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National Care Association Update

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What can you do about Trip Advisor style websites?

We asked National Care Association solicitor Jeremy Allin from Lester Aldridge for advice about these Trip Adviser type websites and we are pleased to share his opinion with you.
The popularity of Trip Advisor style websites appears to be gaining some momentum and it has come to our attention that there are two sites in particular, namely the Good Care Guide and Compare Care Homes, which may affect care home owners. These websites allow members of the public to comment freely and rate the services of homes for other to see. However, comments made on such sites can be posted anonymously so it can be very difficult for owners or managers to verify or respond to such comments in a meaningful way. If you find that you have become the subject of negative or unjustified comments our advice, in the first instance, would be to contact the website directly should you wish to make a complaint or have the comment removed. The website should have a specific policy for dealing with complaints, which will usually be available somewhere on the site itself. Both websites referred to above have individual policies which deal with investigating complaints regarding postings on each of the sites. What these investigations entail and how an outcome will be reached is unclear and remains to be seen. However, what is clear from a recent decision based on a Trip Advisor style website is that site owners are unable to charge a fee purely to remove the comments from the site. The sites named above do not purport to do this, but home owners should be aware of this should they come across any similar sites that do request fees purely for the removal of posts. If the site itself is unable to provide a resolution there are other options available for home owners if they wish to have comments or posts removed. Unfortunately, the options available can prove to be costly and time consuming. Homeowners need to consider the damage that negative comments may do to the reputation of the home and business as a whole should any negative and unfounded comments be left in the public domain. As you may be aware, the European Convention on Human Rights provides for freedom of expression, which includes expressions of opinion and the courts are quite rightly reluctant to interfere or infringe on peoples human rights. Where comments made on such websites are clearly defamatory or untrue the courts may be able to provide those effected with some remedy. It will be necessary to consider whether the comments made are simply expressions of opinion with which you do not agree or statements that are plainly untrue. If statements are plainly untrue there may be legal remedies which might include taking formal action in the civil courts for defamation. Put very simply a claim for defamation can be brought where an untrue statement has been made, which has the effect of damaging a reputation. On first glance, this may appear relatively easy to prove, however, there is a defence to such a claim where the person making the comments honestly believes the comments to be true. Therefore where the person who has posted on the website (or published the comments on the website as the case may be) and honestly believes them to be true defamation can be very difficult to prove. This is particularly so where the perception of the author is being stated.

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18 May 2012

Issue No 19

National Care Association, 45-49 Leather Lane, London EC1N 7TJ

National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk

What can you do about Trip Advisor style websites?

Continued from page 1

You Care website

Community Care is looking ideas for contributions to its You Care website for managers and professionals working in residential or domiciliary care. This could be suggested topics to cover or submitted articles on areas including good practice, advice for managers or frontline staff, regulatory developments or ways in which providers should adapt to the personalisation agenda and other changes in commissioning practice. Email adults editor Mithran Samuel with any thoughts. mithran.samuel@rbi.co.uk

In extreme case some owners have the option of applying for an injunction preventing the website from publishing such comments or similar material. However, pursuing such a remedy can be difficult and expensive, with no guarantee of obtaining a satisfactory result. By far the most effective way of protecting your hard earned reputation is to have clear and transparent quality assurance systems in place within your service, so that service users and relatives have an accessible and user friendly method of making any complaints or issues known to you. In that way you will be the first to hear of any such issues and will have the opportunity to respond in a positive manner. If you do not respond then uncomplimentary remarks may be posted on these sites. As stated above, only if the statements are untrue will you have a remedy at law. Clear and frequent communication with both service users and their relatives is by far the most effective way of getting positive feedback and these sites do have plenty of scope to increase ratings by virtue of positive comments posted on them. By way of conclusion, in the first instance, if concerned about a comment approach the site directly to see if a resolution can be reached amicably through the sites complaints procedure. If that approach fails then contact the helpline at Lester Aldridge who will be happy to discuss alternative approaches if they are available.

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National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk

Sefton Council Ignores High Court Ruling And freezes care fees for a third year
The following article appeared in Brunswicks Healthcare Review, issue dated 16 May 2012 Sefton Council has defied a High Court ruling and told care home owners and the boroughs vulnerable that it will be freezing care fees for both 2011/12 and 2012/13. Now Sefton Care Association says that as many as 50% of care homes in the borough may be forced to close, generating massive worry and uncertainty for the families of the areas frail and vulnerable. Senior council officers dropped the bombshell to care home owners despite a judge telling the local authority in November 2011 that it must make a decision on reassessment of care fees paid to the most vulner- able people by 09.02. 2012. In a Judicial Review in the High Court in Manchester, His Honour Judge Raynor QC ruled that Sefton Council should not have frozen 2011/2012 payment levels to elderly people in care in the borough, and that it did not pay due regard to the actual cost of care in making its unilateral decision. He directed Sefton Council to enter into consultation with local care homes, and to reassess care payments for the 2011/2012 financial year and establish the actual cost of care by which care fee rates could be set.

But Sefton council says it will freeze care fees retro- spectively, and for the 2012/13 financial year as well meaning that care fees have been static despite the Retail Prices Index rising nearly 12% in the three years since care fees were last increased. Sefton Care Association, which represents a large proportion of care homes in the borough, says the implications are massive not just locally, but potentially nationally as a care-fee-freeze precedent has been effectively set, with local authorities likely to stump up the cost of more Judicial Reviews rather than find the cash to increase care fees. Legal bills for a Judicial Review are a fraction of the shortfall in care fees. Council officers have also told care home owners that an independent report into the cost of care in Sefton, commissioned by Sefton Care Association and carried out by highly-respected research organisation Laing & Buisson, was deficient and that council officials questioned the significance and reliability of the report.

Jubilee Weekend - 2nd to 5th June

So many members are looking forward to the diamond Jubilee and particularly The Big Lunch on Sunday 3rd June. Thanks for sending your updates and yes, wed love to see your pictures of the day! Its not too late to get involved: find out more and get a starter pack at the website here.

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National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk The following is taken from the BBC website.

State-funded elderly care declining, Labour figures suggest

The number of elderly people in England getting council-funded care has fallen by 11% in the last two years, figures obtained by Labour suggest. Freedom of Information responses from 121 councils showed they provided free care to 59,056 over 65s in 2011-12, down from 66,342 in 2009-10. The drop comes despite the rise in over-65s due to the ageing population. Campaigners said it proved the system needed urgent reform - something ministers say they are looking to do. Labour asked all 153 councils that have responsibility for providing free care at home and in care homes a series of FOI questions. Responses were received from around 80% (121) of local authorities. Not all councils could provide data for the current 2012-13 year, but the figures from those that did suggested the rate of decrease was accelerating. Cost of care rising It is already well-known that councils have been struggling to provide enough care because of the ageing population and the squeeze on their budgets. Many have responded by tightening their eligibility criteria, so that only those with the most severe needs qualify for care in the first place. The fall in the numbers getting council-funded support shows what impact the changes to eligibility have had. Labour also asked how much councils charged people who paid for their own care; only those with assets of below 14,250 get all their help paid for. The data showed that average fees were rising and now stood at 13.61 an hour for home care, and that the number of councils capping the amount a person has to pay has reduced in recent years. Continues on page 5

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National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk

State-funded elderly care declining, Labour figures suggest

(continued from previous page) Liz Kendall, shadow minister for care and older people, said: These services are a lifeline for older people and crucial to help them stay living independently in their own homes. The government is out of touch with the growing care crisis.

Fewer people are actually getting the care they that they need, and those that are are having to pay more for it Richard Humphries Social-care expert at the Kings Fund

recommendations of the Dilnot commission, which last year said people should pay no more than 35,000 in their lifetime, towards their care costs.

Richard Humphries, an expert in social care at health think-tank the Kings Fund, told the BBC the figures came as no surprise to him. We have known for some time that although we face a burgeoning rise in numbers of older and younger people with disabilities that need care, the amount of resources that this government and the previous one have put in, has not kept pace with that. The result is that [some] councils are responding... by putting up charges, and most actually rationing care much more tightly. Fewer people are actually getting the care they that they need, and those that are and having to pay more for it, he added. He believes all eyes are on the government, to see whether it enacts the

Councillor David Rogers, of the Local Government Association, agrees that urgent reform of how care is provided to our rapidly ageing population is essential, otherwise the situation is going to get much worse. An average of 40 percent of council budgets is being spent on this issue, and in some cases it is 60 percent. Thats actually on a very small proportion of the population and has a big impact on the other services we can provide, he added. Care Services minister Paul Burstow said a White Paper would be published soon on how the government planned to reform social care. He added: We are working hard to secure cross-party agreement to find a sustainable long-term solution on social care funding.
BBC website: 16th May 2012

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National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk

National Care Association Regional Seminars

Next up: Liverpool! On Thursday 28th June we will be at Lee Park Golf Club in Liverpool, and we do hope that you will be able to join us. You can look at the agenda on our website here. National Care Association continues to aim to be Informative, Campaigning and Useful for all our members so by attending one of our seminars you can also learn about some of the range of products and services we have negotiated on your behalf

At the end of June, we are doing back to back seminars and following our day in Liverpool, we will be in Beverley on Friday 29th June. The venue is the Lairgate Hotel. Please phone to book on 020 7831 7090 or download the booking form from our events page. The seminar will be a great opportunity to hear the latest news about social care and also a chance to meet home owners and managers in the area and share your own views and experiences.

If you booked for our Swindon seminar in May, you will have heard from us already, confirming the event for several reaons (including the publication of a White Paper in June) will take place instead on Tuesday, 24th July. The venue is the same, Holiday Inn Express (Swindon West). Sheila and Nadra will both be attending and they do hope that you are able to join us. As for all our seminars this year, the cost is 25 for members (normally 40) and the day starts at 9.30am. A lot of ground will be covered, the agenda and Nadras invitation letter are available on our website (click here).
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National Care Association Update

t: 020 7831 7090 f: 020 7831 7040 e: info@nationalcareassociation.org.uk

GATHERING EVIDENCE WORKSHOPS

Our workshops address everything you must know about gathering evidence for the 16 Essential Standards. Trisha King has 100 percent positive feedback so far this year for these courses! Two of our members this week have booked her for sessions at their care home attended only by their own staff. Its one way to attend these workshops. If you dont have enough staff to make that cost effective, you can still enjoy the convenience of having Trisha at your home by allowing us to invite a handful more students. All you need to provide is a room that could hold 6-12 people. Otherwise look out for future workshops - and let us know youd like us to come to your area! NEXT WORKSHOP Bournemouth 23rd May (only 1 place left)

working in conjuction with

What are the standards? What evidence is required? The importance of audits Regulation breakdown

For more details of any of our events, please go to the events page on our website.

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