| 'Cotton Wool Approach' to Care Must Go |
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Investigative journalist Donal MacIntyre is spearheading a campaign to bring in new laws which would make neglect of people with a learning disability in care homes a crime.
Investigative journalist Donal MacIntyre is spearheading a campaign to create a new law to protect vulnerable adults in care. At a seminar attended by people with a learning disability, carers, legal experts and representatives from learning disability organisations, a majority vote called for a new criminal law to protect older and disabled people from institutional neglect. The event was chaired by filmmaker and criminologist Roger Graef, who produced the recent MacIntyre UK Undercover series on Channel Five for Films of Record. Who cares for Granny? and Who cares for Gary? investigated care standards in homes for older people and adults with a learning disability. The films showed how widespread and routine institutional neglect and abuse has become for many vulnerable people. Representatives from the National Care Standards Commission (NCSC) who were present said they accepted there was a culture in many care homes where people with a learning disability were treated like second class citizens. But John Paul Maytum from the NCSC, in defending the Commission's record said, "We are not the only people who should be looking at these concerns. Councils and the medical profession should be monitoring whether the homes are delivering what they should." Annie Stephens of Help the Aged said there were risks with creating new laws. She believed the core problem was that the Human Rights Act was not being used enough. But Dr Jean Collins, Director of Values into Action, said changing attitudes was at the root of the problem. She said time and again the law does not protect people with a learning disability. The Crime & Disorder Act could be used to convict but wasn't. She said there needed to be an arrestable offence with more appropriate sentencing. Brenda Rowley, mother of Malcolm, was also present at the seminar. Malcolm, who had profound and multiple learning disabilities, died after being left to drown in a bath whilst in care. Brenda said she had tried everything to get justice for Malcolm. She had seen 11 solicitors, the police and the Crown Prosecution Service. All had said the case could not be won because the neglect wasn't severe enough. Recounting the recent Victoria Climbie case as a ‘national scandal' Lord Allan Levy QC, said an existing American law protecting older people and dependent adults could be used as an appropriate tool to protect against the neglect, abandonment and mental suffering of vulnerable adults in the UK. "I think what is called for is a focus and an act of parliament that concentrates on the abuse of dependent adults," he said. But all agreed that a campaign to fight institutional abuse and neglect was needed. David Congdon, Mencap's Head of External Relations, said, "Even the creation of the new Commission for Social Care Inspection will not change anything unless there is a specific criminal law brought in to tackle this problem." Donal MacIntyre made a personal plea to everyone present at the seminar to make a joint appeal to the Government to address concerns about care standards. "It is up to bodies like the NCSC and social services to be a little angrier and upset and to ask the right questions and get the right answers," he said. "At the moment there seems to be a cotton wool approach to inspections and a culture of watching your back when inspectors are around." Key points
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