Covid-19
What are the current biggest threats to care? Following a spike in cases and renewed lockdown restrictions, the sector is now considering how it can manage the impact of what appears to be a second wave. To date, public perception has been
largely supportive of the care sector and how they coped with the height of the pandemic, generally passing blame for failings onto the government and regulatory bodies. That could very well change with a second wave, and in turn may encourage both employers’ liability and public liability claims. Family members who have so far been
supportive of the care sector but remain unable to visit their relatives in care may not be so patient this time around, and we could very well see a spike in human rights type claims against the sector, particularly as inquiries are ongoing into the use of ‘do not resuscitate’ orders in care settings at the height of the first lockdown. Another threat already having a
considerable impact is the hike in insurance renewal costs, as care sector businesses are facing either huge increases in premiums and/or pandemic exclusion clauses for potential public liability claims. Consequently, this means care sector businesses are even more cautious about allowing visitors to see their relatives. Particularly for smaller businesses,
this can present a serious threat to their business viability – insurance cover is crucial, as how can they survive if a public liability is made and they have no cover? Many will be looking to government intervention for support. The pandemic has already had a
massive impact on the financial stability of the care sector, particularly with low occupancy, and these new problems make viability in the sector even more difficult for the majority of providers.
How important will the promised government relief package prove? On 13 May, the government announced an additional £600m to support providers through a new adult social care infection control fund. To summarise, this is designed to provide: l Additional PPE and care infection training for staff.
l Reduction in workforce movements, via subsidy of staff wages.
l Comprehensive testing for all residents and staff.
l Capacity to quarantine residents that require isolation.
l Additional NHS clinical support via
primary and community support.
l National recruitment campaign, to attract a further 20,000 people into social care.
l Oversight and compliance by local authorities, to help implement care support plans.
l Extra funding to local authorities.
Only time will tell if this relief package will be enough. The care sector is a diverse one, that ranges from small privately- owned care homes, to large corporates, local authorities, charitable institutions and domiciliary care. Regardless, they have a shared task and responsibility: to care for the most vulnerable people in our society. Problems are still prevalent across the
sector and the CQC has a responsibility to ensure all care providers can work competently towards that shared goal. While inspections are now resuming, albeit in a different form, basic mistakes are being made. At the time of writing, inspectors are
still not being tested for Covid-19 prior to inspections, despite the primary traced source of infections being care sector staff members that attend multiple care settings. Considering its failures and conduct
throughout the pandemic, the future of the CQC must surely be in question. It will be interesting to see whether it is
December 2020 •
www.thecarehomeenvironment.com Michelle Penn
Specialising in occupational disease claims since 1995, Michelle Penn is a partner and head of the occupational disease team at national law firm BLM. She was a member of the Civil Justice Committee at The Law Society and chaired the working group that reviewed the Disease and Illness Pre-action Protocol.
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reinvented in a similar manner to Public Health England. There are many threats to the future
of care, and we will feel the impact of the pandemic on the care sector for many years to come, as we look to protect the future of care and the most vulnerable in our society.
TCHE
©
alex.pin -
stock.adobe.com
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