Should care home owners be criminally liable for abuse and neglect?

Paul Burstow MP, former care minister

Nadra Ahmed, chairman of the National Care Association

YES

Former care minister Paul Burstow MP has proposed new criminal sanctions for care home owners who allow the abuse and neglect of vulnerable patients.

The Liberal Democrat MP has published a report, ‘Care and Corporate Neglect’ setting out how a new law could be enacted and what the Government needs to do to ensure adult safeguarding in England is improved in light of the Winterbourne View care scandal.

When he launched the report he said: “Everyone was shocked that the company in charge of Winterbourne View was not put in the dock to face criminal charges. It is not good enough for the thugs who carry out this kind of abuse to receive a criminal conviction, when the companies in charge have no criminal corporate accountability whatsoever.

“It's about time those who take the fees, and employ and manage the staff in care homes are held to account for abuse and neglect that takes place on their watch.”

Mr Burstow also presented a Parliamentary Bill on the issue calling on the Government to hold corporations criminally accountable for abuse and neglect in care settings.

“My Bill proposes legislation that would see those who provide care and support held corporately accountable for abuse and neglect on their watch.

“My Bill has two elements: to improve adult safeguarding and to close a loophole in the criminal law. It would amend the Health and Social Care Act 2008 to include a new offence of corporate neglect. This new law would act as a deterrent. It would force weak boards of directors to pull their socks up, visiting their services, talking to and, vitally, listening to the people who use those services and listening to and including the families of those whom they are caring for - and, yes, engaging with the staff, being interested in them and in their professional development.

“As the chief executive of care provider Care Management Group, Peter Kinsey, put it to me recently: If there is a systematic failure, as at Winterbourne View, then executives and ultimately the Board are responsible for not having measures in place to pick up concerns and failings in quality.

“That must be right. It is why good providers have absolutely nothing to fear from this Bill. Only those organisations that allow abuse and neglect to go unchallenged should be worried.”

NO

Nadra Ahmed, chairman of the National Care Association has called on the Government to be cautious in its response to Paul Burstow’s call to make care home owners criminally accountable.

She believes it would be unfair to single out care home owners and any law would have to apply to local authorities and even health ministers.

She said: “It is not that we disagree with the principles behind Mr Burstow’s proposals but we do believe that there should be a comprehensive review of these matters so that the role of all those with responsibility for the commissioning, regulating and delivery of care is clearly defined be it in an NHS ward or a social care setting: the role of trustees and directors are defined but what may need further clarity is the impact on them should they be seen to have failed in their responsibility for the delivery of the service.

“Beyond that there is a need to consider the responsibilities of organisations such as local authorities and Primary Care Trusts who as the commissioners of services hold the public purse and their criteria for purchasing services and reviewing performance also need to be considered. Crucially, we must be confident about the role of the regulator and the powers they hold to bring people to account.

“Winterbourne View which has been the ‘inspiration’ for Mr Burstow’s proposal was a systematic failure of a number of organisations so a root and branch review of possible remedial action should be undertaken. This cannot be about one arm of the problem only; it must cover all agencies involved and address the issue of responsibility across the board.

“There is a need for absolute clarity in who the responsible person is and also who is the responsible authority to whom concerns and complaints could be made.

“The Care Quality Commission holds substantial powers and failed catastrophically to respond to early warning signals at Winterbourne View. This must be addressed within this review, who does the public go to with concerns if the regulator will not take responsibility. If it is their responsibility then the Government must make certain that the Care Quality Commission knows that and takes that responsibility seriously.

“This clarity is essential, creating more legislation may not be the answer; people with concerns and complaints are likely to be members of the public and there must be clear guidance for the public about who will take their concerns seriously and help them to deal with them.”