The Journal of Adult Protection

Margaret Flynn; Vic Citarella

2013 The Journal of Adult Protection

doi: 10.1108/JAP-06-2013-0023

Purpose – This paper concerns the fall‐out from a TV programme which exposed the arbitrariness of cruelty at a private hospital that purported to provide assessment, treatment and rehabilitation to adults with learning disabilities, autism and mental health problems. The paper seeks to address the issues involved. Design/methodology/approach – It describes the principal findings of a Serious Case Review which was commissioned after the TV broadcast, and outlines some of the activities designed to reduce the likelihood of such abuses recurring. Findings – From policy, commissioning, regulation, management, service design and practice perspectives, events at Winterbourne View Hospital highlight a gulf between professionals, professionals and their organisations, and leadership shortcomings. Originality/value – The English government responded promptly and encouragingly to the wretched circumstances of patients at Winterbourne View Hospital with a “Timetable of Actions”. The Serious Case Review which was commissioned after the TV broadcast contributed to the growing scepticism of “out of sight, out of mind” placements. It covered wide‐ranging territory.

Joe Plomin

2013 The Journal of Adult Protection

doi: 10.1108/JAP-05-2013-0020

Purpose – This article seeks to consider the lessons from one of the worst failures in adult protection in the UK in recent times: the abuse of a number of patients with learning disabilities or autism and challenging behaviour over a number of years at Winterbourne View private hospital in the outskirts of Bristol. The abuse persisted, irrespective of a number of attempts to alert a broad range of regulatory authorities and health professionals about the situation. Design/methodology/approach – The article provides a detailed analysis of the lessons for professionals responsible for adult protection by one of the journalists most responsible for exposing the abuse at Winterbourne View private hospital. Drawing on information the BBC uncovered during the making of its two films about the subject, the author shares details of relevance to professionals responsible for adult protection and considers the implications of the catastrophic failure to protect vulnerable people. Findings – This article shows how the lessons from the abuse at Winterbourne View have permeated only to some areas and professionals, not necessarily to where those lessons are most needed. The author suggests that further efforts are required to prevent another, similar scandal happening elsewhere in the UK. Originality/value – The paper is a unique piece, sharing experiences from a journalist involved with exposing a scandal directly with professionals responsible for adult protection.

Sheree Louise Green

2013 The Journal of Adult Protection

doi: 10.1108/JAP-11-2012-0027

Purpose – This article aims to outline simple measures which, by making better use of existing legislation and provision, could change the day‐to‐day experience of individuals with learning disabilities currently in long stay hospitals, whilst phased local provision is being sourced for them. The proposals will also promote the safety and dignity of the minority of patients who ultimately cannot be settled successfully within their own community. Further, these measures may help ensure that any individual undergoing assessment and treatment at such a unit, for whatever period, and for whatever reason, will receive care in an environment where abuse cannot go unnoticed or unchecked. Design/methodology/approach – The paper provides a review of the potential to use current legislation and provision to better effect, highlighted by case studies. Findings – Commissioners contracting with providers could include measures to promote the safety and protection of adults with learning disabilities from abuse at little or no cost to the commissioning authority. Originality/value – This is an original piece of work – developed from a short opinion/comment piece (750 words) originally prepared for the benefit of mental health lawyers in the Law Society Gazette . It is primarily of value, however, to social workers, care providers, adult safeguarding teams, advocacy services and commissioners of services.

Paul Burstow

2013 The Journal of Adult Protection

doi: 10.1108/JAP-04-2013-0017

Purpose – This paper intends to explore how corporate bodies could be held criminally responsible for abuse and neglect that takes place in hospitals and care homes if by their actions they facilitate this abuse or neglect to take place. It explores current domestic and international law and seeks to find precedents and guidance that would allow the Government to create a new criminal sanction for “corporate neglect”. Design/methodology/approach – The paper provides a review of existing legislation and regulation on corporate neglect in hospitals and care homes. Findings – The paper proposes that the Health and Social Care Act 2008 be amended to include a new section which would make corporate neglect a criminal offence. Furthermore, to ensure that the punishments for these offences act both as appropriate sanction and a suitable deterrent for corporations, the author proposes that new offences should be implemented to include unlimited fines, remedial orders and publicity orders. Originality/value – Following a number of recent scandals in care homes and hospitals, including Winterbourne View and Mid Staffordshire, it is clear that there is a legislative and regulatory gap in the ability to hold corporate bodies to account for neglect or abuse that occurs in their institutions. This must now be urgently addressed.