Market Failure Policy Document Control Document Ref: MPS 2015 Date Created: Version: 1.1 Date Modified: Revision due March 2018 Author: Karen Felgate Owning Service Care Commissioning Housing and Safeguarind Equality Impact Assessment: (EIA) Date undertaken: 18/3/15 Issues (if any): None 18/3/15 Sign & Date: Change History Version Date 1 18/3/15 2 7/4/15 3 Description Format Changes Change ID Contents 1. Purpose ............................................................................................................................... 3 2. Applicability .......................................................................................................................... 3 3. Background.......................................................................................................................... 3 4. Market Oversight.................................................................................................................. 4 5. Service Interruptions other than Market Failure ................................................................... 4 6. Planned Closure of a Service .............................................................................................. 5 7. Enforced Closure of a Service ............................................................................................. 7 8. Emergency Closure of a Care Home Provider ..................................................................... 8 9. CQC Enforcement Action..................................................................................................... 8 10. Care Home Closure in another local authority area ............................................................. 9 11. Implementation .................................................................................................................... 9 12. Roles and Responsibilities ................................................................................................... 9 13. Failure to comply with this Policy ....................................................................................... 10 14. Review ............................................................................................................................... 10 Glossary ..................................................................................................................................... 11 Other Relevant Documentation ........................................................................................................ 11 Appendices 1 2 3 Early Warning System Provider Failure Flowchart Care Home Emergency Plan Page 2 Version *.* * Policy Dated: * 1. Purpose 1.1 The purpose of this policy is to set out the roles and responsibilities of West Berkshire Council in the event of Market Failure in an Adult Social Care service. This includes having good knowledge of the provider market in this area, offering assistance to a provider if it is facing closure and what happens when a provider closes. The document contains procedures covering the areas of responsibility for the Council, which are set out below. 1.2 The Care Act Programme Board have approved the Market Failure Policy. 2. Applicability 2 . 1 This Policy applies to all providers of social care services (community, domicilary, care homes, nursding homes etc.) to residents of West Berkshire. 3. Background 3.1 Provider failure occurs when a provider is unable to exercise its normal day-to-day duties, due to a specific set of circumstances, such as; the appointment of an administrator a receiver is appointed a winding up order is made an application for bankruptcy is submitted the charity trustees of the provider become unable to pay their debts force majeur Care Quality and Safeguarding issues 3.2 The Care Act 2014 outlines a specific set of duties that local authorities should exercise in the event of provider failure: Market oversight – Local authorities should understand how providers in their area are coping with the current trading conditions through discussions with the providers themselves. Authorities can achieve this without the collection of detailed financial metrics, accounts and business plans that CQC might utilise in respect of the major corporate providers in the regime. The business failure of providers outside the CQC regime will be on a smaller scale, usually with lesser impact, and local authorities should take a proportionate approach to anticipating or getting early warning of business failure. Response to planned closures of providers - the actions that will be taken if the Council is given sufficient notice of three to six months that a provider is going to close. This may also include ongoing issues with regard to safeguarding and care quality which could result in notice being served and the service being wound up. Response to emergency closure of providers - this includes market closure, cancellation of a registration through Care Quality Commission (CQC) enforcement action, management/staffing changes, fire and flood. “Temporary duty” or “duty” means the duty on local authorities to meet needs in the case of business failure. “Temporary” means the duty continues for as long as the local authority considers it necessary. The temporary duty applies regardless of Page 3 Version *.* * Policy Dated: * whether a person is ordinarily resident in the local authority area. The duty applies from the moment the authority becomes aware of the business failure. 3.3 The following sections cover the arrangements that are in place and the steps that will be taken in response to an event occurring. 4. Market Oversight 4.1 West Berkshire Council works with care providers continually as part of its core business. The Council will ensure that it has a good understanding of the market in its area and will be aware quickly when a provider is facing some form of difficulties that may affect its viability to continue delivering a service. 4.2 West Berkshire Council has both a proactive and reactive role when working with providers. The Council will be proactive to help anticipate and if appropriate work with a provider to prevent or delay closure. The Council will share concerns it has about a provider with other relevant organisations such as Clinical Commissioning Groups (CCG’S). 4.3 West Berkshire service providers are required to have a business continuity plan in place. The providers are required to supply West Berkshire Council copies of their business continuity plans as set out in their contract. 4.4 The proactive element of the work will be led by Care Commissioning Housing and Safeguarding in conjunction with the Head of Adult Social Care which includes the Quality Assurance and Service Improvement team (Care Quality) and the Contracts and Commissioning team who procure the services. 4.5 The Council will gather intelligence and information on providers and will share this with relevant stakeholders as appropriate. 4.6 The Care Quality Team receives a regular list of latest inspections across the South East. The Care Quality team will check these reports to ascertain whether any providers are reported overall as ‘improvements ‘required’ or are ‘inadequate’. This list will then be sent to the Safeguarding Manager and the Contracts and Commissioning team for action. Please see Appendix 1 flowchart which outlines this process in more detail. All new providers will be subject to a financial and quality assurance check before becoming a West Berkshire Council care provider. 4.7 All staff in Care Commissioning Housing and Safeguarding and Adult Social Care have a responsibility to identify early warning signs in regards to a provider failure. Appendix 2 sets out the procedure to be undertaken in the event of market failure. 5. Service Interruptions other than Market Failure 5.1 If a provider has not failed, it is primarily the provider’s responsibility to meet the needs of individuals receiving care in accordance with its contractual liabilities. West Page 4 Version *.* * Policy Dated: * Berkshire Council will support providers to ensure that care is maintained in accordance with care plans. 5.2 The responsible Heads of Service for Adult Social Care and Care Commissioning Housing and Safeguarding (CCHS) will use their own judgement to assess the level of seriousness of each situation and therefore how these procedures and protocols should be applied. 5.3 West Berkshire Council is responsible for ensuring that if care provision fails, people continue to receive the care and support they receive, regardless of who funds their care. Sections 18 and 20 of the Care Act set out when a local authority must meet a person’s eligible needs. 5.4 Section 19(3) permits a local authority to meet needs which appear to it to be urgent. This is likely to be the case in many situations where services are interrupted but business failure is not the cause. 5.5 Further to the Council’s statutory social services functions, duties and powers, the Council may, and sometimes must, make provision to meet the needs of persons in their area who have eligible social care needs and to safeguard adults at risk of harm. 5.6 The Council will seek to minimise the disruption to the people receiving care. The Council will aim to provide as similar a service as is possible, whist recognising that the Council has discretion about how those needs will be met and it may not be possible or necessary to arrange for the exact same combination of services that were previously supplied. 5.7 In deciding how an individual’s needs will be met, the Council will involve the person concerned, and carer that the person has, or anyone the person asks the authority to involve. If the individual lacks capacity, or requires support; the Council will involve an IMCA, independent advocate or other agreed representative to support the client through the process 5.8 West Berkshire Council will work with providers on an ongoing basis as part of business as usual to help prevent a provider from closing. This includes providing comprehensive training to staff, planned quality assurance and contract monitoring visits and information sharing at regular Providers Forums to ensure quality of care is maintained 6. Planned Closure of a Service 6.1 Business failure of a major provider is a rare and extreme event and does not automatically equate to the closure of a service. 6.2 Local Authorities are under a temporary duty to meet people’s needs where a provider is unable to continue to carry on the relevant activity in question because of business failure. The duty applies when the provider’s business has failed and as a result a service can no longer be provided. If the providers business has failed but the service continues to be provided then the duty is not triggered. This may happen in insolvency situation where an Administrator is appointed and continues to run the Page 5 Version *.* * Policy Dated: * service. In insolvency situations, the Council will cooperate with the Administrator if requested. 6.3 The duty also applies where a failed provider has been meeting needs in the authority’s area, whether or not the Council has a contract with the provider or if all those affected are self-funders. The duty is in respect of people receiving care by the provider in the local authority area. It does not matter which local authority made the arrangements to provide those services. 6.4 West Berkshire Council has a good understanding of the provider market in its area and how providers are performing. As a result of this knowledge and understanding, the Council is in a position to know if a provider might be facing closure and how it can assist a provider in this scenario. 6.5 In the event that a service is planned to close the Head of Care Commissioning Housing and Safeguarding, in conjunction with the Head of Adult Social Care, will nominate a Senior Manager to oversee and coordinate the closure process with the provider. 6.6 A planned closure of a residential, nursing or domiciliary care provider will need to take the following into account: Consultation with families and residents in conjunction with other organisations such as CCG’s An options appraisal for each resident. This will be carried out by Care Management. A new assessment of residents will need to be undertaken to understand their current needs such as their links to community and family. Consideration will need to be made whether family or local community can assist with care provision 6.7 The provider will be responsible for ensuring West Berkshire Council receives a list of all relevant properties and individuals within those properties containing relevant information about each client. Should the provider refuse to co-operate CQC have legal right to request this information. 6.8 Residents consent for transfer of information and records will be obtained. If the person does not have capacity then an Independent Mental Capacity Advocate or other suitable representative will be used 6.9 The Care Manager who carried out the assessment should make a list of the client’s needs which will include medical arrangements, GP, equipment, aids, finances and arrangements for packing. 6.10 In working with residents, the Council will use its understanding of the local market and the supply of other suitable accommodation available and their cost. 6.11 The Contracts and Commissioning Team will be responsible for sourcing vacancies for clients. 6.12 Date of transfer will be confirmed in writing with the new provider, the client, their family and the closing home. Page 6 Version *.* * Policy Dated: * 6.13 Following a transfer, a review should be held within 6 months by the Care Manager to ensure the Care Plan is meeting existing needs 7. Enforced Closure of a Service 7.1 The enforced closure of a service may occur for a number of reasons including cancellation of a registration through Care Quality Commission (CQC) enforcement action, management/staffing changes, fire or flood. In such an event the Council will take the following actions. 7.2 A strategy meeting will be convened to understand all relevant information to enable the Council to carry out an initial risk assessment. The strategy meeting will include Contracts and Commissioning, Care Quality, Safeguarding. Health and CQC will also attend as required. 7.3 A contingency plan will be drawn up by West Berkshire Council. The plan will consist of a proposed plan following the cessation of the service should the provider agree to a managed transfer and an alternative plan should alternative accommodation be required for the clients affected. 7.4 The outcome of enforcement action by CQC will be passed to the Head of Care Commissioning, Housing & Safeguarding. When CQC make the decision that an application for the cancellation of registration is to be made to the court or other urgent action is taken, the Head of Service should be informed. 7.5 The Head of Service for Care Commissioning Housing and Safeguarding in conjunction with the Head of Adult Social Care must agree funding to be made available during the managed period. West Berkshire Council may seek to recoup costs from the provider. 7.6 A senior manager will always be nominated as the lead officer. The senior manager will carry out a risk assessment in relation to: Maintaining the existing service Staffing needs Clients’ needs 7.7 The senior manager will work in conjunction with Care Management, Contracts and Commissioning and Care Quality to ensure that suitable alternative provision is sought for clients. 7.8 In working with residents, the Council will use its understanding of the local market and the supply of other suitable accommodation available and their cost. 7.9 Residents consent for transfer of information and records will be obtained. If the person does not have capacity then an IMCA or other suitable advocate will be sought. 7.10 The Care Manager who carried out the assessment should make a list of the individuals needs which will include medical arrangements, GP, equipment, aids, finances and arrangements for packing. Page 7 Version *.* * Policy Dated: * 7.11 The contracts and Commissioning Team will be responsible for sourcing vacancies for clients. 7.12 The date of transfer will be confirmed in writing with the new provider, client, family and the closing home. 7.13 Following a transfer a review should be held within 6 months by the Care Manager to identify the Care Plan is meeting existing needs 8. Emergency Closure of a Care Home Provider 8.1 This covers processes and procedures that will need to be followed in the eventuality that a care home provider closes as a result of a civil emergency (for example a fire or a flood). 8.2 The Corporate Director, the relevant CCG lead if applicable and the Portfolio Member must be alerted that the provider is closing as a result of an emergency. 8.3 West Berkshire Council will be responsible for overseeing and coordinating the response to an emergency closure of a care home provider. This will be done by Care Commissioning Housing and Safeguarding in conjunction with the Civil Contingencies team. 8.4 Appendix 3 sets out the procedure for the emergency closure of a Care Home in more detail. 9. CQC Enforcement Action. 9.1 From April 2015, the financial “health” of certain care and support providers will become subject to monitoring by CQC. The Care and Support (Market Oversight Criteria) Regulations 2014 set out the entry criteria for a provider to fall within the regime. These are intended to be providers which, because of their size, geographic concentration or other factors, would be difficult for one or more local authorities to replace, and therefore where additional national oversight is required. CQC will determine which providers satisfy the criteria. 9.2 Delivery of CQC market oversight role will include: monitoring financial sustainability and assessing the likelihood of business failure of difficult-to-replace adult social care provider organisations. identifying and responding to risks in respect of financial sustainability. providing early warnings of business failure to local authorities. assisting in coordinating a response in the event of business failure. 9.3 The West Berkshire Council Care Quality Team will maintain a relationship with the Care Quality Commission (CQC) with a view to early warnings where provider compliance issues may lead to CQC enforcement action or threaten the ongoing operation of the CQC regulated service. Page 8 Version *.* * Policy Dated: * 9.4 When CQC state intention to take enforcement action that will lead to a service ceasing to operate on a permanent or temporary basis a notification should be made to West Berkshire Council Head of Care Commissioning Housing and Safeguarding who will appoint a senior manager to manage the process. 9.5 Where the provider is subject to the CQC oversight regime, the Council will work with the CQC to develop a remedial action plan. 9.6 There maybe an interim period that needs to be managed pending the resettlement of residents into alternative accommodation, or the sourcing of a new registered care provider (where registration is temporary suspended) during the resolution of the non compliance issues. 10. Care Home Closure in another local authority area 10.1 In the event that West Berkshire Council is notified by another local authority that a provider in their area is closing, and the Council has individuals placed with that provider (either funded by the Council or a self funder) then the Head of Care Commissioning Housing and Safeguarding will nominate a senior manager to be involved in the coordination of that closure process. 10.2 West Berkshire Council will cooperate with the host local authority and attend all relevant meetings in relation to the closure. 10.3 Equally if a provider closes within West Berkshire geographical boundaries and other local authorities or health providers have funded or self funded clients in that property, West Berkshire Council will inform other funding authorities or the individual that the provider is closing. 11. Implementation 11.1 This Policy will be supported and implemented by the development and publication of Standards (requirements), Procedures (how to) and Guidance (advice). 12. Roles and Responsibilities 12.1 The overall responsibility for the Market Failure Policy within West Berkshire Council rests with the Head of Care Commissioning, Housing and Safeguarding. 12.2 West Berkshire Council has established a Care Quality Board which includes health and CQC and other relevant stakeholders to support the Market Failure framework and periodically review the Market Failure Policy. 12.3 The responsibility for day-to-day management of Market Failure throughout West Berkshire Council rests with the Head of Care Commissioning Housing and Safeguarding in conjunction with the Head of Adult Social Care; they are also responsible for maintaining this Policy, for reviewing all other related policies and procedures and for providing advice and guidance on their implementation. 12.4 All relevant managers and staff in Adult Social Care and Care Commissioning, Housing & Safeguarding are responsible for ensuring that this policy is fully complied with. Page 9 Version *.* * Policy Dated: * 13. Failure to comply with this Policy 13.1 This document provides staff and others with essential information regarding Market Failure and sets out conditions to be followed. It is the responsibility of all to whom this Policy document applies to adhere to these conditions. Failure to do so may result in the disciplinary processes being invoked. 14. Review 14.1 This policy will be reviewed to respond to any changes and at least every 3 years. 14.2 The Service responsible for reviewing and maintaining this Policy is Care Commissioning Housing and Safeguarding. Page 10 Version *.* * Policy Dated: * Glossary ASC CCG CQ CQC CCH&S IMCA Adult Social Care Clinical Commissioning Group Care Quality Care Quality Commission Care Commissioning Housing and Safeguarding Independent Mental Capacity Advocate Other Relevant Documentation 14.3 Other procedures/legislation and good practice guidance which has a bearing on this work include: Care Act 2014 Safeguarding Adults, ‘A framework for the protection of vulnerable adults from abuse’ CQC The stability of the Adult Social Care Market and Market Oversight in England February 2014 CQC standards: Outcome 7, Safeguarding people who use services from abuse and Outcome 6, Cooperating with other providers within CQC’s essential standards for safety and quality. Health and Social Care Act 2008 and CQC enforcement policy Page 11 Version *.* * Policy Dated: * Appendix 1 Early Warning System Caution List received by email from neighbouring Local Authorities CQC Report received by email Saved at: I:\Care Commissioning, Housing and Safeguarding\Quality Assurance & Service Improvement\Care Quality\Cautions lists West Berkshire Council has placements with provider No one placed No Action List emailed to Adult Care Managers asking providers to ensure service users are reviewed and any concerns fed back. No Concerns No Action Concerns about provider Visit by relevant Care Manager Visit by Care Quality Officers Appendix 2 (Insert setting’s name) Care Home Emergency Plan Appendix 3 CARE HOME PLAN Version: 1.0 Date: February 2013 Author: 1 (Insert setting’s name) Care Home Emergency Plan Document Control Information Title: Emergency plan for xxxxx Care Home Plan Number: Each printed copy of the plan should have a unique number inserted here. Date: February 2013 Version: 1.0 Classification: Internal to Care and Residential Homes Authors: Brett Dyson, Reading Borough Council, Justin Patient, Reading Borough Council Peter Stuart, Wokingham Borough Council Quality Assurance: Elizabeth Standing, Wokingham Borough Council CQC registration number:_______________________ Version DATE Draft January 2013 1.0 February 2013 DESCRIPTION Draft Additions by Berkshire EPO’s Approvals Title Name Signature Date Audit/Plan Reviews Date: © Berkshire Emergency Planning Group. The Plan is licensed and may be used by any residential/care home in Berkshire but this copyright notice must be maintained on all copies. 2 (Insert setting’s name) Care Home Emergency Plan Contents What to do in an emergency – Ensure the safety of staff, residents and guests ........................ 7 External contacts ....................................................................................................................... 9 Add contacts, names and phone numbers that may be of use during an emergency ................ 9 Communication Lines .............................................................................................................. 10 Mobile phones that can be used as communication lines ........................................................ 10 Emergency Response Team ................................................................................................... 10 Incident manager 10 Staff and residents welfare Finance and insurance Procurement and suppliers 10 11 11 Incident/Operations Log ........................................................................................................... 12 1 Introduction ........................................................................................................................ 13 2 Objectives of the Emergency Plan ..................................................................................... 13 3 Inventory ............................................................................................................................ 13 4 Actions/Systems to prevent an emergency from occurring ................................................ 13 5 Actions to be taken in advance of an emergency to reduce its impact ............................... 13 6 Plan for - Loss of Staff ....................................................................................................... 14 7 Plan for – Missing Person .................................................................................................. 14 Missing Person Procedure 14 8 Plan for – Incident off-site .................................................................................................. 15 9 Plan for – Infectious Disease Outbreak .............................................................................. 15 10 Plan for - Loss of Utilities ................................................................................................... 16 11 Plan for - Denial of Access ................................................................................................. 17 12 Nursing Home Evacuation ................................................................................................. 17 13 Plan for - Loss of IT/Phones............................................................................................... 18 14 Plan for – Low or loss of Stock........................................................................................... 18 15 Plan for – Loss of service by External Suppliers ................................................................ 18 16 Plan for – Severe Weather ................................................................................................. 19 17 Maps and Plans ................................................................................................................. 19 3 (Insert setting’s name) Care Home Emergency Plan 18 Circulation List ................................................................................................................... 20 19 Plan Testing / Real Incidents ............................................................................................. 20 20 Emergency Kits .................................................................................................................. 20 21 Copies of all supporting documents ................................................................................... 21 22 Lockdown Guidance .......................................................................................................... 21 22.1 Introduction 21 22.2 Purpose and Scope 21 22.3 Duties and Responsibilities 21 22.4 Types of Lockdown 22 22.5 Procedure 23 22.6 Approval, Ratification and Review Process Site Profile Template 25 Building Profile Template 26 Security Profile Template 27 Staff Action Card Template 28 24 4 (Insert setting’s name) Care Home Emergency Plan Care Quality Commission People who use services benefit from a service that: Wherever it is required, has in place a planned and prepared response to major incident and emergency situations. This prepared response should include arrangements for sharing information with other providers, provision of mutual aid and arrangements for engagement with appropriate emergency planning and civil resilience partners across the local area. Is aware of and has arrangements in place to respond to any requirements made of the provider by the Civil Contingencies Act 2004. In partnership, practises, monitors and reviews all of the plans that are in place. Please Note This document is made up of three sections the first dealing with the all important initial call, communications and the formation of the Emergency Response Team. The second section addresses the number of issues that need to be planned for and the final section dealing with lockdown guidance and procedures. 5 (Insert setting’s name) Care Home Emergency Plan Where the reader finds that the text has been highlighted in blue the detail referred to should be entered to personalise this plan to the particular care home that it will cover. 6 What to do in an emergency – Ensure the safety of staff, residents and guests Have as much of this information ready beforehand as you possibly can Your name ........................................................... IN AN EMERGENCY Who to call 1. Call 999 Facility name ........................................................ Type of home ....................................................... Telephone number you are calling from ............................................................................. 2. Form Emergency Response Team Contact Manager ........................................................................ Return telephone number (See page 3) ............................................................................. Inform Local Authority – Adult Services request information be passed to LA comms team What has happened? ........................................................................ ............................................................................. ........................................................................ ............................................................................. ........................................................................ ............................................................................. ........................................................................ ........................................................................ ............................................................................. Add any other contact details that may be To whom? relevant to your business profile. ............................................................................. Where? ............................................................................. When? ............................................................................. Numbers of those affected or injured ............................................................................. Location of those affected ............................................................................. Whether or not there is a continuing danger ............................................................................. What has happened since? ............................................................................. ............................................................................. ............................................................................. Which emergency services are involved? ............................................................................. 7 ............................................................................. ............................................................................. 8 External contacts Add contacts, names and phone numbers that may be of use during an emergency Local authority emergency number Local authority Emergency Planning Local authority contact number Adult Services 24 hour contact Local Authority Commissioning Group contact Health and Safety Executive - to report accidents 0845 300 9923 Health and Safety Executive - Infoline 0845 345 0055 The Samaritans Insurance company (Policy No: Water supplier Gas supplier Electricity supplier Telecom provider Broadband provider IT support Out of hours medicine replacement Contractors: 08457 909090 ) Heating Electrical Internal and external Maintenance Glazing Emergency power supplier Thames Valley Police Royal Berkshire Fire Brigade South Central Ambulance Service NHS Trust (SCAS) Royal Berkshire Hospital Wexham Park Hospital Health Protection Unit Health Protection Unit (Out of Hours) Buddy establishments 101 0118 945 2888 0118 936 5500 0118 322 5111 01753 633000 0845 279 9879 0870 238 5155 9 Communication Lines In an emergency situation use the general care home telephone number to immediately call for help. Do not use it as a number for return phone calls from the emergency services. This number will soon get jammed as news spreads. Mobile phones are more appropriate because you may need to evacuate the area near the landlines. If possible decide to allocate staff mobile phones for communication with the Emergency Services, Next of Kin, and people in major roles within the Setting Emergency Response Team in advance. Write these in the table overleaf. If the allocated phone is not readily available at the time of the incident, obtain another one (remember many residents have phones as well as staff) and write the number in the space provided. The number of mobile phones needed depends on the scale of the incident; however, always have two available to communicate with both the Emergency Services This will help to restore the care home back to normal as quickly and efficiently as possible. Mobile phones that can be used as communication lines Phones designated in advance Phone for Number Owner phone Phones designated at time of incident Number Owner of phone Fill in columns 1 and 2 with the phone number of mobiles that would be available to your Setting Emergency Response Team at the time of an incident. If these are not available when an incident occurs, borrow some other mobile phones and fill in their numbers for your reference, that way you can easily give out a return telephone number when/if the need arises. Emergency Response Team In a large scale incident a small team may need to be formed to manage/supervise various aspects of the emergency. The following tasks need to be considered: Incident manager The senior member of staff on duty at the time of the incident should take charge of the incident and should act as the directing mind on behalf of the organisation. Staff and residents welfare One or two members of staff should be made responsible for all welfare issues and for the supervision of all medicines etc and for the liaison with any next of kin or family members. These individuals should also have access to staff’s next of kin contact details should they be required. 10 Finance and insurance One staff member should me made accountable for all financial outlay and expenditure and to manage all communication with the insurance company. They should work closely with those charged with dealing with procurement and supplies. Procurement and suppliers Liaising with the finance staff member, this member of staff should co-ordinate the purchasing replacement of damaged items or the hiring-in of emergency equipment and power supplies. As time passes some of these tasks can be combined to suit staffing levels. 11 Incident/Operations Log Open and maintain a continuing log of all factual information received, actions taken and the time and date of those events. This is extremely important and will enable your care home to provide detailed information should it be required at a later stage, or if an inquiry or investigation takes place. This can be used for any incident. DATE TIME PERSON DOCUMENTING ACTIONS TAKEN, INFORMATION RECEIVED 12 15. Introduction The aim of this Emergency Plan is to provide effective emergency response arrangements that will ensure the well being and safety of all service users and staff. 16. Objectives of the Emergency Plan The objectives of the Emergency Plan are to: Establish an effective framework of emergency response Maintain high standards of welfare and duty of care arrangements for service users and staff Ensure that actions and decision making during the emergency incident is properly recorded To minimise service disruption to users To facilitate the return to normal working arrangements at the earliest time This care home is reliant upon the following contractors/suppliers: Contractor/supplier name Service provided 17. Inventory It is essential that an inventory is created and maintained containing details of critical items of equipment and those items that are covered by any content insurance. It is recommended that this is reviewed at least three times a year to ensure accuracy. The inventory will prove invaluable should there be an insurance claim and will also greatly assist in obtaining replacements. 18. Actions/Systems to prevent an emergency from occurring List here the control measures that are in place to prevent an emergency occurring in your building/s, e.g.: Fire suppression systems Back up power Back up computer systems etc 19. Actions to be taken in advance of an emergency to reduce its impact List here all things which may make an incident run smoothly, e.g.: All relevant numbers are added to the teams mobile phones Minimum stock levels for a) Food, b) PPE, c) medicines, d) bedding and linen 13 20. Plan for - Loss of Staff Care homes have a heavy reliance upon staff to provide support/care to vulnerable residents. Causes of staff loss can be varied but the consequences are the same. Causes include: Illness Widespread illness/infectious disease Lottery win/syndicate Unable to get to work (snow etc) In this section of the plan you should list all your contingencies for loss of staff. Remember to plan for loss of all grades of staff in the organisation (i.e. managers as well as other staff groups). Consider the following: Are you reliant on a particular member of staff? If so, is there anyone else who can undertake their role if they are away from work? Consider multi-skilling of other staff members and ensure that good succession planning is in place and list it within this section of the plan. What plans are in place to deal with the long term loss of the Manager? Who should be notified? Day to day you will be short of staff due to annual leave or sickness, and it will be normal business to prioritise. If staff were unable to attend work in larger numbers (i.e unable to get to work due to heavy snowfall blocking roads) you may need to reorganise care packages. List the criteria with which you would prioritise the provision of care. List other options for obtaining additional staff (i.e. recruitment agencies, obtaining staff from another care home, cancelling annual leave, changing the duty rota, prioritising staff roles; is this built into job descriptions e.g. domestic to care staff, care staff to cook etc)? 21. Plan for – Missing Person Support staff should always remain vigilant and be aware of any resident(s) who are prone to wandering or who may be at risk of getting lost by reason of their mental state. These situations can occur: Where a resident has not returned from or has got lost during an arranged activity or walk. Where the resident cannot be found within the care home or its grounds and there is no prior knowledge which would explain their absence. If it becomes clear that the resident may be missing it is essential that all staff work as a team and follow a defined procedure. Missing Person Procedure Immediately they suspect that a resident may be missing staff at the care home should follow a routine which includes: A thorough search of the building and its immediate grounds 14 Contact relatives and friends, neighbours and other places where the resident may have gone or where they have been known to visit on a regular basis. If the resident is not located it will be important to raise a wider alarm by contacting the police. In as far as possible provide the police with the following information: Where and when the resident was last seen, and by whom. A general description of the resident including what they were last seen wearing. Any special risk factors involved with that individual. Where appropriate the local authority commissioning team should be contacted as well as the next of kin who should be asked to contact the police should the relative make contact. The Care Home Manager should ensure that the next of kin are regularly updated even if there is no new news. 22. Plan for – Incident off-site Planned trips should be documented with anticipated departure and arrival time, where and for how long the activity will last, and the anticipated return departure and arrival time. The mobile phone number of the activity leader should be known and be readily available should it be required. In the case of a resident or guest going missing on the trip the missing person procedure above should be followed. 23. Plan for – Infectious Disease Outbreak The biggest impact of an infectious disease outbreak for your organisation is likely to be staff loss. Although there is a section above specifically relating to staff loss, the impact of an outbreak on the smooth running of your organisation is likely to be so severe and wide ranging that a separate section is required. The following will need to be considered when managing an appropriate response to an infectious disease outbreak: Keep an eye on the media and in particular the NHS and Health Protection Agency websites as key national messages and guidance will be issued via those routes Keep in contact with your nominated contacts at the local authority. Each local authority emergency planning officer will be coordinating the council’s response to infectious disease alongside Public Health and this will include close engagement/liaison with the Community Care/Care Procurement Teams.Public Health advice can be sought via these routes within the local authority in line with health protection guidance. Hygiene issues– Staff may require additional personal protective equipment such as masks, although these are only likely to be required for aerosol generating procedures involving an infected resident/customer. Shared desk areas may also require increased cleansing regimes. General cleansing regimes may need to be reviewed / increased. Working from home – can any staff work from home in order to reduce the chance of infection spreading? 15 Information for residents’ family members – You will need to consider informing family members of any changed/increased hygiene protocols and any changes to the way that care is being delivered. Posters, letters, emails and other methods of informing family members should be considered Flu vaccinations – residents and staff members may be eligible for flu vaccinations. Management should look into the criteria for such vaccinations and promote them. The local authority may work with the local health agencies to provide flu vaccination clinics. Management should consider promotion of flu vaccinations and keep in close contact with the local authority and health agencies for further advice. 24. Plan for - Loss of Utilities Care homes rely heavily upon electricity, gas and water to maintain appropriate levels of service to their customers. The following issues require a plan in case utilities are lost: Cookers – Even some gas cookers rely on electricity to function. You should have plans to cope with loss of heated food. Obtaining heated food from elsewhere, using gas hobs, or provision of cold food are often suitable contingencies Swipe card door systems – These systems are reliant upon power and often fail to open when the power is lost. Back up power on the door entry systems obviously mitigate this but where back up power is unavailable other options must be planned for in order to minimise the chances of opportunist crime or to prevent harm to residents/customers. This is an especially important issue to consider where the residents suffer from dementia. Placement of staff on entry/exit points is a suitable mitigating contingency in these circumstances. Lifts/Hoists – In the event of power loss these will fail unless back up power is available. Back-up power duration should be documented within your plan, if it is available and contingencies for continuation of service delivery without the use of lifts or hoists should be planned for. Failure of fire alarms, call systems or other safety related equipment Consideration should be given to providing temporary alternative arrangements which can be quickly implemented to ensure the continuous safety of residents. Emergency Lighting Consideration should be given to purchasing wind-up lanterns which can be used to provide a degree of lighting. Cyalume sticks can be used to mark out safe routes An interruption in the following services that last longer than a continuous period of 24 hours must be reported to the Care Quality Commission. Loss of electricity, gas or water Loss of fire alarms, call systems and other safety related equipment The blockage of the sewage system 16 25. Plan for - Denial of Access Care homes rely on the building in order to provide care to its residents. Access to the care home can be denied for many reasons including, but not limited to: Fire within the premises A serious incident adjacent to the premises with the potential to effect the care home (i.e. police or the fire service ask you to evacuate) Serious crime scene Flooding You should have a plan that caters for the total evacuation of your premises for an unspecified period of time (i.e. the next step of your fire evacuation plan which will cater for the longer term) In-house options such as transferring residents to another suitable care home owned by your company, is obviously the easiest option, if it is available but you should also consider transfer of residents to other care homes outside the company. You should ensure that the local authority is aware as soon as an evacuation of this nature occurs. When planning for a full evacuation/decant to another care home you will need to consider transport options, especially out of hours options, as these are likely to be severely reduced. Setting up reciprocal arrangements with other care homes is an excellent contingency. 26. Nursing Home Evacuation Resources/Evacuation What resources/equipment are available to move residents from various floors and without the use of any lifts? Where is this equipment stored? Is there an inventory of this equipment? Are the residents who would need this equipment identified? How are they identified and how is this updated? Are staff trained to use the equipment and how often do they exercise its use? Evacuated Residents destination Do residents have a pre-determined destination to ensure that any medical needs are continued (other nursing home, hospital or temporarily home with their family)? What protocol is used to determine this? Where is this information kept and how is it kept current? Records and Supplies What medical/care records need to accompany the resident? What medicine needs to be organised to accompany the resident (minimum of 3 days supply)? If the medicine is a controlled substance what protocol will ensure its security? 17 Where is this information kept and how is it kept current? Personal Effects Who decides what personal effects can be evacuated with the resident? How is this accounted for? Transportation Considering the pre-determined destination of a resident what method of transportation needs to be organised (mini bus, taxi, ambulance)? Where is this information kept and how is it kept current? Next of Kin notification What is the procedure for notifying next of kin? Where is this information kept and how is it kept current? Who is responsible for this process? How is it achieved? Who is responsible for ensuring the notification programme is completed? 27. Plan for - Loss of IT/Phones Care homes do not usually have a heavy reliance upon IT or phones to continue “critical” service provision. However, loss even in the short term is likely to cause some disruption to day to day tasks. If IT is lost in the longer term it is likely to have a more serious effect. Your plan should ensure that the care home has at least one mobile phone for emergency calls in the absence of a landline. It is wise to store all contact numbers from this plan in the mobile phone so they are available when required. Your plan should cover the loss of IT. If you have a database or record keeping system that is essential for the smooth, efficient and particularly safe running of the establishment, you should ensure that these are backed up as far as is reasonably practicable, and that a suitable restoration time is chosen that will allow a minimum level of disruption. 28. Plan for – Low or loss of Stock Care homes have many different types of stock the loss of which need to be planned for. Quite often plans are already in place to minimise the effects of stock loss or a missed delivery which has become part of normal working practice. Food – Have you set a minimum stock level for food on the shelves or in the freezers – do you have a plan to share food with other units? Bedding and linen – Do you have sufficient spare stocks or could you acquire replacements from other sources. PPE – Have you got a large enough stock of PPE at all times to cater for a supplier going bust? Do you have multiple suppliers? Medicines – Have you got a suitable stock? Can you obtain medicines out of hours? 29. Plan for – Loss of service by External Suppliers Care homes often contract services to outside organisations. Commonly occurring contracts include: 18 Lift maintenance – Lifts are often critical for transport of residents, food and other items. Does your lift maintenance contract specify a suitable repair time, does the contract include an out of hour’s service, and does it include a regular maintenance service? IT – If you contract out IT, does the contract meet your business need? Has the IT contract been checked since the preparation of your Business Continuity plan to make sure that the two dovetail together? Catering/Laundry – If these are contracted out; can the company continue to provide the service during times of bad weather (flooding/snow)? Clinical waste collection 30. Plan for – Severe Weather Although severe weather generally causes “loss of staff” or “denial of access” a separate plan is a good idea due to the wide ranging issues generated by severe weather. You should follow the guidance as provided by the Department of Health particularly in connection with the two adverse weather campaigns listed below: Heatwave (NHS HeatHealth Watch) st th 1 June – 15 September Cold Weather Watch st st 1 November – 31 March Expectation of significantly higher than average temperatures in one or more regions of England and Wales; thresholds are predetermined regionally via the Heat-Health Watch system. There are two different thresholds for the Cold Weather Alert service. Only one of the thresholds needs to be breached for a warning to be issued. The thresholds were formulated with advice from the Department of Health and the Health Protection Agency to pinpoint when winter weather would affect peoples health. The thresholds are: mean temperatures below 2Oc for 48 hours or longer; and heavy snow and/or widespread ice. Is your building located within a flood zone? This is easy to check on the Environment Agency website by simply typing in the postcode at: http://www.environment-agency.gov.uk/homeandleisure/floods/31650.aspx If your building is located within a flood zone you should sign-up to the Environment Agency’s free Flood Warnings Direct service to receive timely warnings of potential flooding. Visit for further details. Do any of your staff live within a flood zone causing staff shortages in the event of a flood? Are any of your suppliers based in a flood zone? Does your organisation subscribe to the Met Office Severe Weather Warning service to allow you to receive messages about all kinds of severe weather? 31. Maps and Plans A map covering a 1km radius from the care home should be included and should contain likely external hazards that may impact on the home such as petrol stations, railway lines, major industrial establishments and risk site such as Broadmoor hospital or AWE etc. 19 Insert the building layout plan indicating where key utilities can be turned off/on and indicate on the plan where any hazardous material is stored. Any maps associated with the plans should be inserted in this section If you have an alternative building highlighted in the Denial of Access plan you should include a map of its location in this section. 32. Circulation List Who has a copy of your plan and where is that copy stored? Key staff should have a hard copy which should be kept at home. Keep a list of plans issued to ensure that all copies are recalled and updated and eliminate the use an out of date version. Each uniquely numbered copy should be assigned to a particular person and listed in the table below. Plan Number Issued to: 1 2 3 33. Plan Testing / Real Incidents When any element of this plan has been tested (live incidents can also be classed as tests) the table below should be completed by team management, for audit purposes. Testing of this plan can include, requesting team members to work from alternative locations, testing access to various applications from different locations on back up computers, home working, using alternative suppliers or even live incidents. Date of testing: Manager carrying out the testing: Description of testing completed: Issues arising: Signed off by: 34. Emergency Kits Your facility should consider establishing two emergency kits; one should be placed in a secure location, which is accessible to all staff (e.g. office, staff room, store cupboard), the other should be stored at your buddy establishment or safe haven (some items could, by arrangement, be reciprocal with the content of your buddy establishment’s kit). If one kit is inaccessible due to the incident (e.g. a fire) you should be able to access the other one. Ensure that all staff know where they are kept. Example content of an emergency kit comprises: A waterproof bag HiViz vests for Emergency Response Team Hard copy of this plan 20 Hard hats First aid kit Mobile phones; they do not need to be stored in the bag but should be evacuated with the bag when necessary. Include spare batteries / charging cables. Bottled water 20 x emergency foil blankets 20 x patient identification bracelets Wind up torch 35. Copies of all supporting documents Keep a copy of any mutual aid arrangements with other care homes, e-mails to support agreements in place etc. 36. Lockdown Guidance 36.1 Introduction Lockdown is the process of controlling the movement and access (both entry and exit) of people (staff, residents and visitors) around a site or other specific building/area in response to an identified risk, threat or hazard that might impact on the security of residents, staff and assets. 36.2 Purpose and Scope A decision to lock down may be taken in collaboration with Thames Valley Police or Royal Berkshire Fire & Rescue Service as a result of a major incident. However, there may be occasions when the home manager will need to achieve a lockdown, for example in the event of a missing resident, and in order to avoid precious moments being lost, commence the process for securing an area. The purpose of this guidance is to provide managers and staff with a toolkit that will enable them to follow appropriate steps and develop a robust plan to achieve a lockdown of the site that they manage/occupy. 36.3 Duties and Responsibilities The Manager holds the overall responsibility on behalf of the company as the Accountable Officer. Their responsibility includes: Ensuring that the aims and objectives of this guidance and procedure are met. Ensuring that adequate resources are made available. Ensuring that any processes in place for management of a lockdown are reviewed by the management team. The Estates Team will lead on issues relating to the functionality of buildings and building resilience. They will have an in-depth knowledge of the structure and systems that operate within any building, their knowledge will be invaluable when determining whether it is possible to achieve a full or partial lockdown. 21 All Operational, Service and Departmental Managers are accountable for ensuring that: They work with their teams, Estates representatives to identify and document the critical assets within the site; Develop a lockdown profile for their site/department taking into consideration local circumstances and the services provided. Determine if a lockdown (or partial lockdown) is achievable. Identify appropriate resources to undertake a lockdown. Share details of the agreed lockdown plan with their teams to ensure that if, or when implemented, all staff are aware of their role and responsibility. That plans are tested for robustness and appropriate amendments or revisions are cascaded. All Employees have a responsibility to take reasonable care of their own safety and security, as well as the safety and security of others and to participate as required, in the event of the implementation of a lockdown. In order to support a lockdown, staff are likely to have to carry out activities that are outside of their normal job description. All Visitors are requested to follow directions to support a lockdown; however it is noted that the containment of any person against their will is prohibited. 36.4 Types of Lockdown In locking down a facility, there are three movement of people on a site or part of movement of people, or a mixture of the lockdown is to either exclude or contain key elements; preventing the entry, exit and a building. In preventing the entry, exit or three, the overarching aim of implementing a staff, residents and visitors. A lockdown is the process of preventing freedom of entry to, exit from, or movement within a site. In this way either contain or exclude staff, residents and visitors. A lockdown may be characterised as either partial (static or portable), progressive or full. Controlling access or the exit of members of the public in the event of a lockdown. When following assigned duties in the event of a lockdown all employees must remember that because the home is usually open to friends and families, these individuals might think they have an implied licence to enter them regardless. However, the owner of any such premises has the right to refuse access. While staff can give direction within their premises (for example, stating which exit someone can use), it is unlawful to forcibly prevent exit from the premises. Nonetheless, there may be circumstances when a lockdown from premises (or part of them) is desirable. If this occurs, staff can only appeal to individuals to stay in the site and/or building identified for lockdown. If individuals choose to leave, a safe route must be available for them to do so. Partial Lockdown (Static or Portable) A partial lockdown is the locking down of a part of a building. The decision to implement a partial lockdown will usually be in response to a localised incident. This response will help 22 ensure that identified critical assets such as personnel, residents and property are protected. A partial lockdown which may have been static in nature may evolve into a portable lockdown whereby, an on-going lockdown is moved from one location to another. Progressive Lockdown A progressive or incremental lockdown can be a step-by-step lockdown of a site or building, in response to an escalating scenario. Full Lockdown A full lockdown is the process of preventing freedom of entry to and exit from either an entire site; specific building or premises. It is important to take into consideration that preventing freedom of access to a premises at a particular entry point, may result in attendees seeking other points of access. 36.5 Procedure By using the appendices that accompany this guidance, the Manager of each home will be able to develop a lockdown profile which may be categorised as ‘adequate lockdown capability’ or ‘additional resources required’. Develop a Site Profile (see Site Profile template) taking into account the physical geography of the site, and detailing the size of the site, indicate the perimeter, access and egress points, the location and route of communications and the number of buildings on the site. Up to date site maps, floor plans and aerial maps in conjunction with a live walk through, should facilitate the development of this profile. Create a Building Profile (see Building Profile template) to review the functionality and capability of the buildings to lockdown either fully, partially or progressively. This will include a full inventory of doors and windows and their locations, the ratio of glazing and the ability to control access either manually or automatically. The condition of the premises, its shape and height, whether it has air conditioning and the location of power supplies will all need to be documented. Security Profile (see Security Profile template) this will concentrate on existing security measures and is important to establish any vulnerabilities that may threaten the ability to lock down fully, partially or progressively. In simple terms when reviewing the site it should be considered in concentric rings, the outer perimeter, building perimeter and interior of the buildings. It is recommended that these rings enclose the critical asset, so that the robustness of security measures increase towards it. In this way we may have multiple sets of concentric rings within a single site, depending on the location of critical assets. Following the review of the site, building and security of the premises, managers will be able to develop a planned approach to implementing a lockdown whether it is partial, full or progressive. 23 Staff members should be allocated tasks and responsibilities and these should be documented on staff action cards (see Staff Action Card template) to ensure the incident is managed. Additional training may be required in communication or conflict resolution, for those who may have the responsibility for keeping visitors and Residents either inside or out of the area. Once a plan has been developed, it is appropriate to test the plan to ensure its effectiveness; to identify and capture any areas of weakness and to feed these into the development of improved procedures. When testing, it is important to consider the implications of a real event taking place at different times and whether in different circumstances the plan would have succeeded. The implications of a lockdown on Monday at 10am may be significantly different from Friday at 5pm. 36.6 Approval, Ratification and Review Process This policy will be reviewed every three years, or earlier in the light of changing circumstances or legislation. 24 Site Profile Template Item Details Location General Description of location, plus strategic access Area In square feet Site characteristics Number of buildings on site? Landscape summary General description of the site, shape and slope Local road access Description of types of roads and number of them onto site Traffic movement around site Direction and movement of traffic on site Neighbouring land usage Is neighbouring land used for residential purposes, industrial estate, farming, and energy supplies? Describe usage Car parking facilities Number of them? Where are they situated? How many access or egress points do they have? How are they controlled? Number of buildings on the site How are the buildings spread across the site? Total number of official and unofficial access and egress points on the site/building. Where are the access and egress points? (Mark on site plan). 25 Building Profile Template Item Description of building’s present use Details What is it used for? Is it multi- occupancy? Is it an un-zoned area (i.e. unrestricted movement within the building)? Basic shape Basic shape of the building, size of it and space that surrounds it Height of building, number of floors and their use Include what each level and area of the building is used for Condition of the building General description of the building Corridors How many corridors? Do they interconnect, where do they lead to? Access and egress points in the building Number of access points in each building and their location Number of egress points in each building and their location Car parking facilities for the building(s) Number of spaces How close are they to the main building External and internal doors For each building or part of the building, how many doors facilitating access and egress are there? Air conditioning facilities and vents Does air conditioning exist in all or part of the site/building? If so, where is it controlled from? (maybe more than one point) Who is responsible for maintaining it? How quickly can it be turned off? How is the building powered? Where is the power supply located and how is it controlled? Is the power supply secure from tampering? Is uninterrupted power supply available? 26 Security Profile Template Item External doors (external or perimeter of buildings) Details Generally speaking, how are the doors locked? By access control system or manually? Who is responsible for the access control system? How many doors do not have any security arrangements? Internal doors (interior of building) Where are they located? How are they locked? By access control system or manually? Windows Has a risk assessment been taken as to which windows have to be locked? How can they be secured? What is their locking device? If they are manually locked, who holds the keys? CCTV Is CCTV in place Where are the cameras located? Is there a map of their locations? What are they trained on? Can they be used to monitor people approaching the building in the event of a lockdown? Security lighting Which buildings have security lighting? How is this controlled? How is it activated? Alarms on specific buildings Which buildings have security alarms? How is this controlled? How is it activated? Security at car parking sites Where are the car parks? What size are they? Are the car parks staffed? What are the existing security arrangements? 27 Staff Action Card Template (Complete for all staff and include appropriate duties) Document actions to be taken in the event of a lockdown (examples): Deployment to (where) Actions to take at all stages of lockdown: Where to report What to do (may include encouraging Residents/visitors/residents to stay or keeping residents/visitors/staff from entering the premises) Document names of anyone refusing to stay in premises Who to report to What to report How often to report Monitor CCTV footage (to ensure continued surveillance of area concerned if a partial or progressive lockdown) 28
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