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#1 Posted : 10 February 2003 19:00:00(UTC)
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Posted By Elizabeth Hallows I work as a manual handling advisor in social services, specifically looking at the handling of people. We contract out some of our home care services to external agencies. I am concerned that our contracts with these agencies should specify requirements to do with their arrangements for manual handling [such as carrying out risk assessments,identifying a competent person, training workers etc], but currently they do not. Does anyone have any advice for me on what these contracts should require? Is anyone aware of a court case which has involved a local authority in these circumstances? Thank you, Elizabeth
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#2 Posted : 13 February 2003 11:52:00(UTC)
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Posted By Dave Wilson Hi Elizabeth, Would the LA be responsible for the care of their people and they have employed someone to 'do their job' so to speak and therefore if the LA have not satisfied themselves and ensured that these agencies are suitable and competent to undertake the task I feel that the LA would be responsible as you are contracting out something which you should be doing.
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#3 Posted : 14 February 2003 12:05:00(UTC)
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Posted By Robert M Edwards Hello Elizabeth, If you would email me I have a copy of some terms which I can send. The idea of subcontracting legally is that you ensure your contractors are complying fully with your legal requirements. Whilst you cannot pass on the total duty you have you can mitigate the risk by employing correct risk procedures and also tying the requirements into the terms of the contract.
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#4 Posted : 14 February 2003 12:10:00(UTC)
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Posted By Lorna Morris We have safety clauses in our contracts that may be useful. Please contact me if you would like a copy. HSE have made it clear to us that we hold overall responsibility if we manage a 'package of care' even if that care is provided by somebody else.
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#5 Posted : 14 February 2003 14:39:00(UTC)
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Posted By Eric Burt Elizabeth It is important that you ensure that the manual handling of clients is done in a consistent way and this will probably mean that you will have to get together with all the agencies involved in the care of the client to make sure you are all singing from the same hymn sheet. Social Services / contractors / the Health Trust / home carers etc should use the same handling techniques for the client, especially if hoists etc are being used. You might want to consider a working group of all the parties involved, meeting say once a year. Regards, Eric
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#6 Posted : 15 February 2003 10:40:00(UTC)
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Posted By John Murphy Elizabeth, As a service provider to the client your Council has a duty to assess the competence of the company providing that service on your behalf. Similarly the Council is required to monitor the contract to ensure that they are providing both a satisfactory level of service (quality) and doing it safely. To establish what assessment and monitoring are being undeertaken I would suggest you talk to the relavant contracts and safety manager. Hope this helps.
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#7 Posted : 18 February 2003 18:35:00(UTC)
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Posted By Elizabeth Hallows Thank you to all who've replied. I've emailed directly when further information has been offered. In response to John, it appears from discussions with the contracting teams that assessing the potential contractors standards in relation to manual handling hardly happens. One contract stated only that carers should "have training/experience in manual handling". My biggest concern is that we don't require there to be a competent person to do the manual handling risk assessments, but trained staff would be good too! As for monitoring, a health and safety advisor has said that under a different contracts manager, he visited each provider to audit health and safety paperwork, and spoke with direct care staff too, but this has not happened for a couple of years, since a management change. The contracts person I asked said that monitoring took place by the monitoring and reviewing officer visiting the service users home after six weeks of the service starting. My concerns would be that this may be monitoring the satisfaction of the service user, but isn't checking manual handling arrangements at organisational level. Direct email to me as a result of the thread has identified some examples of good practice, where, as Eric says above, joint working groups have got together to identify standards. In addition, the National Care Standards Commission's minimum standards for domi agencies is also helpful. Elizabeth
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