7. Memorandum submitted by the English
Community Care Association
The English Community Care Association (ECCA),
the largest representative body for community care in England,
welcomes the opportunity to respond to the Government's Draft
Corporate Manslaughter Bill.
Members of ECCA are drawn from the independent sector
and represent a host of organisations of varying types and sizes
that have cumulatively invested £5 billion over the last
20 years. Membership of ECCA encompasses a vast range of care
home providers including single care homes, small local groups,
national providers and not for profit voluntary organisations
and associations. Members provide a variety of services for individuals
and families, including older people and people with long term
conditions, learning disabilities or mental health problems.
The political, economic and social landscape
is expanding and there are many new challenges for the future.
ECCA welcomes change and responds to challenges. It supports many
of the innovate standards calculated to improve the quality of
life, care and comfort of service users.
ECCA is not a protectionist body and is not
afraid to condemn care homes or services that do not subscribe
to the law, are sub-standard, or do not want to change in accordance
with the needs and desires of citizens. ECCA does however call
for fairness.
Given that the Bill will apply to those managing
and running services it should apply equally to those commissioning
and resourcing them and inspecting care. In its current state
there is a danger that the Bill will single out people who cannot
have day to day control over every aspect of care that is delivered
and could end in a witch hunt.
Members of ECCA strive to provide high quality care
at all times and have an unconditional commitment to the eradication
of abuse. Members aim to ensure that standards measure up to external
scrutiny and that policies and procedures are up to date and take
account of changes in law and practice. However members should
not have to shoulder the responsibility for actions brought about
by commissioning. Commissioners need to be trained and subject
to the same checks and balances as providers.
On the one hand the Green Paper on Adult Social
Care (Independent, Choice and Well Being) encourages the sector
to take more risks in order to be innovative and provide dynamic
care solutions, but on the other hand the Draft Corporate Manslaughter
Bill gives providers reasons to resist such risks. There is a
fine balance to strike in order to ensure that residents, and
those in receipt of care, have the best care available and that
providers of care have the flexibility and funding to deliver
it.
In response to the forthcoming legislation ECCA
has entered into a partnership with the Centre for Hazard and
Risk Management at Loughborough University. Members are able to
take part in a series of risk management courses and make them
more aware of the hazards, risks and implications.
17 June 2005
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