15/05/2013
Legal intelligence for professionals in health and social care
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
If you have been forwarded this update by a colleague and would like to receive it directly, please email Claire Bentley.
Care
Publications/Guidance
Ordinary residence: Guidance on the identification
of the ordinary residence of people in need of community care
services, England. This DH guidance explains how to decide
where a person is ordinarily resident for the purposes of the
National Assistance Act 1948 and certain other legislation. It is
applicable to local authorities with social services
responsibilities and sets out how to identify where responsibility
lies between authorities for the funding and/or provision of care
for people aged 18 and over who are assessed as needing social care
services. It has been updated to take account of the NHS reforms
that came into effect on 1 April 2013.
Consultations
Oversight in adult social care – The consultation
response. Sets out the Government's response to the
consultation on measures to protect people who rely on care
services, in the event of provider failure. It confirms that the
Government will introduce a system of central supervision by the
Care Quality Commission for the 50 - 60 largest care providers.
Where smaller providers leave the market, local authorities will
continue to be required to make sure that people are given the
necessary support if they need to arrange alternative care.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section
please contact Stuart Marchant or Carlton
Sadler.
Children
Publications/guidance
Lead Member for Children’s Services briefing on
School Health Service. From April 2013, local authorities are
responsible for delivering and commissioning public health services
for 5 - 19 year olds. This includes providing prevention and early
intervention services, addressing key public health issues and
delivering the Healthy Child Programme. School nurses are skilled
in delivering these services and can work with local authorities to
deliver effective public health programmes. This briefing from the
Local Government Association and the DH provides an overview of the
School Health Service and shares top tips to help Lead Members for
Children’s Services think about how they can use the School Health
services to deliver better health outcomes for 5 - 19 year
olds.
Report of the external review of children’s congenital cardiac surgery service at Leeds Teaching Hospitals NHS Trust. This report is the output of the independent review team that formed part of the first stage of the review into children’s heart surgery at Leeds. It looked at systems within the unit and found that there were no immediate issues that would prevent a resumption of surgery.
Commissioning a good child health service This guidance aims to highlight key areas for commissioners to address as local strategies are developed and services commissioned, including: inappropriate A&E attendances; prenatal and adolescent mental health issues; neonatal feeding problems; children with chronic and long term illness; school issues; and safeguarding and the needs of looked after children. It also places strong emphasis on accountability, encouraging all stakeholders to take responsibility for local care through an agreed annual delivery plan within key delivery areas.
The guide to tailoring immunization programmes (TIP): increasing coverage of infant and child vaccination in the WHO European Region. This TIP guide helps national immunisation programmes design targeted strategies to improve vaccination levels among babies and young children. It provides tools to identify susceptible populations, determine barriers to vaccination and implement evidence-based interventions.
News
School nurses to play a bigger role in improving
children’s health. Announces plans for school nurses and their
teams to lead a new, strengthened and more tailored school nursing
service which means better care and support for children, including
those with disabilities and complex emotional needs.
National MMR vaccination catch-up programme
announced in response to increase in measles cases. Announces a
vaccination programme to prevent measles outbreaks by vaccinating
as many unvaccinated and partially vaccinated 10-16 year-olds as
possible in time for the next school year.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact Deborah Jeremiah or Penelope Radcliffe.
Clinical Risk/Health and Safety
Publications/Guidance
General Practice Nurse Competencies. A new
framework will support nurses in general practice to become and
remain competent. It has been published by the Royal College of
General Practitioners with contributions from the Royal College of
Nursing (RCN) practice nurse forum steering committee. The
intention of the document is to ensure that a standard level of
competency is achieved by all general practice nurses (GPNs)
working in primary care teams within 18 months of starting
employment.
Patterns of maternity care in English NHS
hospitals This report presents findings of a study of hospital
episode statistics data which found that wide variation in practice
and outcomes exists across maternity units in England. The report
makes a number of recommendations including calls for units to use
the indicators as a basis for reflection upon current practice and
recommends that units should audit themselves against existing
clinical guidelines to help identify causes of variation at a local
level. It also highlights the need for clinicians to take ownership
of their own data in order to drive up data quality.
Clinical audit: statutory and mandatory
requirements. This table provides a summary of the current
statutory and mandatory requirements imposed on healthcare
providers working in the NHS in England. It includes the 2013/2014
NHS Standard Contract, the introduction of the NHS provider licence
by Monitor, changes to the foundation trust annual report, and the
review of the NHSLA clinical negligence schemes.
Delivering high quality care for patients: The
accountability framework for NHS Trust Boards. This framework
is designed to support NHS Trust Boards to have real clarity about
how the NHS Trust Development Authority (NHS TDA) will work with
them on every aspect of their business – how Boards will be held to
account, what kind of support they can expect from the NHS TDA and,
ultimately, how they can cement their success in improving the
quality of care they provide by achieving Foundation Trust status.
It sets out a clear set of rules under which NHS Trusts should all
operate, underpinned by clear principles which should guide their
judgement, both on the day to day decisions they take as well as
the long term strategic ambitions they drive forward.
Revised Serious Incident framework. CCGs play a
key role in holding their provider organisations to account for
management of and responses to serious incidents. NHS England has
developed and published this revised framework for serious incident
management in the NHS, which explains CCGs’, providers’ and other
organisations’ responsibilities when managing serious incidents. It
also provides links to and further information about the tools
available to help the new commissioning system from April 2013. It
does not fundamentally alter the principles set out in the National
Patient Safety Agency’s 2010 National Framework for Reporting and
Learning from Serious Incidents Requiring Investigation and
elsewhere, but does update them to reflect the new commissioning
arrangements. CCGs should be familiar with the expectations around
serious incident management and to ensure their provider
organisations are equally aware of the framework.
National Framework for NHS Continuing Healthcare and NHS Funded Nursing Care. This guidance sets out the principles and processes of the National Framework for NHS Continuing Healthcare and NHS Funded Nursing Care. It has been revised to reflect the new NHS framework and structures created by the Health and Social Act 2012, effective from 1 April 2013. The associated tools (a checklist, decision support tool and fast track pathway tool), which are designed to assist clinicians and practitioners with the decision making process, have also been revised accordingly.
Countering the biggest risk of all: attempting to
govern uncertainty in healthcare management. This report
develops an approach to engaging healthcare boards in the
meaningful use of risk management to effectively govern complex
organisations such as hospitals and other healthcare bodies. It
provides a conceptual framework for the governance of risk, and
poses a series of key questions for boards to ask of
themselves.
The measurement and monitoring of safety. This
framework highlights the following five dimensions, which the
authors believe should be included in any safety and monitoring
approach in order to give a comprehensive and rounded picture of an
organisation’s safety: past harm; reliability; sensitivity to
operations; anticipation and preparedness; integration and
learning. The Health Foundation is seeking the thoughts and
insights of a wide range of stakeholders – from those with a
specialist role in patient safety, those involved in direct care
delivery, patients and carers and the public in general. Deadline
for responses is 1 July 2013.
The medical patient at risk: recognition and care
of the seriously ill or deteriorating medical patient This
toolkit recommends that patients admitted as emergencies should
only transfer out of the acute medical unit to a ward area that has
facilities to meet their clinical needs. It makes recommendations
for the use of the National Early Warning Score (NEWS), launched by
the RCP in 2012, in order to rapidly identify patients who are
severely ill or at risk of sudden deterioration.
Patterns of maternity care in English NHS
hospitals A study of hospital episode statistics has found wide
variation in practice and outcomes across maternity units in
England. The report makes a number of recommendations including
calls for units to use the indicators as a basis for reflection
upon current practice and recommends that units should audit
themselves against existing clinical guidelines to help identify
causes of variation. It also highlights the need for clinicians to
take ownership of their own data in order to drive up data
quality.
Protecting healthcare workers from sharps
injuries This briefing outlines information regarding new
regulations implementing EU law (the Sharps Directive) which comes
into force across the UK on 11th May 2013. Key changes and
implications for the NHS are discussed. If you would like more
information about the impact of the new regulations contact
Simon Lindsay.
Keogh mortality review data Detailed data about
the first four of the fourteen hospitals involved in the review has
been published. The review is reviewing data from hospitals with
higher than expected mortality rates for more than two years.
Legislation
New regulations on preventing sharps injuries in
the healthcare sector Regulations controlling the risks posed
by needles and other medical 'sharps' such as blades and razors
will come into effect from 11 May 2013. The regulations aim to
minimise the risk of sharps-related injuries and potential
contamination for healthcare practitioners. If you would like more
information about the impact of the new regulations contact
Simon Lindsay
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact Joanna Lloyd, Stuart Marchant or Julie Chappell.
Commissioning
Publications/Guidance
RCGP commissioning guidance in end of life
care. This guidance provides a six-step framework and overview
to support the delivery of practical improvements across the
health, social care and voluntary and independent sectors. It aims
to ensure that the needs of dying patients and those closest to
them are paramount whilst services are commissioned and developed
around them. It cautions that improvements in treating long term
conditions, dementia, frailty and reducing hospitalisation cannot
be achieved unless end of life care is seriously considered and
integrated.
Ambition, challenge, transition: reflections on a
decade of NHS commissioning. This report marks the end of a
significant period of transition for NHS commissioning. It includes
interviews with 20 leading figures from this period in an attempt
to capture critical lessons and translate them into messages that
are relevant to new commissioners. It is intended to be a practical
and supportive product for colleagues in the new system, with
resonance for commissioners in CCGs, local authorities and NHS
England.
Transforming our health care system: Ten priorities for commissioners. This updated paper (originally published in 2012) identifies key actions to help commissioners transform the health care system in the new commissioning landscape.
Commissioning HIV testing services in England: a practical guide for commissioners. This toolkit and appendices are designed primarily for those with responsibility for commissioning HIV testing services. It signposts readers to data and research on HIV testing, showcases best practice and offers suggestions of how to decide what sort of services are needed in different areas. It will be refreshed when new case studies of successful HIV testing initiatives or up-to-date evidence and data come to light.
Bevan Brittan Updates
Transforming Community Services – the Refresh. Many of
the initial commissioning contracts put in place for the transfer
of PCT provider arms to new providers under the Transforming
Community Services initiative will come to an end in less than a
year on 31 March 2014. CCGs will need to rapidly address
replacement arrangements including how this may advance the
transformation of community services and deliver improvements in
quality and cost effectiveness. This is particularly the case where
procurement will be needed to select the new provider(s).
In this article we address some of the key issues that
commissioners will need to consider in putting in place the new
arrangements.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website. Bevan Brittan
has been heavily involved throughout the Mid Staffordshire Inquiry
proceedings as a recognised legal representative and
we continue to assist clients with implementing
recommendations and instituting best practice following
the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you require further information about any of the items raised in this section please contact David Owens.
Complaints
Publications/guidance
The hospital complaints system: a case for urgent
treatment? This report highlights systemic problems leading to
missed opportunities to learn from mistakes and make NHS hospitals
better. A 2012-13 analysis of the main reasons why patients, their
families and carers brought their complaint to the Ombudsman after
their hospital has failed to deal with it include poor
explanations, no acknowledgement of mistakes, inadequate financial
remedy and unnecessary delays.
Grumbles, gripes and grievances: the role of
complaints in transforming public services. This report looks
at how complaints could help to transform public services and
whether complaints could potentially lead to innovation. It
investigates to what extent complaints help public services to
adapt to today's rising and complex demands. It also asks how
public services could use complaints to listen and engage with the
public as co-producers of better outcomes.
Department of Health complaints handling
performance.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss the issue of complaints more generally please contact Julie Chappell.
Employment/HR
Publications/Guidance
Whistleblowing and gagging clauses: the Public Interest
Disclosure Act 1998. This note outlines information about the
Public Interest Disclosure Act 1998 came into force on 2 July 1999.
The Act protects workers that disclose information about
malpractice at their workplace, or former workplace, provided
certain conditions are met.
A
study to assess the impact of continuing professional development
(CPD) on doctors’ performance and patient/service outcomes for the
GMC. This study was commissioned by the GMC and carried out by
the Academic Unit of Primary Care at the University of Sheffield.
It examines the role of CPD for doctors and the wider impact of
this for patients, colleagues and employers; the impact of CPD on
performance and confidence; and how CPD may help doctors to stay
engaged and strive towards excellence.
The use of compromise agreements and
confidentiality clauses. This guidance aims to help outline
some of the legal boundaries employers need to think about when
considering the use of compromise agreements in terminating
employment. It clarifies: what a compromise agreement is; when to
use a compromise agreement; the statutory requirements; and the
types of confidentiality clauses that can be legitimately used.
Cohort study: 2006 medical graduates. This longitudinal study of medical graduates of 2006 finds that more than one in four junior doctors feel they do not have the time to deliver the quality of care that patients deserve. It also highlights problems with staffing shortages and rising levels of stress.
Tracking staff moves during transition: people tracker. This publication reports on the movement of staff as a result of changes to the health and care system. It includes details of people who have moved to new roles in health and care, people who have left the system and people who have been made redundant. It also reports on the transition's impact on the equality profile of staff in organisations which have closed.
Bevan Brittan Updates
Disability and recruitment. Anne Palmer
looks at a recent case concerning whether a prospective
employer knew about the disability of a job applicant - and also
provides some practical tips on the tricky question of handling
recruitment and disability issues.
Employment news round-up April 2013. Jaspal Basra reports on April’s employment law developments which impact on HR: new collective redundancy arrangements; the latest on vetting and barring employees following the recent Human Rights challenge to the UK’s arrangements; doctors and social media; TCS and pay protection arrangements; new consultations on whistleblowing and simplification of auto-enrolment; quarterly employment tribunal statistics are in and we set out the new minimum wage rates, effective from October. Finally, we provide an update on where we are with the ‘ping pong’ of the ‘employee-shareholder’ scheme, which has been flying back and forth between the House of Lords and the House of Commons and has finally become law.
Engineered redundancies…? Two recent cases from the Employment Appeal Tribunal have upheld the fairness of dismissals where redundancy could, arguably, have simply been the pretext for the dismissal of poorly performing employees. In one case the employer recruited an employee knowing that they would be surplus to requirements and then dismissed the remaining employee; in the second case there was evidence that the employer had concerns about the employee’s capability prior to selection for redundancy. Does this show, where there is a redundancy situation, a trend towards tribunals not looking too closely at other possible reasons for dismissal? Sarah Lamont reports.
Bevan Brittan Events
Workforce Forum: Birmingham. 13 June 2013 : 6.00pm - 7.30pm
(Registration at 5.30pm) Location: Birmingham. Our Workforce Forum is an
interactive peer group for Directors of Human Resources focusing on
strategic workforce issues. These sessions, which are held under
the Chatham House rule, involve the combination of brief
presentations from high-level guest speakers, from both the private
and public sectors, within an informal environment, where everyone
is able to ask questions and make their own contributions. The
sessions provide an excellent opportunity to exchange views, share
knowledge and network with peers and other senior individuals
within the NHS workforce landscape.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you require further information about any of the items raised in this section please contact Julian Hoskins or James Gutteridge.
Estates and
facilities
Funding arrangements for the costs of properties transferring to NHS Property Services Ltd and Community Health Partnerships Ltd in 2013-14. This letter explains funding arrangements for the cost of properties transferring from PCTs. The main principle is that NHS bodies previously funded the holding and operating costs of the properties and they will continue to do so.
Health Building Note 15-01: accident & emergency
departments: planning and design guidance. This updated
guidance provides information on how to approach a new build or
redesign an A&E department. It is specifically aimed at senior
emergency clinicians and designers given their important role in
making a new build successful.
Design for public good. This report describes
the key benefits of design thinking for governments across the
European Union (EU). It aims to promote design-led techniques for
use across the EU as a means of staying competitive and creating
sustainable and flourishing societies. It includes case studies
which illustrate the benefits of a design-led approach and uses a
case of systemic change in reducing violence and aggression in
A&E services.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you require further information about any of the items raised in this section please contact Rob Harrison.
Finance
Publications/guidance
Cancer's hidden price tag: revealing the costs
behind the illness. This research was commissioned in order to
calculate the financial impacts of cancer, revealing just how hard
the costs are hitting patients. It shows that financial support is
not always easy to access or good enough for cancer patients. The
benefits system can be complex and difficult to understand. People
are not always aware of the financial help available to them, such
as free prescriptions.
Health expenditure. This briefing note on healthcare
expenditure in England has been updated to reflect changes in NHS
finances.
Attributing the costs of health and social care
research (AcoRD). This guidance provides a framework for the
NHS and its partners to identify, attribute and recover the various
costs associated with research in the NHS, in a transparent, robust
and consistent manner. It clarifies the distinction between the
three costs of research: Research Costs, NHS Support Costs and
Treatment Costs. The annexes set out a list of common research
activities attributed to the research costs, NHS treatment costs
and NHS support costs, and frequently asked questions.
Improving the allocation of health resources in
England: how to decide who gets what. This paper explores how
the health resource allocation process and the formula on which it
is based have changed over time, and how it will work from April
2013. It suggests practical improvements to the current system, and
explores the ways in which different models of resource allocation
can be used to support alternative visions of the NHS including:
more clinically led; driven by outcomes; more integrated and
provider led; or more integrated with other services through a
‘single budget’.
Public sector leaders: views on public services and
economy. This omnibus survey of chief executives, directors and
senior managers in the public sector shows that funding and budget
cuts are still the top concern for leaders across the public
sector. 84 per cent of leaders were shown to believe that their
organisation has been affected a great deal or fair amount by cuts
in public spending. Savings implemented include: working in
partnership with different organisations to reduce costs; cut backs
on pay increases; and a reduction in spending on managerial
functions as well as back office functions.
Delivering public services: the growing use of Payment by Results (PbR). This briefing examines some of the arguments for and against PbR and looks at current and planned projects in rehabilitation, welfare to work, the NHS, children’s social services and with rough sleepers and with vulnerable young people.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact David Owens.
GovernancePublications/Guidance
Quality governance: How does a board know that its
organisation is working effectively to improve patient care?
This guidance from Monitor allows trusts to satisfy themselves,
patients and Monitor that effective arrangements are in place to
continuously monitor and improve the quality of health care
provided. it has been developed to support the Quality Governance
Framework and its samples of good practice and does not seek to
replace it. In particular, this guidance should support NHS
foundation trusts in making the Corporate Governance Statement
required under Monitor's new licence conditions. It can also
support aspirant NHS foundation trusts in making their board
statement on quality governance as part of Monitor's assessment
process. It is particularly relevant and timely in the context of
the Report of the Mid Staffordshire NHS Foundation Trust Public
Inquiry which was published in February 2013, whose recommendations
highlight the importance of quality governance and quality
assurance arrangements within the NHS.
Frontline first: nursing on red alert. This report has found that the number of district nurses in England fell by 39 per cent between 2002 and 2012, while preventable emergency admissions rose by 40 per cent over the same period. It identifies areas for improvement in order to avoid a nursing crisis in the future, including boards regularly monitoring up-to-date information on their workforce and greater investment in community and specialist nurses, who manage long-term conditions and reduce consultant appointments and hospital visits.
Acute trust quality dashboard This tool brings together indicators focusing on an acute provider from a variety of sources providing an indication of quality across the five domains of the NHS Outcomes Framework and a sixth domain: organisational context. It aims to allow NHS analysts to explore the data within their own organisation in more detail.
Bevan Brittan Updates
Quality Governance: How does your board know that its organisation
is working effectively to improve patient care? Monitor
has issued its latest guidance “Quality Governance: How does a
board know that its organisation is working effectively to improve
patient care?” The Guidance is addressed to boards of NHS provider
organisations. However, it has application across a range of
functions, including senior management, internal and clinical
audit, and clinical and nursing services.
Performers List matters – an introduction to the new framework and an overview of its application. The National Health Service (Performers Lists) Regulations 2004 were revoked with effect from 1 April 2013. The applicable regulations for England from that date are set out in the National Health Service (Performers Lists) (England) Regulations 2013.
In line with the regulatory changes, NHS England has published guidance in relation to its new policy and procedures relating to the identification, management and support of underperforming performers. This document summarises some of the key elements of that guidance.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you require further information about any of the items raised in this section please contact David Owens.
Information and Data SharingPublications/guidance
Caldicott Review: information governance in the
health and care system. Following a request from the Secretary
of State for Health, Dame Fiona Caldicott carried out this
independent review of information sharing to ensure that there is
an appropriate balance between the protection of patient
information and the use and sharing of information to improve
patient care.
The Health Secretary has responded to the report,
announcing that any patient that does not want personal data held
in their GP record to be shared with the Health and Social Care
Information Centre will have their objection respected, and where
personal data has already been shared from a GP practice to the
Information Centre, a patient will still be able to have the
identifiable information removed. The Government will publish its
full response to the review in the summer.
Online medical records and the doctor-patient relationship This report draws on surveys commissioned by MPS which asked patients and doctors' views on online medical records.One of the issues highlighted is the disparity between the services that patients expect they will receive through online access to their records and what doctors think is realistic in the immediate term. The report also highlights issues around security; purpose of record; vulnerable people; and sensitive information.
News
European Medicines Agency receives interim
decisions of the General Court of the EU on access to clinical and
non-clinical information. The European Medicines Agency (EMA)
has been ordered by the General Court of the European Union not to
provide documents as part of two access-to-documents requests until
a final ruling is given by the Court. These interim rulings were
made as part of court cases brought by two pharmaceutical
companies, AbbVie and InterMune. The companies are challenging the
Agency’s decisions to grant access to non-clinical and clinical
information (including clinical study reports) submitted by
companies as part of marketing-authorisation applications in
accordance with its 2010 access-to-documents policy.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact Jane Bennett.
InquestsPublications/guidance
Implementing the coroner reforms in Part 1 of the
Coroners and Justice Act 2009: A response by the Human Tissue
Authority. A Human Tissue Authority publication sets out its
response to a Ministry of Justice consultation on the
implementation of the coroner reforms in the Coroners and Justice
Act 2009 Pt 1.
Legislation
The Coroners and Justice Act 2009 (Consequential Provisions) Order
2013. Explanatory memorandum.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact Joanna Lloyd.
Mental Health
Bevan Brittan Mental Health Extranet. - This is a free resource for Bevan Brittan NHS clients. Bevan Brittan has a wealth of mental health knowledge it would like to share with NHS clients. We have therefore developed an online searchable extranet designed to bring various sources of mental health information and guidance into one place. If you would like information about how to access the Bevan Brittan Mental Health Extranet please email Claire Bentley by clicking here.
Training - If you would like to know about our lunch time training sessions just ask Claire Bentley. You can attend in our London, Bristol or Birmingham office.
Publications/Guidance
Ordinary residence: Guidance on the identification
of the ordinary residence of people in need of community care
services, England. This DH guidance explains how to decide
where a person is ordinarily resident for the purposes of the
National Assistance Act 1948 and certain other legislation. It is
applicable to local authorities with social services
responsibilities and sets out how to identify where responsibility
lies between authorities for the funding and/or provision of care
for people aged 18 and over who are assessed as needing social care
services. It has been updated to take account of the NHS reforms
that came into effect on 1 April 2013.
Rights, risks and responsibilities in service
redesign for vulnerable groups. This publication looks at the
implications of service redesign – the potential loss and
fragmentation of specialist knowledge, expertise and staff, and the
consequent effect on delivery of high quality services for
vulnerable groups such as children, older people and those with
learning disabilities or mental health conditions. While aimed
primarily at nurses working with vulnerable groups, the core
principles identified may be helpful for any member going through a
process of service redesign.
Mental Health Bulletin: Annual report from MHMDS returns -
England, 2011-12, further analysis and organisation-level data.
The figures in this annual report provide a more comprehensive
picture of people using adult specialist mental health services
than has been published before. The new version of the dataset
(MHMDS v4) that underpins this annual report was introduced in
April 2011/12, with changes to the way some data was collected and
processed and these have contributed to a significant increase in
overall numbers. The report also uses the latest population figures
from the 2011 census. This report therefore contains a reduced set
of time series analyses and effectively presents a new baseline for
some established measures, particularly those relating to people
only in contact with community services. For operational reasons
the 2011/12 Bulletin has been published in two parts. The initial
publication on February 19th 2013 contained a report and data
tables based on national figures. This second release on 30th April
2013 adds organisational level analysis and a machine readable file
of underlying data for some useful measures. It also introduces
standardised rates of access at Primary Care Trust (PCT) level to
specialist mental health services, based on 2011 Census data
Making the difference: the role of adult social care services for vulnerable offenders. This joint briefing paper from the Revolving Doors Agency, the Prison Reform Trust, the Centre for Mental Health and the Association of Directors of Adult Social Services (ADASS) outlines how directors of adult social services and lead members can develop co-ordinated, effective support for people with multiple needs in, or on the edge of, the criminal justice system. It provides guidance for social care leaders to support the realisation of these outcomes for people with multiple needs in contact with the criminal justice system, outlining how this can be achieved through influencing local strategies, forming partnerships and offering personalised support.
References by the Secretary of State for Health to
the First-tier Tribunal. Sets out when the Secretary of State
can refer patients to the First-tier Tribunal under s.67 of the
Mental Health Act 1983 and how to request a referral.
Mental Health Act: instructions with respect to the
exercise of approval functions 2013. These instructions set out
the function of approving registered medical practitioners and of
approving individuals to act as approved clinicians under the
Mental Health Act 1983.
Cross border patient transfer arrangements.
These forms are required to request a warrant for the cross-border
transfer of patients under the Mental Health Act 1983, which states
that a hospital in England must obtain the authorisation of the
Secretary of State for Health before it can transfer a patient to a
location in Scotland, Northern Ireland, the Channel Islands or the
Isle of Man.
Guidance for commissioners: service provision for Section
136 of the Mental Health Act 1983. Position statement from the
Royal College of Psychiatrists multi-agency Mental Health Act group
on best practice with regard to Section 136.
Dementia 2013: the hidden voice of loneliness.
This second annual report on how well people with dementia are
living found that over half of the general public believe that
people with dementia have a bad quality of life . This was echoed
in the feedback from people with dementia with 70 per cent saying
they had stopped doing things they used to due because of lack of
confidence. The majority of people with dementia also felt anxious
or depressed, and a third of people said they’d lost friends after
a diagnosis. It calls on commissioners to ensure appropriate
support services are available, and urges people and organisations
to play their part in helping ensure their communities are dementia
friendly.
Raising standards, putting people first: our
strategy for 2013 to 2016. Sets out the Care Quality
Commission's 2013 to 2016 strategy, which includes: appointing
chief inspectors of hospitals and social care and support, and also
considering a chief inspector of primary and integrated care; new
fundamental standards of care; inspectors to specialise in
particular areas of care; introducing national teams to carry out
reviews of hospitals with significant or long-standing problems;
improving CQC's understanding of how well different care services
work together; publishing better information for the public; and
strengthening the protection of people whose rights are restricted
under the Mental Health Act.
Cases
North Dorset NHS PCT v Coombs [2013] EWCA Civ 471
(CA). The Court of Appeal held that there was nothing in public
policy or otherwise which prevented a claimant who was detained in
a mental hospital under the provision of the Mental Health Act
1983, from paying for his own care or treatment.
PC (By her litigation friend the Official
Solicitor) v City of York Council [2013] EWCA Civ 478 (CA). The
court held that a judge tasked with determining whether a woman
with learning difficulties had sufficient capacity to decide
whether to live with her husband upon his release from prison had
taken the wrong approach. The couple had married after the husband
had been convicted and sentenced for serious sexual offences. If,
as the judge had found, the woman had had capacity to marry, she
had to be taken to also have sufficient capacity to perform the
terms of the marriage contract where there was no clear and cogent
evidence to the contrary.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in the above section please contact Simon Lindsay or Stuart Marchant.
Primary Care
Publications/Guidance
General Medical Services Statement of Financial
Entitlements Directions 2013. These Directions relate to the
NHS Primary Medical Services Regulations which came into force on 1
April 2013. They set out the legal framework under which GPs
operate and are paid. They are aimed at GPs who work under contract
to the NHS; and will be of interest to patients who wish to
understand the legal obligations of GPs to their patients, in line
with the NHS Constitution.
Reclaiming a population health perspective: future challenges for primary care. The report, which was written by the Nuffield Trust, commissioned by the National Association of Primary Care, examines the arguments for encouraging and enabling general practices to take a much more proactive role in improving the health and wellbeing of their local populations, as well as their individual patients.
What to expect from your doctor: a guide for
patients. This guide explains how patients can help to create a
partnership with their doctor. It is based on the standards the
General Medical Council sets for doctors in the core guidance Good
Medical Practice.
News
New framework to support and develop General
Practice Nurses launched. The General Practice Foundation of
the Royal College of General Practitioners has published a new
framework to support general practice nurses in achieving and
maintaining the necessary levels of competency across all areas of
their generalist role.
A new model for general practice? The April
2013 issue of the British Journal of General Practice reports that
the traditional role of the GP is being challenged as the role has
broadened from that centred on a 'helping model' in doctor-patient
consultations to a role that also emphasises a 'business model'
whereby GPs are increasingly required to consider how their work
impacts local communities and wider health systems. The study
suggests that the challenge for GPs will be the ability to balance
and maintain patient care and trust and professional integrity with
resource management. It also warns against negative effects that
this potential conflict might have on doctors and promotes the idea
that high levels of self-efficacy will be a necessary trait for GPs
of the future.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in the above section
please contact
David Owens.
Public Health
Publications/Guidance
Council access to health care data from the
NHS. This letter from the Chief Knowledge Officer, Public
Health England, to local authority chief executives and directors
of public health discusses problems with arrangements for Councils
and Clinical Commissioning Groups (CCGs) to access healthcare data
from the NHS through Clinical Support Units (CSUs), and what PHE is
doing to resolve the situation.
Vaccine safety events: managing the communications
response. This manual provides practical, informative
strategies and tools to help plan and manage a communications
response following a vaccine-related event (VRE) in a local
community, at a national level, or beyond. It aims to teach
immunisation programme managers how to use communications
strategies and tools to increase public trust and confidence in
vaccines, and to minimize the negative impact of VREs.
Measles: Frequently asked questions – Briefing for
councillors. The LGA has combined with Public Health England to
provide some helpful guidance to councillors on Measles. This
listing of FAQs explains what is being done to reduce the spread of
these latest local outbreaks of the disease and what vaccination
strategies a local authority can adopt.
The role of local authorities in health issues.
This CLG Select Committee report examines the return to local
government of the responsibility to improve the health and
wellbeing of local people that came in from 1 April 2013. The
Committee urges councils to fully grasp this opportunity by using
every lever at their disposal to adopt a holistic approach to
public health. The report also raises concerns over the complex
accountability mechanisms of the reformed system. In particular, it
argues it is not clear who will be in charge in the event of a
health emergency and urges the Government to set out clearly and
unambiguously the lines of responsibility. Finally, the Committee
notes a perverse incentive in the funding formula and calls for it
to be reviewed.
Lead Member for Children’s Services briefing on
School Health Service. From April 2013, local authorities are
responsible for delivering and commissioning public health services
for 5 - 19 year olds. This includes providing prevention and early
intervention services, addressing key public health issues and
delivering the Healthy Child Programme. School nurses are skilled
in delivering these services and can work with local authorities to
deliver effective public health programmes. This briefing from the
Local Government Association and the DH provides an overview of the
School Health Service and shares top tips to help Lead Members for
Children’s Services think about how they can use the School Health
services to deliver better health outcomes for 5 - 19 year
olds.
Ring fenced public health grants to local
authorities 2013-14 and 2014-15. These documents provide more
detail on the ring fenced public health grants which have been
provided to local authorities. The grants for 2013-14 and 2014-15
provide local authorities with £2.66bn and £2.79bn to spend on
public health services.
Memorandum of Understanding between Public Health
England and the Care Quality Commission. This MoU sets out the
framework for the working relationship between Public Health
England (PHE) and the Care Quality Commission (CQC). PHE and the
CQC recognise that there is a distinct and unique relationship
between the two organisations. Accordingly the framework set out in
this MoU takes account of that relationship and details ways in
which PHE and the CQC will work together and alongside one another
in delivering their respective statutory functions. The MoU is
intended to communicate clearly and unambiguously that PHE and the
CQC will work together where relevant and appropriate to do so.
Revalidation in PHE. From 1 April 2013, Public
Health England (PHE) is the designated body for all licensed
doctors employed by PHE, public health doctors employed by local
authorities and public health and other clinical academics employed
by universities and colleges, who hold honorary contracts with PHE.
All licensed medical doctors working as consultants and those in
non-consultant roles must demonstrate to the GMC every five years
that they are fit to practise – a process called revalidation. The
GMC will revalidate doctors based on a recommendation received from
Professor Anthony Kessel, the Responsible Officer for PHE. This web
page provides a central information resource on revalidation for
all doctors who will revalidate both through the HPA and the sender
organisations who will make up PHE. Information is also available
for the role of Medical Appraiser and those with an interest in
becoming Medical Appraisers.
PHE Marketing Plan 2013-14. This plan explains
how PHE marketing will motivate and support more people than ever
before to improve their health.
Healthy Lives, Healthy People – A public workforce
strategy. This strategy builds on the March 2012 consultation
that sought views on ways to support and develop the public health
workforce following the public health reforms under the Health and
Social Care Act 2012. It sets out the actions that the various
partners in the public health system will take to support and
develop the public health workforce.
Public Health England's priorities for 2013 to
2014. Sets out PHE's direction for the next year. The
priorities encompass the organisation's broad remit, ranging from
protecting and improving the nation's health to building the public
health system and increasing its own expertise. The document forms
the the beginning of a conversation with PHE's partners about how
to transform the public health system and create a genuine
improvement in the public's health.
Public health commissioning in the NHS. The
agreement made under s.7A NHS Act 2006 between the Secretary of
State for Health and the NHS CB, published on 15 November 2012,
sets out how the NHS CB (also known as NHS England) is accountable
for the delivery of certain public health services and gives
details of arrangements for expert support from Public Health
England. The service specifications provide details of the public
health evidence and advice needed to support effective
commissioning. These documents are a collaborative variation to
that agreement.
Briefing on NHS health checks for local
authorities. Local authorities are now responsible for
commissioning health checks. This Primary Care Commissioning
briefing provides information about the national prevention
programme, which is provided locally, mostly by GPs. Patients can
be referred as a result of their health check to various services,
many of which, such as open gyms, are run by local authorities. The
briefing considers why health checks are important, what a check
consists of, their cost-effectiveness and the implications for
local authorities.
Public Health Outcomes Framework 2013 to 2016 –
Interim updates to Part 2: Summary technical specifications of
public health indicators. Local authorities must have regard to
the Public Health Outcomes Framework in the exercise of their
public health functions. This document includes a number of updates
and corrections to Part 2: Summary technical specifications of
public health indicators, following the November 2012 update.
Resources published – to support VCS involvement in
Healthwatch. Regional Voices has published resources to support
the development of Healthwatch as well as to promote involvement
with the voluntary and community sector and the communities it
works with. They include an overview of Healthwatch for the VCS, a
good practice guide, and recommendations on how the VCS can act as
a key partner in local Healthwatch.
Localising the Public Health Responsibility Deal –
Toolkit for local authorities. This PHE toolkit supports local
authorities to mobilise local businesses to improve the health of
their staff and customers. It sets out simple, effective actions
which local businesses could take to support their customers and
employees to make healthier choices, based on work that has been
done at national level through the Public Health Responsibility
Deal. It invites local authorities: to use this toolkit to
encourage local businesses to take action to improve the health and
wellbeing of their staff and customers; to sign up to the national
Responsibility Deal themselves and report each year on the actions
they have taken to engage local businesses; and to encourage
businesses in their area to sign up to the national Responsibility
Deal as local partners, in place of or in addition to local
arrangements.
Public health functions to be exercised by NHS
England: Variation to the 2013-14 agreement. A Department of
Health publication sets out a variation to the "Public health
functions to be exercised by the NHS Commissioning Board" 2013-14
agreement, which details outcomes to be achieved and funding
provided for NHS England to commission public health services.
Tackling teenage pregnancy. This briefing
explains the challenges facing councils and the opportunities they
have to tackle teenage pregnancy and reduce health inequalities in
local communities. This briefing for councillors and officers
explains the challenges facing councils and the opportunities they
have to tackle teenage pregnancy and reduce health inequalities in
local communities.
Template letter to parents about measles and
MMR. A resource for GPs and schools about the 2013 MMR catch-up
vaccination programme.
Legislation
The Health and Social Care Act 2012 consequential
amendments. This document lists regulations and guidance
concerning the new public health system that have made or published
in consequence of the HSC Act 2012, with a high-level summary of
the changes to secondary legislation that came in on 1 April
2013.
If you wish to discuss any of the items raised in the above section please contact Olwen Dutton.
Regulation
Publications/Guidance
Review of the regulation of cosmetic
interventions. The review into the regulation of cosmetic
‘interventions’ was commissioned by the Government following the
scandal over faulty PIP (Poly Implant Prothesis) breast implants,
which came to light at the end of 2011. This report outlines the
need for better regulation to bring the cosmetic surgery industry
into line with those in other countries and align it with
comparable public health and consumer practice in this country. Its
recommendations focus on three important areas: high quality care
with safe products, skilled practitioners and responsible
providers; an informed public to ensure people get accurate advice
and that the vulnerable are protected; and accessible redress and
resolution in case things go wrong.
Raising standards, putting people first: our strategy for 2013 to 2016. This strategy document outlines changes to the way that CQC will inspect and regulate services to make sure they provide people with safe, effective, compassionate and high-quality care, and to encourage them to make improvements. The changes include: appointing chief inspectors of hospitals and social care and support; developing new fundamental standards of care; and publishing better information for the public, including ratings of services.
News
Expert
group to consider regulation of cosmetic surgery. The Minister
for Health and Social Services has announced that an expert group
is to be set up to consider whether tighter regulation of cosmetic
surgery in Wales is necessary, following the publication in April
2013 of a Department of Health report into the regulation of
cosmetic surgery in England. The group will report back by July
2013.
The British Association of Aesthetic Plastic
Surgeons (BAAPS) will start offering insurance to patients who
undergo plastic surgery procedures with accredited
surgeons.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section please contact Stuart Marchant or Carlton Sadler.
General
Publications/Guidance
Improving A&E performance This document
outlines plans to strengthen performance in urgent and emergency
care and to meet demand and tackle waiting time pressures.
NHS by numbers. Nuffield Trust has produced some
useful facts and figures about the NHS.
Health statistics notes and guidance: patient
experience. These documents provide technical information,
notes and guidance relating to the patient experience overall
measure. It includes a methodology paper; a statement on how users
are engaged with in relation to the patient experience statistics;
and a quality statement on the overall patient experience
scores.
Patient experience overall measure: supporting
tools. This toolkit has been designed to help NHS managers and
the general public understand what feeds into the overall patient
experience score, and to see how scores vary across individual NHS
organisations.
Identifying and supporting victims of human
trafficking: Guidance for health staff. Provides guidance and
sets out actions for healthcare staff who suspect that their
patient may be a victim of human trafficking.
Circulation and communication spaces. This building design note provides guidance on the design of circulation and communication spaces in hospitals and other healthcare buildings, including corridors, internal lobbies and stairs, and lifts. It also provides supporting information on doors and handrails.
The Health and Care system explained. Guidance
on the new system brought in by the Health and Social Care Act 2012
on 1 April 2013. NHS England, Public Health England, the NHS Trust
Development Authority and Health Education England will take on
their full range of responsibilities. It sets out:
The role of the
Department of Health in the new system
What the changes to
the health and care system mean for patients and local
communities
How health and care
organisations will work together locally
How health and care
organisations will work together nationally
How the interests
of people using health and care services are protected.
Transition programme plan: The "transition
roadmap". This plan tracked the milestones of the DH’s Health
and Care Transition Programme. It recorded and plotted the key and
critical milestones for delivery of the health and care reforms in
the final year of transition following the Health and Social Care
Act receiving Royal Assent in March 2012. This document presents
the roadmap as it was at the closure of the transition programme on
31 March 2013.
2012 accountability hearing with the General
Medical Council: General Medical Council Response to the
Committee’s fourth report of session 2012–13: first special report
of session 2012-13 This document sets out the GMC's response to
the Health Select Committee's scrutiny of their work in their
accountability report published in December 2012. It outlines, in
particular, the GMC's position on professional regulation in light
of the publication of the Francis Inquiry report on the failings at
Mid-Staffordshire.
Legislation
Queen's Speech 2013. The Queen has outlined the
Government's legislative programme for this coming year, on the
State Opening of Parliament. Proposed Bills include:
Care Bill: reforms the way long term
care is paid for, to ensure the elderly do not have to sell their
homes to meet their care bills, including creating a cap on care
costs, extending the means test threshold for financial assistance
and ensuring no-one has to sell their home in their lifetime to pay
for residential care. It will modernise the law so that it
prioritises the well-being of individuals and enables all those
needing health and social care to get good care. It will also
introduce a number of measures in response to the Francis Inquiry,
including a ratings system for hospitals and care homes, and
establish Health Education England and the Health Research
Authority as NDPBs;
Mesothelioma Bill: establishes a
payment scheme for people with Diffuse Mesothelioma where their
employer or employers’ liability insurance company cannot be
traced, and make provision about the resolution of certain
insurance disputes. The Bill would make payments funded by a levy
on live Employers’ Liability insurers and follows consultation and
agreement with the insurance industry, claimant lawyers and
claimant representatives;
Immigration Bill: reforms immigration
law, including provisions to strengthen enforcement powers and
protect public services. It would regulate migrant access to the
NHS, ensuring that temporary migrants make a contribution.
Consultations
Smoking cessation acute, maternity and mental
health services: guideline consultation. This consultation
takes place between 5 April and 5 June 2013. NICE is developing
public health guidance on Smoking cessation in secondary care:
acute, maternity and mental health services.
Public consultation on the revision of European
legislation on medical devices. The Medicines and Healthcare
Products Regulatory Agency seeks views on its approach to
implementing into UK law Regulation 722/2012 which concerns animal
tissues and medical devices and Regulation 207/2012 on e-labelling
of electronic devices. The closing date for comments is 7 May
2013.
News
Midwives win right not to help plan abortions.
Mary Doogan and Concepta Wood, two Roman Catholic midwives, have
won their appeal enabling them to have the right to refuse to help
with or plan abortion procedures.
Bevan Brittan Knowledge
'Meeting Francis?' knowledge-sharing website.
Bevan Brittan has been heavily involved throughout the Mid
Staffordshire Inquiry proceedings as a recognised legal
representative and we continue to assist clients with
implementing recommendations and instituting best
practice following the Inquiry's conclusions.
We have created a knowledge sharing website the purpose of which is
to:-
1. To bring together health and social care communities to
share practical ideas and examples
of embedding best practice in key areas identified
by the Francis Inquiry, in our Best Practice Project.
2. To provide a central source of key resources related to the
Francis Inquiry.
If you would like to access the site please email MeetingFrancis@bevanbrittan.com
If you wish to discuss any of the items raised in this section
please contact Claire
Bentley.
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