Maggie42

    Maggie42 Registered User

    Mar 7, 2011
    120
    East Midlands
    Thanks, I have escalated things, so it will be investigated.
    Interestingly according to CQC it is up to the home whether they show you incident reports. So much for transparency I was really shocked.
     
  8. Maggie42

    Maggie42 Registered User

    Mar 7, 2011
    120
    East Midlands
    I just wanted to bring this back up to the top again as I guess a lot of you were busy yesterday. Does anyone else have experience of trying to access incident reports? I think it is shocking these don't have to be made available. Unless people have something to hide why shouldn't they be viewed?
     
  9. canary

    canary Registered User

    Feb 25, 2014
    10,531
    Female
    South coast
    Mum recently had a fall in her CH and broke her wrist. When we got back form hospital with mums arm in plaster I went to tell the home manager (a lovely lady) who put her head in her hands. She explained to me that there had been several people fall and end up going to hospital (Im sure its quite coincidental). She has to fill in forms every time something like that happens and if there are too many within a certain time then the CQC will initiate an investigation. I did not know that happened until then.
    Im sure the CQC will investigate, but, like most official bodies, they are probably not quick.
     
  10. nitram

    nitram Registered User

    Apr 6, 2011
    19,022
    Male
    North Manchester
    "...Interestingly according to CQC it is up to the home whether they show you incident reports..."

    Try a different approach, I think the care home should have submitted a RIDDOR, not sure as reporting regulations are continually changing


    This information sheet gives guidance on how the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) apply to the health and social care sector. It is aimed at employers and others in health and social care, who have a duty to report under RIDDOR...

    ...What do you need to report?
    ....
    ■ accidents which result in a person not at work (eg a patient, service user, visitor) suffering an injury and being taken directly to a hospital for treatment...

    ■ specified dangerous occurrences, which may not result in a reportable injury, but have the potential to do significant harm

    http://www.hse.gov.uk/pubns/hsis1.pdf

    "...My husband fell out of his wheelchair in his NH on Christmas day: the brakes were not applied...."
    Arguably 'specified dangerous occurrences, which may not result in a reportable injury, but have the potential to do significant harm'

    "This is one of many serious incidents recently his ankle is already in plaster from one of these!!"
    Presumably 'accidents which result in a person not at work (eg a patient, service user, visitor) suffering an injury and being taken directly to a hospital for treatment.'

    I know that an employee has a legal right to see a copy of a RIDDOR report and assume that this will extend to '...a person not at work (eg a patient, service user, visitor)'

    Present the care home with the above, if they have submitted a RIDDOR I think they will let you see it, if they haven't it will at least sharpen their focus and send them scurrying around.
     
  11. Maggie42

    Maggie42 Registered User

    Mar 7, 2011
    120
    East Midlands
    Thanks for the advice. The earlier incident when he broke his ankle had a RIDDOR report, but I have not seen it. This latest report has just been sent to CQC and safeguarding. Nothing can alter what has happened but I would hope an investigation could make recommendations so similar things can be avoided in the future.
     

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