Winterbourne View - Serious Case Review reports

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The review concludes that "Fundamental changes are needed in how care of vulnerable adults is commissioned and monitored".

Serious case reviews are normally seen in cases involving children, such as the Baby Peter case. They were introduced by the Children Act 2004, and are commissioned by local authorities in circumstances where it is felt that there has been a serious breakdown in social care. Most if not all local authorities will probably have an ongoing Serious Case Review ongoing at any one time, and brief details are published. In this particular case, from the opening of the hospital in 2006 until 2011, there were 38 safeguarding alerts raised about 20 patients from the unit. Only one in five of those were reported to the NHS.

Any kind of compensation claim would be relatively straightforward in terms of fixing liability on the hospital, since an employer of a care home or hospital can be responsible for the abusive actions of its staff.

Malcolm Johnson

Associate - Personal Injury team

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