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8th June 2016

Dear Mr Burt,
Thank you for your letter of May 10th 2016,
Firstly I would point out that PIDA is not the remit of The Home Office, the Department responsible is Business,Innovation and Skills. However I can understand your confusion as the Criminal offences that are part of many PIDA cases are certainly not a matter of business but of criminal justice.

The other points you refer to separately are in fact all connected.
Abuse, Neglect and Poor Care.
My concerns are directly linked to the lack of legal protection for Whistle-blowers. I have submitted comprehensive evidence to Government, (Breaking The Silence Parts 1,2 and 3) Parts 4 and 5 will be published later this year.

The current law PIDA needs to be scrapped and replaced by Edna s Law, then and only then will abuse be stopped.

The CQC.
Our Evidence “CQC An On-going concern” clearly demonstrates what the issues are. Edward Skyers is just one of many who have suffered and died because staff concerns were noted by the CQC and like many of the homes we highlight every day, CQC note such concerns year after year but nothing changes.

Because whistle-blowers are not protected when they report abuse, not only does the abuse continue but no one is ever held to account. For example we have highlighted an established pattern in whistle-blowing cases that shows the whistle-blower is forced from their job whilst the person who caused them harm and failed to act on their disclosures goes on to thrive. That is why historical whistle-blowing cases must be re-opened, whether they be in the public or private sector, those responsible for harming whistle-blowers and covering up abuse must be held to account. Only Edna s Law will ensure future accountability.

Des Kelly OBE
Is a key adviser to the CQC, successive Governments, and The Health Department. In fact he has played a key role in every piece of legislation in the regulation of Care Providers, including the CQC new inspection regime and the Care Certificate you refer to.
However a signed witness statement from the head of Bromley’s SSRI, the equivalent of the CQC at the time states that Des Kelly was contacted to stop him placing a known abuser in a care home. Mr Kelly then went on to place this abuser in another home. In total this abuser was placed in three further homes. Apart from the above statement there is FOI evidence and hundreds of corroborating pieces of independent evidence. Mr Kelly has also played a part in advising on “The fit and proper persons test”.

Regarding your points on holding company directors to account, firstly fining Multi Billion pound company’s is hardly accountability. Health and Safety have imposed huge fines on such companies but it has not stopped the same incidents happening again and again. See Breaking The Silence part 3.
Only Edna s law will deliver true accountability.

Proposed Round Table Meeting.
I have always made it clear that I will not attend a meeting where anyone present has directly harmed a whistle-blower or a vulnerable person. I have not received a full cast list for next weeks proposed meeting so will make a decision once I have received this list.

This Charity takes a stand by serving only the vulnerable and those whistle-blowers who try to protect them. We do this by not taking money from Government or Care Industry.
We can not remove all those in positions of power like Mr Kelly and others whose self-serving and self preservation no matter what the cost has resulted in so much suffering. But we can take a stand by having no association with such people until the day Edna s Law truly holds these individuals to account.

Yours Sincerely

Eileen Chubb
Director and Founder of Compassion In Care
Co-Founder and Director of The Whistler