Where does Leonard Cheshire’s money go? Evicting Honresfeld residents at no notice.

Leonard Cheshire has decided to close Honresfeld Cheshire Home, Littleborough. It notified the residents and staff on 27th January of the impending closure at the end of March. 22 disabled people with high support needs live there. Arranging new accommodation and moving is difficult and traumatic enough for people without severe impairments. Imagine trying to sort out suitable care, equipment and accommodation at such short notice

Leonard Cheshire claim that they are consulting over this closure; but it is clear that they have decided they will close it, and rapidly. Their two months notice is in breach of the standard contract with Leonard Cheshire residents, which states:

7.6 In addition to any other rights it has to do so, Leonard Cheshire Disability may terminate this Agreement by giving at least three months written notice to the Service User at any time if Leonard Cheshire Disability proposes to close, temporarily or permanently, or to modify or redevelop the Home and believes that it is not possible in such circumstances to continue this Agreement beyond the end of that notice period.

So Leonard Cheshire Disability have to give residents three months notice. They gave them two months. Why?

As I say, they claim they were consulting on their closure. This doesn’t seem to be a consultation on if they will close, but how. They then decided to give residents an extra couple of months to get out – how generous! Given their own contracts say they have to give three months notice, I have concluded that they always intended on shutting in four months, but went for two just so they can show they are being “responsive” to the “consultation”.

cartoon by Crippen
And when we want your opinion, we’ll tell you what it is! Cartoon c/o the excellent Crippen. CC BY-NC-ND 2.0 UK

So why do they have to close anyway, and so quickly?

Leonard Cheshire says that it’s because:

the service is no longer financially viable in the current market. Our charity has been financially supporting the service for a number of years and sadly this is no longer possible.

In addition, the Victorian building requires substantial investment to bring it up to modern-day standards. (my emphasis.)

If Leonard Cheshire have been funding the home for “a number of years”, why the urgent rush to shut it? Is the home that unviable and that skint? The Council and the NHS deny this:

The council and the CCG thoroughly and absolutely refute that the levels of fees paid to Leonard Cheshire, the owners of the home, by Rochdale Borough Council and others can be attributed to their decision to close the home.

We are strongly of the view that with efficient use of resources, the care home could remain open.

We would welcome the opportunity to examine the accounts of Leonard Cheshire and will gladly work with them to provide assistance to review their staffing and care costs in order to find efficiencies to support the home to be viable.

The state of the building and the costs of the works needed to bring it up to standard is a separate issue. We understand that Leonard Cheshire has to make decisions about use of its resources, although we note that according to the last accounts published by the Charity Commission, the organisation has significant levels of reserves.

As a council and CCG we must respect Leonard Cheshire’s commercial decision to close this home as the building needs significant capital investment. We are also aware that any subsequent sale of the land is likely to provide significant additional sale value for the organisation.

We are, however, very disappointed at the way in which Leonard Cheshire has communicated and managed this situation to date. A letter was sent to residents and families on 25 January with the intention to close the home by 31 March.

In our view this shows an uncaring disregard for the wellbeing of residents, some of whom have lived in the home for over 20 years. With better planning and more notice Leonard Cheshire could have worked with Rochdale Borough Council and the CCG to plan the closure and the enforced move for residents more sensitively. (my emphasis.)

So the Council and the NHS think the rapid closure is unnecessary. Leonard Cheshire undoubtedly won’t let them examine their books, Leonard Cheshire is about as transparent and accountable as Colditz. We therfore have to examine other figures.

  • Rochdale council pays Leonard Cheshire on average 44% more per placement than for analogous placements with other providers.
  • They’re not alone: 55 of 71 other councils that place residents in LCD care homes similarly pay more to Leonard Cheshire than to others. (reference)

Perhaps they pay their carers more?

Nope. As previously noted, despite their Chief Executive advocating that carers should be paid the Living Wage as set by the Independent Living Foundation, Leonard Cheshire routinely pays just above the minimum wage. The minimum wage for people aged over 21 outside London is £6.70 per hour. The Living Wage as set by the Independent Living foundation is £8.25 per hour. Leonard Cheshire is currently advertising for carers:

Support Worker (Residential Services) Penzance: £6.77 per hour.

£6.77 per hour.

Leonard Cheshire repeatedly claim that they have “written to all local authorities who commission our services about our desire to pay the living wage” but in fact they still haven’t; for example Manchester City Council contract Leonard Cheshire but have never received any correspondence from them whatsoever asking for increases in fees to enable them to pay the living wage.

So it doesn’t go on carer’s wages. Where does it go?

Good question!

As of April 2015, there were 14 LCD employees who earn more than MPs. (An increase from 11 employees the previous year.) (from their Annual Accounts.) Between them, these LCD employees earn at least £1,300,000 per year (+ private medical care, pensions and other bonuses.) That £1,300,000 is considerably more than Honresfeld residents’ fees. (Assuming that residents’ fees are about £39,000 per year, based upon figures supplied by Rochdale Council, the fee income for Honresfeld is around £850,000 pa.)

Just think: if LCD cut the salaries of their top 14 employees to that of a carer (i.e. the people who actually do the work that makes a difference to disabled people), they could save well over £1,000,000 per year. This saving could more than double the contribution from Honresfeld residents’ fees.

Leonard Cheshire evictions

Leonard Cheshire has a long history of attempting to evicttroublesome” and “non-profitable” people. In the 1950s, it attempted to evict a number of residents  who protested at having to be in their pyjamas by 6pm every day. In 2002, Leonard Cheshire argued for – and got – the legal precedent that they don’t have to respect residents’ human rights, so that they could evict residents from Le Court (the original Cheshire home.) In 2010, “a range of senior (LCD) management” were found to have committed institutional and psychological abuse of me over a number of years, in the process of which they illegitimately attempted to evict me without any justification. Now they are evicting Honresfeld residents with unneeded and cruel haste because they aren’t “profitable“.

I know what Leonard Cheshire the man would have thought. He’s on record. To quote Richard Morris’s biography of him:

As time passed, professionalism advanced, and trustee numbers rose. In 1985 the trustees debated proposals which in Cheshire’s eyes “seemed to be based on the assumption that the foundation was moving towards being run by full-time professional staff, with the trustees responsible only for broad policy“. He opposed this, predicting that it would lead to “a radical change in the foundation’s way of thinking.” There would be less local involvement, diminished local fund-raising and a decline in voluntary help. Against this, core costs would rise, and the foundation “would become more and more like the NHS or social services“. (my emphasis)

In response to the Leonard Cheshire Foundation’s attempt to evict those who objected to the pyjama curfew:

he responded by advising the Management Committee that a Cheshire Home was a home for life.

Honresfeld resident Harry Roach said:

It can’t be right that we can be thrown out after two months. I’ve been here 10 years and I’m happy here.

I thought that they would at least give us a year.

When they said two months I thought ‘You are having a laugh’.

Two months to sort your life out? It would be hard for somebody not disabled, let alone someone in a wheelchair.

Quite.

There is a petition to stop the closure of Honresfeld Cheshire Home.

Slimming World Syn values of Diet Chef foods

I am a fat whatsit and really need to lose weight. I lost a lot on Slimming World a few years ago, then did Diet Chef for a while, now I’m back on Slimming World again (there’s more choice and it’s more sustainable long-term.) So I have Diet Chef stock in the cupboard but I’m on Slimming World. Slimming World syns online and so on don’t list Diet Chef foods, so I’ve shoved the various Diet Chef foods in my cupboard through the Slimming World online syns calculator, with appropriate selection of any free food content. I thought this might prove vaguely useful to somebody else, hence this departure from my normal content on my blog.
I don’t guarantee it to be error free, the recipe may change, it’s not all the Diet Chef foods (just the ones I could stomach), don’t leave your grandma out in a gale and always make sure to shut the firebox and turn the blower on when entering a tunnel, or at the very least open the regulator all the way.

Main Meals

Meal Syns
Mild Chicken Tikka Massala
Lasagne
Sweet and Sour Chicken 6
Chicken in Black Bean Sauce
Chicken Jalfrezi
Thai Red Chicken Curry
Vegetable Curry
Macaroni Cheese 5
Sausages and Onion Gravy

Lunches

Meal Syns
Cream of Tomato Soup
Mushroom Soup
Pea and Ham Soup Free
Curried Parsnip Soup 4
Sweet Potato & Coconut Soup
Oxtail Soup 3
Creamy Pesto Pasta Pot ½
Spiced Bulgar Wheat & Couscous Pot Free
Lemon & Herb Bulgar Wheat & Couscous Pot ½
Tomato & Herb Bulgar Wheat & Couscous Pot ½
Tomato, Red Pepper & Cheese Pasta Pot Free
Vanilla Flavour Protein Bar 11½
Chocolate Flavour Protein Bar 11½
Peanut Flavour Protein Bar 11½

Breakfasts

I guess it’s up to you if you count any of these as “own brand” Healthy Bs, though they are slightly bigger at 40g.

Meal Syns
Fruit and Oat Muesli
Luxuri Muesli
Chocolate Granola 10
Treacle & Pecan Granola 10
Fruit & Oat Soft Cookie 10
Chocolate Soft Cookie 10
Original Muesli Bar 10
Chocolate Chip Muesli Bar

Snacks

Snack Syns
Fruit & Spice Oat Buiscuits 4
Stem Ginger Oat Buiscuits
Dark Chocolate Chip Oat Buiscuits
Mixed Berry Oat Buiscuits
Cranberry Protein Bar 30g 6
Strawbery & Apple Bar 2
Chocolate Bar 5

Number of Disability Discrimination (Goods and Services) cases not recorded

I’ve noted in blogs passim that the Department for Work and Pensions promised the Work and Pensions Commons Select Committee in 2009 that it would collate statistics on disability discrimination cases in the provision of goods and services.

42. There is a lack of data on the number of DDA cases on goods, facilities and services in the county courts, although a number of witnesses presume the numbers to be very small. We recommend that the Government monitors the trends in the number of cases taken and their outcomes. (Paragraph 264)

89. The Government will consider introducing changes to the county court IT system when there is an opportunity to do so. Until then, courts will be asked to manually gather information on DDA cases involving goods, facilities and services.

I asked for that information, in a Freedom of Information Request.

1) what changes to the IT system were considered, which were implemented and which were not, and why

2) what systems were implemented to ensure the manual collation in courts of data on DDA cases involving goods, facilities and services, when those systems were implemented, when they stopped and how successful they were;

Please provide all data collated on disability discrimination cases as a result of the above.

I’ve had the belated response from the Ministry of Justice today.

I would first like to take this opportunity to apologise to you for the long delay in our response which was caused by the need for the Department to conduct extensive searches to determine if any information was held. Also there was difficulty in trying to locate the best business unit to accurately respond. I therefore confirm the HMCTS (Her Maj’s Courts and Tribunals Service) was not compliant in its handling of the FOI request and breached section 10 (1) of the FOI Act, by responding outside the twenty day statutory deadline.

Having conducted extensive searches of all relevant areas within HMCTS and Ministry of Justice (MoJ) I can confirm that the Department does not hold the information that you have requested. To establish whether the information was held we have conducted a thorough search and made enquiries with the following business areas: HMCTS Equality Team, MoJ Corporate Equality Team, HMCTS Finance Directorate Performance, Analysis and Reporting, MoJ Strategic Reform, Forecasting and Finance and HMCTS Civil & Business Support Team.

When assessing whether or not information was held adequate and reasonable searches for the requested information were made of:

  • Electronic records were searched using the following key search terms: Disability Discrimination Act case in County Courts, DDA cases involving goods, facilities and services, DDA cases on County Court IT system, Changes to County Court IT system, DDA cases and DWP Select Committee, MoJ’s response to DWP Select Committee Report on DDA cases etc which would have revealed any information held.
  • Checks were made with policy officials responsible for the issue in MoJ.

If the information was held by HMCTS and or MoJ it would have to be held by the above mentioned business areas. It may help if I clarify that the information being requested is not held by HMCTS and MoJ because there is no specific legal requirement for MoJ to do so.

I think all that extensive, extensive searching indicates a degree of justifiable embarrassment experienced by MoJ officials at determining that it’s now 100% clear that despite promising a select committee that they would collate statistics on such cases, in actuality they did sweet FA and just forgot about their promise.

This is somewhat of a shame as it would have been useful to the select committee in its post-legislative review of the Equality Act. I was asked about statistics of such cases:

Q101 Lord McColl of Dulwich: … My question is: what proportion of cases are taken by litigants, both disabled and non-disabled people, without legal advice?

Doug Paulley: I have been trying to research this. Back in 2009, the Government responded to the Work and Pensions Select Committee, stating that they would manually collate statistics on various aspects of disability discrimination cases under what was then the DDA. They would then institute a computer system that would automatically record this. When I tried to research the proportions using the Freedom of Information Act, nobody seemed to know, to be frank. I have asked quite a lot of different organisations, and from what I can gather the requirement to notify the Equality and Human Rights Commission of cases is not universally complied with, to say the least. The Ministry of Justice has not recorded statistics on this. So I am afraid that all we can give you is anecdotal experience.

Is it contempt of Parliament to make a specific promise to a Select Committee to collate such statistics, then to not bother at all, do you think?