We return to the original agenda order, which means that we are dealing with PE576, by Mr Ross J Vettraino, on behalf of the Leslie House 21 Group. The petition calls on the Parliament to urge the Executive to prevent the reduction in residential care places in Scotland by providing the necessary funding to enable the continuation of residential care services in every residential home in Scotland that is subject to closure by the providers. The usual rules apply—Mr Vettraino has three minutes to speak, then committee members will ask questions.
Official Report · Committee
New Petitions
Residential Care (PE576)
Speakers
Choose an MSP to read only their contributions- Ross J Vettraino Leslie House 21 Group 18
- John McAllion Lab 11
- Dorothy-Grace Elder Ind 8
- Phil Gallie Con 7
- Helen Eadie Lab 5
- Tricia Marwick SNP 2
- Rhoda Grant Lab 2
The record
53 contributionsWhen notice was given of the intention to close Leslie House, we, the petitioners, thought that the issue was local, and was simply about old, frail and demented people losing their home, their family life and the relationships within their home, and, in some cases, suffering a shortened life span as a consequence. As it happens, we were wrong. The issue is not local but national, and it occurs time and time again throughout Scotland. It is not just about people losing their homes, but about the Church of Scotland—the second largest care provider in the country—and other smaller care providers, none of which is democratically elected, being in a position to take executive decisions that significantly impinge on the social fabric of Scotland by continuing the on-going reduction in the number of residential care places, with the knock-on effect of bedblocking, thereby causing longer waiting lists and the resultant deterioration in the Scottish health service.The issue is about Scottish local authorities and joint community care plans identifying significant increases in older populations, but making no provision whatever to increase the number of residential places, and seeking to justify that profound omission by saying that the focus is on keeping people in their homes for as long as possible. The authorities do that in the full knowledge that, in most cases, there is a limit to the length of time for which someone in their frailty can continue to occupy their home.The issue is about the loss or proposed loss of a further 360 residential places in Scotland since April last year. It is about care providers who have closed facilities and who claim that the reason is that there is insufficient funding to make continued provision viable. Therefore, it is about insufficient funding. No matter what it costs to care for the elderly, society must meet that cost. We would all do well to remember that each of us aspires to be old.The issue is about the elderly having needs and rights and local authorities such as Fife Council taking no steps to determine what those needs are. It is about public authorities and care providers having a duty to work together, although they are not doing so. It is about the old, the frail and the elderly—most of whom cannot speak for themselves and all of whom are in the winter of their lives—having the right to life, to be free from degrading and inhuman treatment and to enjoy their home, family and relationships. They have those rights under articles 1, 2, 3 and 8 of the European convention on human rights. If the care providers get their way, many people who are more than 90 will be evicted from the home in which they have lived, in some cases, for as long as 15 years.The issue is about public authorities having a statutory duty under the Human Rights Act 1998 to protect individuals' rights. The Scottish Parliament and the Scottish Executive are such public authorities. We, the petitioners, believe that it is time for Parliament to act and to fulfil its duty under the 1998 act. The Parliament also has a general duty to maintain and improve the Scottish health service by arresting the on-going closure of residential homes, including Leslie House—which is a good local example of a national problem—by making the necessary funding available without delay.We, the petitioners, ask the committee to grant the requests in our petition, as detailed in the penultimate paragraph.
I have known Ross Vettraino for some months. The people of the Leslie House 21 Group are good people who want the best for their elderly relatives, but, thanks to the high-handed action of the Church of Scotland, a home to many elderly and frail people will be closed. The coincidence that we are meeting in the church's assembly hall is not lost on any of us. The church refuses to continue the home and, even though Fife has big problems with bedblocking, Fife Council is not willing to take over the running of the home. Various means have been suggested to try to remove elderly people from their homes.We must recognise that the problem does not relate only to Fife and to Leslie House, but that it is replicated throughout Scotland and that it will get worse because of the so-called funding crisis. It is timely that Ross Vettraino and the Leslie House 21 Group have lodged the petition, because we must consider present and future problems and force the Executive to take action.
I do not recognise the picture that Ross Vettraino paints of Fife Council or the Church of Scotland's board of social responsibility. My experience of both those organisations is entirely different. Fife Council has received awards for its work on identifying its citizens' needs, particularly those who are frail and elderly.We all recognise that it costs fixed sums of money to run any establishment. In the past few weeks, MSPs across the Parliament have been provided with notice of an upcoming conference on the issue of how to provide care as a mutual option on a co-operative basis. That has been done successfully in England and America and it is suggested that that model be transferred to Scotland. Has your group considered that option?
No, we have tried only to persuade the Church of Scotland, Fife Council and the Minister for Health and Community Care to do something about a local problem. However, I am here today to talk about not the local problem of Leslie House, but a national issue. No matter how the money is raised—whether by co-operative means or not—the fact of the matter is that money must be raised. It does not matter what the cost of caring for our elderly is; the cost must be met by each and every one of us.I am glad that your experiences with the Church of Scotland have been better than mine. I will outline briefly what my experiences have been. The Church of Scotland announced its intention to close Leslie House, without any consultation—indeed, some of the relatives found out through the media that their mums and dads were going to lose their home. We asked for an assessment of the impact that the closure might have on the residents only to be told that no such assessment had been done—the decision to close Leslie House had been taken without giving any thought to the effect that that would have on the residents.
Do you recognise that, across the world, there are something like 750 million co-operatives that have used the mutual option as a way forward? I should declare an interest, as I am a sponsored member of the Co-operative Party and believe that society should consider using the mutual option more. As you point out, rightly, we recognise that there is a cost involved in caring for elderly people but we have traditionally looked to the state alone to provide that money. Do you accept that there are other models? Is your mind open to being party to that kind of discussion?
There might be many ways by which the money could be made available. It would be for the Scottish Parliament to decide which would be the best way. The Scottish Parliament represents society and this is society's problem. I therefore expect the Scottish Parliament to assess the best way in which to raise the money.
Would you be willing to undertake such a scheme as I am suggesting as part of a pilot scheme in Fife?
There is nothing that I will not do to try to solve this national problem.
I agree that this is a national problem.You will recall the time when community care was the in thing for authorities to sign up to. Do you believe that the imposition of community care and the importance that that policy placed on keeping people in the community has done the care homes a great disservice?
I think that we should support the principle of letting people stay in their own homes for as long as possible. None of us wants to leave our home and, given the choice, I am sure that we would all want to die in our own home. However, the hard fact is that, because people live longer now, more and more people are unable to be supported in their own home and they need care, regardless of whether that care is in the community or in a residential home. The fact that someone is in a home does not mean that they cannot be part of the community any more; the community can go and visit them. We visit the care home and I am sure that people visit their relatives in care homes throughout the country.I agree that we should keep people in their homes for as long as possible, but we must remember that there is a limit to how long that will be possible for. That means that we will still need residential places.Fife estimates that, by 2010, there will be 23 per cent more people over 85 than there are now—I had to check the figure because I thought that it was a misprint. However, there is no provision in Fife's joint community care plan for additional residential places.
Is it not the case that the numbers of residential and nursing home places have gone down over recent years?
The number of residential places has gone down. It is going down all the time, which is why the problem is becoming acute.
The Church of Scotland does not stand alone with respect to financial pressures. I have some sympathy with the fact that it cannot maintain the homes that it owns, but that could also be said about the private residential and nursing care sector, where there have been many recent home closures.The issue comes back to community care and, perhaps, a problem that local authorities have in meeting their commitments. People recognise that there is a need for residential care, but local authorities do not have adequate money to provide it. Would it be better if we considered the financial provision from a health viewpoint and gave responsibility for the budget requirement to one department, as opposed to a mix of social service and health service agencies?
Yes. It does not matter where the money comes from. It is not acceptable for local authorities to say that they do not have any money. A local authority cannot state that it intends to abandon its frail and elderly because it does not have any money. That option is not available; society must have the money. How the money is provided—whether it comes from a local authority budget or a health service budget—is for the Parliament to determine. The final analysis is that the money must be made available.Nobody wants or expects the Church of Scotland, or any voluntary or charitable organisation, to subsidise the cost of caring for the elderly. It is our responsibility. The Church of Scotland runs homes not for commercial reasons, but because it is a Christian organisation, which seeks to provide a useful service.I am persuaded that private care providers are in the business for commercial reasons. If there were no commercial gain, they would not provide the service. That does not make them wrong, but it means that we must ensure that finance is available to enable the private, public and voluntary sectors to provide the service that each of us needs.
Parliament acted by introducing free care for the elderly. How has that worked?
I assume that Mr Gallie is referring to free personal care. It is my understanding that the provision of a place in a residential home does not come into the category of personal care. Personal care provides someone with help to meet his or her personal needs. For example, people are given help with washing and dressing. Free personal care does not cover the running costs of a residential home. Only a small percentage of the running costs of a residential home are attributed to the measures that are included in the definition of personal care.
I would argue differently, but I accept your point.
My understanding may be wrong; please forgive me if it is. However, I know that there is insufficient money to provide residential care places.
Your petition states that although Leslie House has 28 places, there are only 11 residents. Is that because people are no longer placed there because there is concern that the home may close down, or was that part of the on-going problem that led to the decision on closure being made?
There are now 10 residents. There were 11 when I wrote the petition, but a resident died just before Christmas. There are 18 empty rooms, but that is because Fife Council is not referring anyone to the home because the Church of Scotland is proposing to close it and will not take anyone in. It could, however, accept people for respite care, because that would not be a long-term commitment; the longest stay would be two to three weeks. However, the Church of Scotland chooses to keep 18 rooms empty and is, therefore, suffering lost income of 18 times £310 a week. It is costing the Church of Scotland over £250,000 a year to keep the rooms empty.
Were there empty rooms when the Church of Scotland decided to close the home, or was the home fully occupied but still making a loss?
Only 21 rooms were occupied when the Church of Scotland made its decision. The Church of Scotland had taken a conscious decision to reduce the population of Leslie House to meet the ratio of staff to residents that is required by the care commission.
You said that the number of residents is down to 10. The letter that you sent in November referred to 12 residents, so there has been one death, if not two. Must not the remaining residents be under considerable strain?
I am not sure that they are, as most of them are severely demented. My mother, for example, does not know what is happening. She does not realise that someone is trying to evict her from her home. For the past three or four years she has lived with terrible fear, which she expresses by saying, "I am terrified that someone will put me away." We reassure her as best we can and tell her that that will not happen; sadly, because of her dementia, she forgets the reassurances that we give but not her initial fear. The sad truth now is that someone wants to get her out of the home and to put her away, so that they can empty the home. If I said that to my mother, it would upset her—she is not so demented that she would not understand that. We keep that sort of thing quiet.
However, the relatives—many of whom are not young—understand what is happening. Do you know what the Church of Scotland intends to do with the building? Does it intend to sell it?
We have asked the Church of Scotland a number of times what it intends to do, but we have always been told that it does not know. In July, the church told us that it had not had the home valued. I leave members to make up their minds about whether the church knows the value of the place. I suspect that it wants to sell it.
The home has 28 rooms.
Yes.
If it were put on the market, it would be regarded as a substantial property. Am I correct to assume from the literature that we have received that the annual deficit is £80,000?
No—I am sorry if I have given that impression. In April, the Church of Scotland said that the projected operational loss for the current financial year was £154,000.
Has the church applied to the council and other sources to make up the deficit?
I believe that it has. I recall clearly the church saying that a national agreement had been struck on the money that is available to care providers, but the terms of that agreement were not being met. The Convention of Scottish Local Authorities said the opposite. I did not want to become involved in the argument about who was right and who was wrong. I did not want the focus to be moved from the real problem—the fact that there is insufficient money to provide the number of residential places that Scotland needs.
Has any work been done on the number of residential places that are scheduled to be lost across Scotland? You mentioned 92, but there must be more than that. We have received other petitions—for example, from Troon—on this issue.
As recently as the week before last, the care commission wrote to me on this issue. Excluding Leslie House, seven homes are scheduled for closure. That means that 140 places will be lost—or 168, if we include Leslie House. There are probably others, as homes are being threatened with closure daily. St Meddan's home in Troon is not mentioned on the list that I received, but I know that South Ayrshire Council would like to close it. Happily, the relatives of residents there have adopted the same stance that we have adopted in Leslie, so the council may find it difficult to close the home.
If Leslie House is closed, what does Fife Council propose to do with the 10 remaining residents?
I do not know. The Church of Scotland has given the care commission notice that it will surrender its registration with effect from 28 March and has told the staff of Leslie House that they will not be employed after that date. I do not know what the church intends to do. I have no idea whether it intends to shut off the power and to lock the 10 old ladies in the building.Fife Council has a statutory duty to provide the care that is required if the Church of Scotland walks away from Leslie House. However, that is only my understanding—I cannot be sure of that.
I am sure that that is the case.
I have a point of information for Dorothy-Grace Elder. Leslie House is a very historic building. It was given to the Church of Scotland to hold in trust for the community of Fife as long as there is a need for it. If the Church of Scotland attempts to sell Leslie House at a big profit, it may find that the trust deed will be challenged.
I have come across a reference to the kind benefactor. It might be possible to mount a legal challenge to any attempt to sell Leslie House—the terms of the benefactor's will might encompass that. However, I have known people try to get round such conditions by taking cases to the Court of Session 50 years after a benefactor has kindly helped the community.
To be fair, the petition is not specifically about Leslie House; it raises the issue of the closure of homes such as Leslie House throughout Scotland. As Mr Vettraino mentioned, there is another petition on much the same issue—PE551 from the supporters of St Meddan's Court in Troon. We have already written to the Executive on the back of PE551, asking it to comment on the adequacy of local authority provision of residential care for the elderly and to provide an indication of whether supply currently meets demand. First, despite that correspondence, I think that we should write to the Executive again, asking it for details of how it plans to meet the apparent shortfall in residential care home places, given the recent trend of closures of charitable and voluntary sector-operated homes in Scotland. Secondly, we will ask the Executive to confirm whether the Executive and local authority policy to ensure that elderly people can remain in their own homes for as long as possible is running effectively. It appears that there might be a shortfall in the number of places that are available, and we can ask the Executive to comment specifically on what happens under such circumstances. Finally, we will ask whether the Executive would be willing to provide financial assistance to ensure that residential homes that are currently under threat can remain operational where there is a demand for their places. When we receive the Executive's response to PE576, the suggestion is that we consider it along with the response to PE551, as the two petitions raise similar issues about a shortfall in residential places.
It would be helpful if we also asked the Convention of Scottish Local Authorities for its view. COSLA has undertaken work on the matter. The other question that needs to be explored is how many new places have been made available throughout Fife. Although some establishments have been closed, some are being opened. There is an organisation called Henderson House in my constituency. It is a care home for the elderly, and is part of a chain. There are a number of successful operators in the world of caring for the elderly, and we need to bear in mind the number of new businesses that come on board as well as the number of businesses and Church of Scotland or voluntary organisation establishments that do not manage to continue their work. We need to keep a sense of perspective and bear the wider situation in mind. We should focus not only on the closures, but on the new entrants into the care system.
It has been whispered into my ear that there could be a problem getting such information from COSLA, as it often finds it difficult to get it. We could still ask it for the information that it holds on the number of closures and new places being opened up, and on the balance between supply and demand. If COSLA does not have the information, we need to find out how best to get it from other sources that it might suggest. As Steve Farrell has reminded me, COSLA sometimes responds by saying, "We don't know. That information is held by individual councils."
I met the chief executive of the Scottish Commission for the Regulation of Care about issues around disabled people in the community in Fife. The care commission's chief executive and director of operations might be able to help us with some of the information.
We can certainly try to obtain the information from the care commission.
I am slightly concerned at the suggestion that our consideration of PE576 should run parallel to that of PE551, on St Meddan's Court in Troon. I remind members of the situation there. St Meddan's is a local authority home, and according to South Ayrshire Council's claim, its closure is to do with the Regulation of Care (Scotland) Act 2001, which calls for improved standards in the home. I am not sure whether that is also a factor for Leslie House. There might well be a wider concern about the increased costs attached to the changes.In relation to St Meddan's, we asked whether the local authority was interpreting the regulations wrongly. I am concerned that we have not yet received an answer on that. It is an important issue. Aside from that, addressing the wider question is fine with me.
It seems that we have, in fact, received a response from the Executive on the petition relating to St Meddan's Court. It will be on the agenda for the next meeting. It is accepted that petitions PE551 and PE576 raise different points, but the general issue of the availability of residential places for the elderly throughout Scotland relates to both petitions. It might well be that we should leave consideration of the St Meddan's petition until we receive the response to PE576 and then consider both the responses together. They both relate to the same problem of the availability of care home places for the elderly.
That is one of my concerns. I would not like the response to the St Meddan's petition to be held back pending action on PE576. I want the St Meddan's response to be considered.
The response to the St Meddan's Court petition will be on the agenda for the committee's next meeting. We will discuss it then. I suggest that we write to the Executive to raise questions about petition PE576 and that we consider it further when we get the response.
Although the Church of Scotland is under a big question mark in this case and others, we cannot forget that the churches have done a huge job over the decades in running homes for the elderly. Could we consider writing to the Church of Scotland as a national body to inquire about its position on home closures? We could also ask how many places will be lost through closures of Church of Scotland homes, whether the church is commissioning any new builds, which I doubt, and what its general view is on the whole crisis.
I do not see any reason why we cannot do that.
We could also ask the Church of Scotland what it does with the money from the sale of properties.
We could certainly ask about its intentions for Leslie House. I thank Mr Vettraino for his evidence. We will keep you fully informed of the Scottish Executive's response and of any further action that will be taken in the wake of that response.
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