Hlth19 Attempted eviction of residents from care homes

27 July 2010

Dear 

Request for Information – reference 4356 :

I write further to your email dated 20 July.

1. The number of instances known to CSSIW of attempted eviction or termination of contract against residents' wishes in residential homes across all of Wales (or CSSIW's area of responsibility)

I wrote to you on 20 July following your request for information.  In relation to your first request, I reiterate that I have not found any information that fits this description. The Welsh Assembly Government does not hold this information, so I am unable to provide the information you requested in 1. above

2. The number of instances of institutional abuse of any Leonard Cheshire service user throughout the entirety of Wales (or CSSIW's area of responsibility), together with a summary of the circumstances.

However, I am able to give you some of the information in relation to your second query:

A further breakdown by each care home has not been provided because of the risk of disclosing personal information.

Section 40(2) of the Freedom of Information Act exempts the release of personal information.  While statistical data in itself may not be personal data, it can become personal information where it allows individuals to be recognised. For example, if the statistics showed one case at one establishment where CSSIW took action, it is likely to be possible for the individuals concerned to be identified, by at least some members of the local community. This would breach the Data Protection Act. We have looked closely at the statistical figures requested and come to the view that, in some cases, it may be possible for individuals to be recognised as some of the numbers are low.  As such we are providing the figures on an all Wales basis.

There are 4 Leonard Cheshire homes in Wales which adult protection issues have been recorded during the period 01/04/02 to 22/07/10

These are:

Name of care home
Dan Y Bryn Cheshire Home (Radyr)
Cartref Dyffryn Ceiriog Cheshire Home (Dolywern)
Eithinog Leonard Cheshire Disability
Coomb Cheshire Care Home (deregistered 29/10/2009)

Total number of protection issues. 36

Outcomes:

Of the 36 protection issues recorded the following outcomes are also recorded:

3   Local resolution
3   Adult Protection Inappropriate
5   Adult Protection Inconclusive
18   Adult Protection No Action taken by CSSIW
3   No Action Taken by CSSIW
4   Adult Protection Action taken by CSSIW

Any information released under the Freedom of Information Act 2000 or Environmental Information Regulations 2004 will be listed in the Assembly Government’s Disclosure Log (at www.information.wales.gov.uk).

If you believe that I have not followed the relevant laws, please contact me to request a first stage review.  If, after that, you are still not satisfied you may request a second stage review by the Assembly Government.  When dealing with any concerns, we will follow the Assembly Government’s Code of Practice on Complaints which is available on the Internet at www.wales.gov.uk or by post.

You also have the right to complain to the Information Commissioner.  Normally, however, you should pursue the matter through our internal procedure before you complain to the Information Commissioner.  The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545 745
Fax: 01625 524 510
Email: enquiries@ico.gsi.gov.uk

Also, if you think that there has been maladministration in dealing with your request then you may make a complaint to the Public Services Ombudsman for Wales who can be contacted at:
Public Services Ombudsman for Wales
Ffordd yr Hen Gae
Pencoed
Bridgend
CF35 5LJ
Tel: 0845 601 0987

Yours Sincerely

Jonathan Corbett
Assistant Chief Inspector


20 July 2010

Dear

Request for Information – reference 4356
   
Thank you for your request which I received on 28 June 2010. You asked for:
   
1) Please supply information relating to the incidence of attempts by care providers to evict residents in care homes - that is, care providers giving residents notice to leave or otherwise attempting to get them to leave without their involvement in the decision or against their wishes.
   
    Please indicate the number of cases you are aware of for the last 3 years, also indicating if and how your organisation responded to the situation, and what was the ultimate result of the situation, i.e. if and how the situation was resolved.

I have not found any information that fits this description. If you send me further more specific details of the information you want I will look again.

    2) Please provide me with the number of instances your council is aware of where either the regulator or local authority safeguarding procedures have substantiated allegations of institutional abuse of a Leonard Cheshire social care service user over the past 3 years.
   
    Further, please provide anonymised information on the alleged behaviour by Leonard Cheshire resulting in the conclusion.

I have not found any information that fits this description.  However, I believe that the local authority in which the relevant Leonard Cheshire service is located may hold the information which you are seeking. You can ask the relevant local authority for the information or I can transfer your request to them, if you provide further specific details about the service you are referring to. Please inform me in writing and provide the additional information requested if you would like me to transfer your request .

If you believe that I have not followed the relevant laws, or you are unhappy with this response, please contact me to request a first stage review. If, after that, you are still not satisfied you may request a second stage review by the Assembly Government. When dealing with any concerns, we will follow the Assembly Government’s Code of Practice on Complaints which is available on the Internet at www.wales.gov.uk or by post

Following that, if you are still dissatisfied with the response to your request you will have the right to complain to the Information Commissioner. The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545 745
Fax: 01625 524 510
Email: enquiries@ico.gsi.gov.uk

Also, if you think that there has been maladministration in dealing with your request then you may make a complaint to the Public Services Ombudsman for Wales who can be contacted at:
Public Services Ombudsman for Wales
Ffordd yr Hen Gae
Pencoed
Bridgend
CF35 5LJ

Please let me know if this is not an accurate description of the information you have requested.

Yours sincerely

Jonathan Corbett
Assistant Chief Inspector