Winterbourne View Case Study

The Winterbourne View Case is regarded as one of the very prominent medical scandal which was undoubtedly an awakening call in the world of health care and medical practices. It also underlines how the legislative and legal authorities of the United Kingdom took immediate and strict action in minimizing these malpractices.

Running Head: WINTERBOURNE VIEW CASE STUDY
WINTERBOURNE VIEW CASE STUDY
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1Winterbourne View Case Study
Executive Summary:
The Winterbourne View Case is regarded as one of the very prominent medical scandal
which was undoubtedly an awakening call in the world of health care and medical practices.
It also underlines how the legislative and legal authorities of the United Kingdom took
immediate and strict action in minimizing these malpractices. The report specifically deals
with varied positive and constructive actions taken by the governmental as well as private
organization in UK to bring a massive positive change in the overall medical practices
observed it the country.

2Winterbourne View Case Study
Table of Contents
Introduction:...............................................................................................................................3
Discussion:.................................................................................................................................4
Critical Review:.....................................................................................................................4
Situation Analysis..................................................................................................................5
Recommendation....................................................................................................................7
Conclusion:................................................................................................................................9
References:...............................................................................................................................11

3Winterbourne View Case Study
Introduction:
A private care hospital situated at Hambrook, South Gloucestershire, Winterbourne
view did attract a lot of negative publicity with wide spread media coverage on the existing
abusive practices undertaken by the institution for months. The Winterbourne view
undercover investigation which was initiated by one of the senior nurses and after a long and
stubborn fight finally the investigation took place on 31st of May, 2011 opening several eyes
and exposed the continuous series of ill treatments and brutal torture meted to the patients
which the authorities and the management were hardly aware of. Thus, the Panoroma
investigation which was broadcasted by BBC showing the whole episode of this undercover
investigation was a sensational discovery which led to the closing down of this hospital in
account of developing a more sound, responsible and safe healthcare structure in Bristol.
Therefore, this report will specifically highlight on the vital insights of the Winterbourne
view scandal, along with critically analyzing the existing legal laws, national policies and
code of practices that must be adhered to by the medical practitioners to abide by the
standards of medical practices. It will also emphasize on the existing disparity between the
medical practices observed and what actually should be adhered to and how this short fall is
impacting the lives of the patients and large. Finally, the report will also emphasize how
varied statutory bodies are working together to bring in a positive change in Bristol.

4Winterbourne View Case Study
Discussion:
Every country does establish a certain legal framework pertaining to which the health
and social care sector operates. Laws are considered as one of the most significant type of
regulation tool. Laws can be constructed by legislature or by the executive or varied other
advocacy groups. The Winterbourne View Scandal is a primary example of how often the
statutory or the regulatory bodies, the health care official and the society at large fails to
address sever medical crisis and altogether brings a shame on the complete medical and
healthcare structure of the nation.
The Winterbourne view scandal exposed the loopholes in the overall managerial
policies, legislation and statutory laws of the land that enabled the hospital outlet to carry
along with such abusive practices over emphasizing on the needs of having a proper legal
framework to ensure smooth and ethical operation of the medical practitioners as well as to
ensure that the country’s health system is well organized, properly governed and adequately
financed. The winterbourne view scandal is a clear case of multiple agency failure that
completely ignored the signings of warning from a long period of time (Plomin, 2013). The
shortcomings in the legal and managerial structure coupled with unawareness, negligence and
carelessness on the part of these managerial authorities made the situation more severe. The
Care Quality Commission (CQC) blindly believed that the medical staffs in Winterbourne
View hospital were following the rules as assigned; the Safeguarding Adult Board should
have been more concerned in constructing strict regulating laws and proper code of conduct
for the medical employees to avoid such crisis. The National Health Service organization
never conducted a proper safety and standard check measure and continued to put in people
with autism and other such understanding disability in the Winterbourne View hospital
without ever enquiring about the actual existing condition inside the hospital (Archer, 2017).

5Winterbourne View Case Study
The councils, along with the Care Quality Commission, the National Health Commission
who work together to ensure healthy and safe positive environment to specially abled adults
who need special help and care did receive several warnings regarding the mal handling of
the patients that was practiced in this public funded hospital however no attention was paid to
it. The Winterbourne View is an evident example of how the national laws and policies were
overlooked not once, but several times which ultimately increased the overall loss of life and
suffering of the patients. Even when a senior nurse, Terry Byran reported about this
malpractice to the management of Winterbourne View hospital it was completely ignored
(Parish, 2013). There were nearly 150 separate incidents including the inspections by the
police attendants inside the hospital, along with the visit of varied official bodies. This
unacceptable approach on the part of medical practitioners led to a huge cry among the
general masses.
It was only after the submission of a written petition to the Prime Minister David
Cameron about these heinous practices that the investigation began which in turn led to the
discovery of some very disturbing and shameful incidents that the patients of Winterbourne
View hospital had to endure. These patients who suffered from severe learning disabilities
and autism were brutally abused physically as well as tortured mentally. The patients were
bullied, beaten, left under cold shower, poked in their eyes and unconditionally made to
suffer for hours (Phelvin, 2014). Exposure of such heinous crimes compelled the Prime
Minister to seek community based support to addresses these sensitive issues in a more
critical manner. Moreover the Care Quality Commission did receive severe criticism for
continuously ignoring such reports of abusive which required immediate attention and
control. The basic reason which can be held accountable for the continuation of such illegal
and unethical practice was the inability of the hospital management and statutory and
regulatory authorities to train the staffs, the misconduct and malpractices observed by the

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hospital staff and the widespread unawareness on the part of the patient’s families and the
society at large. The patients who were tortured often tried to communicate with their
families, but were never heard or believed.
This whole communication gap let to a severe crisis among the patients who were left
unattended and helpless under such tormenting condition. The Primary care trusts who
appointed medical staffs in the hospital never actually investigated neither set any
performance target for the company. The safeguarding agencies also seemed quite ineffective
in improving the situation existing in Winterbourne View. Approximately forty safeguarding
alerts were issued, allegations were made against the medical staffs but no strong action was
initiated nor implemented to put a check on the existing medical crisis (Ferguson and
Lavalette 2013). The primary outcome of these mal practices attracted media attention and
finally let to the exposure of these malpractices leaving the world shocked and terrified at the
degrading condition and system of healthcare industry. The undercover footage shot by BBC
Panorama compelled the Community Quality Control department issue a nationwide check
on the working and services of varied other hospitals and healthcare units owned by
Castlebeck Care- the parent company of Winterbourne View (Manthorpe, et al. 2016). Thus
critically analyzing such a terrible condition the most obvious outcome of such a heinous
incident was people had lost faith on the whole medical industry which is expected to be all
about patient welfare and society’s wellbeing (Glasper, 2018). The most evident outcome
was the regulatory bodies along with varied advocacy groups aimed at promoting patient
welfare continuously compelled the hospitals and medical institutes to observe a certain code
of conduct. It required the commissioners to ensure that people with issues of learning
disabilities and specifically autism should essentially receive community support.
Investigations must be conducted in hospitals to check that the staffs are equipped with up-to-
date knowledge about the patient’s history. Feedback and complaint procedure must be made

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strong enough to get an uninterrupted access regarding the actual conditions of the patients. It
is also very crucial for hospitals those who deal with adult learning disabilities and autism to
consider themselves as “high-risk services” thus ensuring more sensitive handling of issues
and patient care services (Kister, et al. 2013).
The basic relation between law, policy and ethics in accordance to the existing
medical practice in any nation can be analyzed by understanding the very purpose and need
for having a strong legal framework of operation. This not only ensures a sound legal
roadmap for strategizing the national health planning policies but also helps in turning
varied health policy objectives into real actions by involving the health ministry and such
organizational support (Gostin and Sridhar, 2014). Thus the government experts have taken
urgent steps in incorporating multidisciplinary team in hospitals where the medical staffs
work with close association with varied social workers providing utmost care and cooperation
among staffs and patient care operations. Theses multidisciplinary teams are responsible in
keeping a check on inappropriate placement of patients receiving wrong treatment,
rectification of inappropriate care models as well as (Flynn and Hollins, 2013). After the
exposure of the Winterbourne View scandal, the Care Quality Commission took proper
initiatives and inspected almost 132 similar medical institutions which threw light on the
widespread malpractices of hospitals and varied other medical institution. Exposing the
undercover footage of Winterbourne View hospital not only led to the shutting down of the
hospital but also initiated larger transformation in the medical services. Castlebeck which ran
chain of hospitals around the UK faced serious crisis and the services were completely closed
down. The National Health Service Transforming Care program did initiate the action of
aiding hundreds of these disabled patients to come under the preview of community care
cells. Recent health care analysis by the Dispatches program identified that majority of the
Winterbourne view residents today almost after eight long years are living comfortably in

8Winterbourne View Case Study
their own residence with proper 24 hours care service at their disposable. However there are
certain basic disadvantages or core side effects when it comes to government’s participation
in the healthcare system. It often weakens the normal functioning of the market mechanism
as well as intervenes with the independent functioning of the medical practitioners. This tight
control measures needs to be exercised adequately to keep a check and balance policy
between the infrastructural mechanism and government interventions.
Recommendation
In response to the Castlebeck and Winterbourne View case, the Care Quality
Commission published its own management review report giving special emphasis on
integrated care solutions providing special emphasis on inputs and special staffing process
and recommendations (Glasper, 2015). The legislative steps which were initiated after the
exposure of the Winterbourne View scandal was aimed at maintaining equity and ensuring
absolute welfare of every individual citizens and especially for the disabled. Under the
Equality Act of 2010, the Care Quality Commission ensured proper and standard care and
facility for all irrespective of the age, disability, gender, religion, or sex orientation (Moulster
and Iorizzo, 2014.). The medical practitioners need to aware of these laws while
implementing any medical or health care strategies in the medical institutions. For instance
the antitrust law completely deals with exposing the illegal and unacceptable practices of the
health care professionals when certain expected standards are not met (Veitch, 2017). The
Health and Social Care Act 2012 completely pertains to taking special care on regulating
adult social care services by the health care homes and medicinal institutions (Speed and
Gabe, 2013). Community-based adult care initiative were arranged to put this noble principle
into actual practice the Care Quality Commission incorporated a human right approach to
these adult social care regulation. United Kingdom’s health care system is considered one of
the most developed and significant amongst others. The key concern of National Health

9Winterbourne View Case Study
Services is to have no compromise in the quality of health care facility. The health care
insurance is regulated by mainly 3 primary bodies in England. The Healthcare Commission,
the Commission for Social Care Inspection and The Mental Health Act Commission
(Hawkins, et al. 2013). After the enactment of the Social Care Act 2012, there came in a
substantial change in way the medical practitioners operated in England. Sufficient Budget
allocation is very much needed and given considerable importance for local community
welfare. Moreover there have been special provisions made for the disabled with a special
Disability Allowance and Attendance Allowance (Lindsay and Houston, 2013) for
individuals with special care need requirement. Integrated care units developed
tremendously in 2012 Act developing extremely closer links between hospitals and
community based health care units. In the year 2013 the federal government started a
National Disability Insurance Scheme, which aimed at providing greater support to the
special needs of this population.
The NHS Five year Forward View aims at developing new model cares which
special emphasis on presentation and integration with communities’ voluntary and third
sector organizations. This quality and outcome framework analysis in UK is specially meant
for measuring the quality of medical treatment generated by the practitioners. Introduced in
2004, it gained prominence in 2005 (Shortell, 2015). The legislations looks forward to
improve the quality of health services through providing incentives as well as allocating
special reward points by taking proper feedback from the patient. Several national, private
organizations as well as state government agencies are continuously working towards
keeping a tight check on any kind of medical ill practices.

10Winterbourne View Case Study
Conclusion:
Health care services are publically funded in UK and the potential delivery of these
health care services is regulated by almost ten strategic Health Authorities, locally
accountable trusts and other advocacy groups. The Winterbourne View scandal altogether
brought a revolutionary change in the medical structure of varied nations. The
recommendations suggested by the Care Quality Commission, the Primary Care Trusts the
Strategic Health Authorities and the Countryside Agencies are considered vital keeping in
assessing the standard of healthcare services which needs to be assured in every country. The
health care practitioners must understand the importance of their profession and preserve the
sanctity of the same. There is certain core medical issues which often make the medical
practitioners perplex and extremely tensed. For instance in case of removing life support
system of any terminally ill patient or caring for patients with little or no insurance. The UK
laws do not allow for Euthanasia, the medical practitioners need to be aware of these
concerns. The laws and regulations concerning medical practice of UK are solely regulated
by quality control initiatives. There are varied ranges of allowances given to the disabled
patients for ensuring persona care benefit to them. Thus the Winterbourne View case was
indeed a shocking incident in the history of medical infrastructure existing in UK which it
turn alarmed the country to take stringent actions against such medical malpractices.

11Winterbourne View Case Study
References:
Archer, M., 2017. The importance of compassion within health and social care. British
Journal of Healthcare Assistants, 11(8), pp.392-398.
Ferguson, I. and Lavalette, M., 2013. The crisis in adult social care. Adult social care, p.161.
Flynn, M. and Hollins, S., 2013. Acting on the lessons of Winterbourne View Hospital.
Glasper, A., 2015. New CQC standards for healthcare delivery. British Journal of
Nursing, 24(9), pp.500-501.
Glasper, A., 2018. How sharing concerns about healthcare delivery can enhance patient
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Panorama programme “Behind Closed Doors: Social Care Exposed” and care staff reflections

12Winterbourne View Case Study
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