Health Care | Case Study Report

Running head: HEALTH CARE
Health Care
Name of the Student
Name of the University
Author Note

1HEALTH CARE
Introduction
Hollins et al. (2019) are of the opinion that there are numerous acts, policies and
guidance in the health and social care services that are used for safeguarding the vulnerable
individuals. Policies and different procedures are designed in order to guide the decision
making process in few important domains of health and social care. However, numerous
reports have highlighted that not all the policies and reports are followed in a way for which
they are designed. Thus for those who are meant to protect suffer of the consequence of same.
The following report will highlight the gaps in healthcare practice and violation of the
healthcare law, policies and guidance under the context of Winterbourne View Scandal
exposed by BBC news. The Winterbourne View Scandal exposed by the Panorama
programme shocked the whole nation. It caused the government of UK to take pledge in
order to move all the people suffering from learning disabilities or autism spectrum disorder
from such inappropriate placement to specialised community care service (Transforming
Care and Commissioning Steering Group 2014). At the end, the report will highlighted few of
the effective recommendations that can be used in order to avoid such events going forward.
Summary of Winterbourne
On 31st May 2011, an undercover agent of BBC Panorama programme exposed the
criminal abuse of the staffs over the patients residing in the Winterbourne View Hospital
located near Bristol UK. The private hospital, founded on December 2006 has an
accommodation of 24 patients. The CCTV footage leaked by BBC news showed that patients
in the Winterbourne hospital were kept under extreme physical restrain, lack of registered
manager along with physical torture and bullying the patients. The TV program also showed
that healthcare staffs are slapping and hurting the patients and forcing them to get on the
floor. At times they used chair to stopped the, from moving, sprinkled water over their face

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and poked their eyes and thereby making their life miserable in the hospital unit (Department
of Health United Kingdom 2014). BBC News reported that 11 defendants (9 support workers
and 2 nurses) admitted 38 different charges of neglect and mal-treatment over five patients
who are suffering from learning difficulties and six were given sentence of imprisonment for
2 years (BBC News 2012).
Laws and policies not adhered
Several safeguarding laws in health and social care were violated in Winterbourne
case (BBC News 2012). The first law that is being violated is Safeguarding Vulnerable Act
(2006). This act mainly prevents the harm or the risk of harm by restricting people with
dubious character from entering into health and social care focused towards vulnerable
children and adults. However, the Winterbourne View case highlighted that ineligible people
are appointed in the hospital unit who physically abused patients and thereby endangering
their physical and mental health and well-being. Following the Winterbourne case, a new act
was proposed in the year 2012 with the name of Independent Safeguarding Authority and this
was subsequently merged with the Criminal Records Bureau and thereby leading to the
foundation of the Disclosure and Barring Service (DBS). The DBS scrutiny is important
while seeking to work in health and social care profession in UK. The DBS scrutiny also
screens workers (voluntary, social or care worker) based on their previous record of having
attempted to harm someone or harmed someone who falls under the vulnerable group of
individuals like people suffering from mental health complications (Social Care Institute for
Excellence 2013). The second act that was violated in this case was Protection of Vulnerable
Adults Scheme (POVA). This act was introduced under the Care Standards Act in the year
2000. The aim of this law was to restrict the entry of any of the working individuals who
have previous case history of abusing or neglecting the individuals having mental health

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complications or other disabilities. POVA also have a stringent list of people who are banned
from working under the care provision of registered home that provides care for vulnerable
group of individuals (POVA 2003). It is questionable in this case whether or not the
employees of Winterbourne View Hospital were stringently vetted for their skills and
qualifications to work with mentally vulnerable group of individuals. The Human Rights Act
1998 came into enforcement in the year 2000. Under the European convention on Human
Rights (ECHR), this act vouch for fair and humane treatment for the all the individuals
residing in UK. The fair treatment vouches for rights towards liberty and security, right for
fair trial and fair treatment and freedom from torture and inhumane activities. Any breach to
Human right is subjected for punishment along with financial compensation. However, the
“Human Rights Act (HRA)” is not modulated by parliamentary sovereignty and it cannot
restrict government from introducing new laws of policies like those including infringement
of human rights. The analysis of the case study of Winterbourne highlighted that the basic
Human Rights of the individuals were not abided by the hospital authority as all the residents
were tortured physically and mentally and they also forced to reside an extreme condition like
locking them in room with zero temperature (Equality and Human Rights Commission 2019).
According to Ann Redropp, the head of CPS Complex Case team, the offerings that occurred
in the Winterbourne View undermined the fundamental human rights of the patients by
brutally harassing them with repeatedly abusing. iTV News (2019) are of the opinion that
when an individual feel that their human right is being breached, they are require to lodge
their complain in court. This is however an expensive and time consuming process and the
victims being mentally disabled, failed to lodge complain. Mental Health Act amended in the
year 2007 is also violated in this case. The Act strengthens the rights of the mental health
patient in availing proper healthcare service irrespective of any discrimination. However he
review conducted over the Winterbourne View Hospital revealed that there is weakness in the