29/04/2020

The growing impact of the Coronavirus (COVID-19) is having an unprecedented generational impact on the health and wellbeing of society across the UK and around the world. The impact is being felt in our everyday lives and is now having far reaching consequences for everyone. If you or your organisation needs advice relating to Coronavirus, Bevan Brittan has set up a COVID-19 Advisory Service which draws upon the expertise of a range of Bevan Brittan legal and regulatory teams. Please feel free to contact us

Bevan Brittan provides high quality, comprehensive advice to the NHS and independent healthcare sector. This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, both in the NHS and independent sector which have been published in the last month.  

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Training Events

Inquests

Children

Mental Health

Clinical Risk/Patient Safety

Primary Care

Commissioning

Providers

Digital Health

Public Health

Employment/HR

Regulation
Finance Social Care

Information Sharing/data

General

 

If someone forwarded you this email you can sign up for your own free copy here delivered directly to your inbox.   

Bevan Brittan Free Training Events 

Clinical Risk Webinars
Bevan Brittan Clinical Risk/Health, Care and Regulatory Law Team Training -
These are internal hour long lunch time training sessions that are attended by our team of solicitors. If your employer organisation is a Bevan Brittan client you can sign up to watch the training sessions remotely via our webinar facility.

Our next session coming up is on 5 May at 12.30pm and is called "Compulsory Treatment for Mental Disorder –
How did we get here and where are we heading?".

We also have a session on 19th May at 12.30pm and is called "Pre-action disclosure and the duty of candour."

Please contact Claire Bentley if you would like to attend either of these webinar remotely.

If you would like to receive the programme for 2020 just ask Claire Bentley.  

Knowledge Transfer

Training. In addition to our free training programme for 2020, we also provide bespoke knowledge transfer sessions on a range of healthcare law topics. If you wish to discuss any queries you may have around training or webinars please contact Claire Bentley.  All these sessions are available remotely via our webinar facility.

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Children 

Publications/Guidance 

Children of the pandemic: policies needed to support children during the Covid-19 crisis. This report examines how Covid-19 is affecting children. It covers topics including mental health, childcare issues, school closures, social interactions and access to food.

Coronavirus (COVID-19): SEND risk assessment guidance Risk assessment guidance for special schools, specialist colleges, local authorities and any other settings managing children and young people with complex special educational needs and disability (SEND) during the coronavirus (COVID-19) outbreak.

Guidance for parents and carers on supporting children and young people’s mental health and wellbeing during the coronavirus (Covid-19) outbreak. This advice is to help adults with caring responsibilities look after the mental health and wellbeing of children or young people, including those with additional needs and disabilities, during the Covid-19 outbreak.

News

Coronavirus: LGA urges clarity on relaxation of special needs duties. The Local Government Association (LGA) has called on the Government to urgently set out its definition of "reasonable endeavours" that takes account of the pressures that councils are under in delivering support during the coronavirus pandemic. The Coronavirus Act allows for the temporary removal or relaxation of statutory provisions under the Children and Families Act 2014 s.42 to secure special educational provision and health care provision in accordance with an Education, Health and Care Plan. However, many councils have been challenged by parents.

Child protection information to be shared with school nurses and health visitors A tool that provides data on protected vulnerable children for the NHS and local authorities is being broadened to include school nurses and health visitors.

We can help

We can assist in relation to the statutory responsibilities for children under the Coronavirus Act 2020 including decisions around:-

  • commissioning and the provision of healthcare and social care;
  • isolation and duties toward children in the care and those classed as vulnerable under the Coronavirus ( COVID19 );
  • guidance on vulnerable children and young people;
  • the delivery of EHCP plans; 
  • safeguarding; and,
  • all aspects of educational provision including for key workers.

If you wish to discuss any queries you may have around children please contact Deborah Jeremiah.

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Clinical Risk

Publications/Guidance 

Delay in the Government's Response to the Paterson Inquiry: Written statement - HCWS208. In a written statement the Department of Health and Social Care announces a delay to the Government's response to the Paterson Inquiry, which it undertook to study and respond to within months. Action to tackle the coronavirus (COVID-19) crisis has diverted resources and lead to a delay in the Government's formal, written response. The Government will resume its focus on a response as soon as the unprecedented circumstances are under control.

NHS injury costs recovery scheme: tariff and charges from 1 April 2020 Department of Health and Social Care guidance details the annual amendment in the tariff and ceiling of charges payable by compensators for the recovery of NHS charges under the NHS injury costs recovery scheme. The increases will apply only to injuries sustained on or after 1 April 2020.

Coronavirus: Information for complaint handling teams. An update from the Parliamentary and Health Service Ombudsman in the context of the coronavirus (COVID-19) outbreak states that they will not accept new health service complaints nor progress existing ones where this requires contact with the NHS. Associated questions and answers are provided giving further information and clarification for complaint handlers.

Coronavirus (Covid-19) infection and pregnancy The Royal College of Obstetricians and Gynaecologists has produced guidance for health professionals, employers and pregnant women and their families providing information on Covid-19 and pregnancy.

Cases

(1)GMC (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846 (Admin) The 12-month suspension of a GP, who had provided a medical report containing false statements and a dishonest statement for use in personal injury litigation, was replaced with the sanction of erasure from the register. The Medical Practitioners Tribunal had decided the case on a misleading basis, as it had not had the benefit of a recent Court of Appeal decision dealing with the doctor's contempt of court, which provided the most authoritative judicial guidance on the doctor's misconduct.  

[2020] UKSC 14 WHITTINGTON HOSPITAL NHS TRUST v XX (2020) Where a woman had become infertile due to a hospital trust's negligence, the Supreme Court considered whether she was entitled to recover as damages the costs of surrogacy arrangements using her own eggs, the costs of surrogacy arrangements using donor eggs, and the costs of commercial surrogacy arrangements in the United States.

News

NHS Resolution launches new indemnity scheme to support NHS coronavirus response. A new scheme has been launched by NHS Resolution to meet liabilities arising from the special healthcare arrangements being put in place in response to the coronavirus pandemic. The scheme, which will be known as the Clinical Negligence Scheme for Coronavirus (CNSC), has been designed to respond to the new contracts being put in place for healthcare arrangements to respond to coronavirus such as those with the Independent Sector and organisations supporting testing arrangements. Membership of this new indemnity scheme is not required and cover will be provided automatically under the relevant contracts.

MDU calls for national debate over protecting NHS from COVID-19 clinical negligence claims. The Medical Defence Union (MDU) says doctors should be spared from the stress and anxiety of medical negligence claims following the pandemic.

New guarantee on death in service benefits for frontline health and care staff during pandemic. The families of health and care workers on the frontline in England will benefit from a new life assurance scheme during the coronavirus (COVID-19) pandemic. Families of eligible workers who die from coronavirus in the course of their frontline essential work will receive a £60,000 payment. Funding will also be provided to devolved administrations to support similar schemes.

Bevan Brittan Updates

Vicariously liable? Depends on the relationship. Two recent Supreme Court decisions have helped to clarify the law on vicarious liability and are relevant both to businesses who use independent contractors and their insurers.

Bevan Brittan Webinars   

Bevan Brittan Clinical Risk/Health, Care and Regulatory Law Team Training - These are internal hour long lunch time training sessions that are attended by our team of solicitors. If your organisation is a Bevan Brittan client, you can sign up to watch the training sessions remotely via our webinar facility. Our next session coming up is on 5 May and is called "Compulsory Treatment for Mental Disorder. How did we get here and where are we heading?". Please contact Claire Bentley if you would like to attend this webinar remotely.

If you would like to receive more information about our webinar programme just ask Claire Bentley. 

How we can help

Healthcare and Patient Safety Issues
We are working with clients on formulating policies and making it easier to balance treatment with finite resources. We are helping with social care policies and day to day activities such as contact and isolation, human rights issues and life/death decisions. We are working on notifications of harm and death, RIDDOR, CQC compliance, judicial review, infection control law and grappling with the new regulations and guidance.

If you wish to discuss any clinical risk or patient safety issues please contact Joanna Lloyd or Penelope Radcliffe.

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Commissioning   

Publications/Guidance 

Coronavirus (COVID-19): guidance for people receiving direct payments. Department of Health and Social Care guidance provides advice for people who buy care and support through a direct payment, as well as local authorities, clinical commissioning groups and those who provide care and support.

Covid-19: guidance for commissioners and providers of services for people who use drugs or alcohol This guidance, developed with Public Health England, will assist commissioners, managers and staff in addressing the Covid-19 outbreak in drug and alcohol services, including services for young people. The guidance may be updated in line with the changing situation.

If you wish to discuss the issue of commissioning please contact David Owens

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Digital Health

Bevan Brittan Updates

Who's to Blame? Digital Healthcare and issues about liability when things go awry

If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.

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Employment/HR  

Publications/guidance

Leading through Covid-19: supporting health and care leaders in unprecedented times The health and care system in the United Kingdom is facing a huge challenge, placing enormous pressure on health and care staff with unprecedented demands on leaders, wherever they work. These pages aim to provide support to health and care leaders, whether they are working in the NHS, social care, public health or the voluntary and independent sector.

The psychological needs of health care staff as a result of the Coronavirus pandemic This guide is for leaders and managers of health care services who need to consider the wellbeing needs of all health care staff (clinical and non-clinical) as a result of the Covid-19 outbreak. It offers practical recommendations for how to respond at individual, management and organisational level by using the expertise of practitioner psychologist and mental health professionals; anticipating the psychological reactions over time; and considering what people may need to recovery psychologically from this.

Coronavirus (COVID-19) guidance for employees, employers and businesses Information on healthcare advice for employers and support for businesses.

CQC interim guidance on DBS and other recruitment checks, for providers recruiting staff and volunteers to health and social care services in response to coronavirus (COVID-19). CQC have issued this interim guidance in response to temporary changes being made by the Disclosure and Barring Service (DBS) to DBS applications and processes. It will be in operation for the period the Coronavirus Act 2020 remains in force.

Covid-19 staff absence tracker Covid-19 is putting unprecedented pressure on the NHS workforce. In order to make it easier for organisations to monitor staff levels and identify any support needed, NHS England has created a tool to make it simple for staff and managers to report Covid-19 related absence.

Patient health records: access, sharing and confidentiality This briefing looks at access to patient health records, electronic patient records, NHS data security, and the use of confidential information by the NHS. It has been updated to include relevant information on sharing patient information during the Covid-19 outbreak.

NHS Pension Scheme. This note looks at the development of the NHS Pension Scheme and current debates

News

Jump in NHS job applications as public back coronavirus battle

Bevan Brittan Updates

Coronavirus Job Retention Scheme and Statutory Sick Pay - The ever-changing landscape and uncertainties we are faced with.

Coronavirus and Workforce - the challenge of the moment

We can help

We can offer support and advice on managing many workforce issues including furlough leave, managing bank staff, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home working, lay-offs/short term working through FAQs, helpline or policy guidance and practical day to day advice. 

If you wish to discuss any employment issues generally please contact Jodie Sinclair, Alastair Currie or James Gutteridge.

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Finance 

Publications/Guidance

Regional breakdown of NHS debt that will be written off from 1 April 2020 From 1 April 2020, £13.4 billion of NHS debt will be scrapped as part of a wider package of NHS reforms announced by the Secretary of State for Health and Social Care on 2 April 2020. This document sets out the debt to be written off by NHS trust.

If you wish to discuss any queries you may have around finance please contact Claire Bentley

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Information sharing/data  

Publications/guidance

The ICO’s regulatory approach during the coronavirus public health emergency The ICO has stated that the Covid-19 public health emergency meant it needed to reassess its priorities and resources. Therefore it will focus on those areas likely to cause the greatest public harm. This paper sets out how the ICO will regulate during the current public health emergency, focusing in particular on data protection and freedom of information laws.

Covid-19 resource hub for staff records The NHS Electronic Staff Record (ESR) team has developed the Covid-19 Resource Hub to support organisations with their use of ESRs during the pandemic.

House of Commons Library briefing on access to patient health records, electronic patient records, NHS data security, and the use of confidential information by the NHS.

Patient health records: access, sharing and confidentiality This briefing looks at access to patient health records, electronic patient records, NHS data security, and the use of confidential information by the NHS. It has been updated to include relevant information on sharing patient information during the Covid-19 outbreak.

Bevan Brittan Updates

ICO releases statement on how it will regulate during Covid-19.

 

We can provide advice and support in relation to disclosure of information under the both the General Data Protection Regulations and Freedom of Information Act, as well as information sharing, guidance on policy and procedures, and bespoke data protection advice.  We also have expertise advising on the common law duty of confidentiality, the Access to Health Records Act 1990 as well as representing clients in respect of investigations made by the Information Commissioner. 

If you wish to discuss any aspect of information law generally please contact Jane Bennett.

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Inquests  

Publications/guidance

Guidance for those involved in managing COVID-19 deaths Cabinet Office guidance provides advice and support for the general public, local authorities, coroners, the funeral and burial sectors, employers and workers handling loss of life during the coronavirus (COVID-19) pandemic.

Guidance for care of the deceased with suspected or confirmed coronavirus (COVID-19) Guidance from Public Health England provides advice for people required to manage bodies of deceased persons infected with coronavirus (COVID-19). It has been developed to ensure that: both the bodies and the bereaved family of the deceased are treated with sensitivity, dignity and respect; and people who work in these services and mourners are protected from infection.

Guidance No.36: the Chief Coroner’s Summary of the Coronavirus Act 2020 – Provisions Relevant to Coroners. The Chief Coroner provided his assessment of the legislative position following the implementation of relevant provisions in the Coronavirus Act 2020.

Guidance No.37: COVID-19 Deaths and Possible Exposure in the Workplace. The Chief Coroner has his expression of the law as it currently stands during the COVID-19 pandemic. He sets out when a report to a Coroner must be made and when an inquest will and will not be required into a death from what is a naturally occurring disease.

If you  wish to discuss any queries you may have around inquests please contact Toby De Mellow.

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Mental Health 

Publications/guidance 

Royal College of Nursing – Mental health care guidance. RCN’s guidance collates information relating to mental health care during Covid-19 in the following areas:
•Inpatient care;
•Psychiatric intensive care;
•Supporting high-risk physical health needs in the community flowchart;
•Physical Health Assessment and Monitoring for Covid-19;
•Community care;
•PPEs for mental health and learning disability staff. 

Coronavirus (COVID-19): looking after people who lack mental capacity. Guidance for health and social care staff who are caring for, or treating, a person who lacks the relevant mental capacity.

COVID - 19: Remote Hearings at the Central Registry of the Court of Protection. Updated guidance from HM Courts and Tribunals Service answers the most frequently asked questions about attending a hearing at the Court of Protection in London or at one of its regional courts during the coronavirus (COVID-19) outbreak. It replaces guidance note GN5.

Mental health and psychosocial considerations during Covid-19 outbreak. These guidelines were developed as messages targeting different groups to support mental and psychosocial wellbeing during the Covid-19 outbreak.

Covid-19: guidance on supporting children and young people’s mental health and wellbeing This advice is to help adults with caring responsibilities look after the mental health and wellbeing of children or young people, including those with additional needs and disabilities, during the Covid-19 outbreak.

Coronavirus: impact on young people with mental health needs This report from Young Minds looks at the impact the Covid-19 pandemic is having on young people's mental health.

Coronavirus (Covid-19): guidance for care staff supporting adults with learning disabilities and autistic adults This guidance is for care workers and personal assistants who support adults with learning disabilities and autistic adults. The guidance will help care staff to keep people with learning disabilities and autistic people safe; support them to understand the changes they need to make during the Covid-19 outbreak; and protect their own wellbeing.

Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic. This guidance concerns the impact of COVID-19 on the use of the Mental Health Act and supporting systems to safeguard the legal rights of people receiving mental health, learning disabilities and specialised commissioned mental health services.

Legislation

Mental Health Act: supplementary instructions with respect to the exercise of an approval function in relation to approved clinicians 2020 Two supplementary instructions from the Department of Health and Social Care set out how to approve registered medical practitioners and how to approve people to act as approved clinicians and doctors under the Mental Health Act.

News

Daughter in CoP case questions "second-rate" Skype justice. Celia Kitzinger, a co-director of the Coma and Disorders of Consciousness Research Centre, has said that her personal experience observing A Clinical Commissioning Group v AF (CP), the first case in the England and Wales Court of Protection (CoP) to be held entirely remotely via Skype, dealing with a daughter's wish to withdraw clinically assisted nutrition and hydration from her mentally incapacitated father in circumstances where his GP argued it should stay in place, raised concerns over its impact on relatives and witnesses, particularly in relation to the treatment of the daughter.    

Bevan Brittan Education Lunches 

These are internal hour long lunch time training sessions that are attended by our team of solicitors. If your organisation is a Bevan Brittan client you can sign up to watch the training sessions remotely via our webinar facility. Our next session coming up is on 5 May and is called "Compulsory Treatment for Mental Disorder. How did we get here and where are we heading?". Please contact Claire Bentley if you would like to attend this webinar remotely. 

If you wish to discuss any mental health issues please contact Hannah TaylorSimon Lindsay or Stuart Marchant

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Primary Care  

Publications/guidance

Preparedness letter for general practice The latest guidance letter for general practice contains updates on changes to the GP contract regulations, NHS immunisations and child health surveillance as well as details on other guidance that has recently been published.

Remote working in primary care - guidance for GP practices An appendix to the primary care digital services operating model supports remote working across general practice during the Covid-19 pandemic.

Poster for GP practices – accessing services for non-Covid-19 related issues NHS England has developed a poster for GP practices to use to help explain to patients what they should do if they need to speak to the practice about something not related to Covid-19.

Covid-19: return-to-practice learning plan This free learning plan covers key recent developments in primary care, for GPs and nurses returning to practice during the coronavirus pandemic.

Advice on how to establish a remote "total triage" model in general practice using online consultations. In response to the COVID-19 pandemic, NHS England and NHS Improvement have produced this guide to support all GP practices in England with the rapid implementation of a "total triage" model using telephone and online consultation tools.

Better information sharing to help clinicians during COVID-19. GPs and authorised health and care professionals in the NHS will now be able to access primary care records for patients registered at other practices during the coronavirus epidemic, NHS Digital has announced. They will also be able to share appointments across the GP estate, providing flexibility for staff and allowing them to deliver safer and more effective care.   

We can help   

We can offer support and advice on managing contractual and operational issues affecting the delivery of primary care services, including emerging legislative changes, updated guidance and policy arrangements, workforce issues and any transactional – related matters relating to vertical integrations, STPs, PCNs, etc. If you wish to discuss any commercial, corporate or regulatory issues in primary care then please contact Vincent Buscemi.

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Providers 

Publications/Guidance  

Coronavirus (COVID-19): hospital discharge service requirements Sets out how health and care systems and providers should change their discharging arrangements and the provision of community support during the coronavirus situation.

Covid-19 and mitigating impact on health inequalities The Royal College of Physicians has worked with NHS Providers and the Provider Public Health Network to produce this webpage that highlights examples of how NHS providers are mitigating the impact of Covid-19 on health inequalities.

Covid-19: guidance for commissioners and providers of services for people who use drugs or alcohol.
This guidance, developed by the Department of Health and Social Care and Public Health England, will assist commissioners, managers and staff in addressing Covid-19 and associated disease in drug and alcohol services, including services for young people. The guidance may be updated in line with the changing situation.

Covid-19: guidance for commissioners and providers of services for people who use drugs or alcohol This guidance, developed with Public Health England, will assist commissioners, managers and staff in addressing the Covid-19 outbreak in drug and alcohol services, including services for young people. The guidance may be updated in line with the changing situation.

Bevan Brittan Updates

Contracting with the NHS - COVID 19 Update.

COVID-19: EU joint procurement of PPE, ventilators and testing kits - what’s this all about?

If you wish to discuss any queries you may have around providers please contact Vincent Buscemi.  

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Public Health 

Publications/guidance

PHE have updated their guidance on supporting children and young people’s mental health and wellbeing. This advice is to help adults with caring responsibilities look after the mental health and wellbeing of children and young people, including those with additional needs and disabilities, during the coronavirus (COVID-19) pandemic.

Recessions and health: the long-term health consequences of responses to coronavirus This briefing note outlines how worsening economic conditions and disruptions to NHS services could have important and far-reaching consequences for the health of the broader population. The coronavirus pandemic is putting the NHS under unprecedented strain and leading to cancelled operations and disruptions to non-coronavirus emergency care. The briefing concludes that this will disproportionately affect older individuals and those from less affluent backgrounds, both in the short and the medium term.

If you wish to discuss any queries you may have around public health please contact Claire Bentley

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Regulation  

Publications/Guidance 

COVID-19 - ethical issues. A guidance note from the BMA. Guidance for doctors on ethical issues likely to arise when providing care and treatment during the COVID-19 outbreak. 

NMC - Statement on advance care planning, including do not attempt cardio pulmonary resuscitation (DNACPR) Statement from the Chief Executives and Registrars of the Nursing and Midwifery Council and the General Medical Council about the importance of person centred individualised care and that the pandemic does not permit any health or care professional to deviate from that approach by making decisions on a group basis.

The Faculty of Intensive Care Medicine - Confirmation of death in a positive or suspected Covid 19 patient Guidance about confirming death of a suspected Covid-19 patient and how to fill in the MCCD and the Cremation Form.

GMC – Treatment and care towards the end of life: good practice in decision making. This guidance provides you with the framework to support clients in meeting the needs of a patient as they come towards the end of their life.

BMA have updated their guidance to doctors on refusing to treat when PPE is inadequate.

Cases 

(1) GMC (2) Professional Standards Authority for Health & Social Care v Asef Zafar [2020] EWHC 846 (Admin) The 12-month suspension of a GP, who had provided a medical report containing false statements and a dishonest statement for use in personal injury litigation, was replaced with the sanction of erasure from the register. The Medical Practitioners Tribunal had decided the case on a misleading basis, as it had not had the benefit of a recent Court of Appeal decision dealing with the doctor's contempt of court, which provided the most authoritative judicial guidance on the doctor's misconduct.                           

If you wish to discuss any queries you may have around regulation please contact Stuart Marchant.

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Social Care  

Publications/Guidance 

Coronavirus (COVID-19): reuse of medicines in a care home or hospice. Standard operating procedure on how to run a safe and effective medicines reuse scheme in a care home or hospice during the coronavirus outbreak.

Coronavirus (Covid-19) advice for social care This page of resources contains advice for councils and care providers during this period of sustained transmission of Covid-19.

Covid-19: how to work safely in care homes This guidance is for those working in care homes providing information on how to work safely during this period of sustained transmission of Covid-19. It includes a flowchart for care workers providing care to residents to identify whether there is a need for personal protective equipment (PPE); PPE recommendations for care home staff; frequently asked questions on the use of PPE in care homes; and examples to help identify the correct use of PPE when undertaking activities that require physical contact or activities which do not require physical contact but are carried out in close proximity to residents.

Covid-19: our action plan for adult social care This document sets out the government’s plan for controlling the spread of infection in care settings by supporting the workforce, supporting independence, supporting people at the end of their lives, responding to individual needs and supporting local authorities and the providers of care. The plan applies to all settings and contexts in which people receive adult social care. This includes people’s own homes, residential care homes and nursing homes, and other community settings. It applies to people with direct payments and personal budgets, and those who fund their own care.

Coronavirus (COVID-19): admission and care of people in care homes How to protect care home residents and staff during the coronavirus outbreak.

Care Act easements: guidance for local authorities The guidance sets out how local authorities can use the new Care Act provisions, created under the Coronavirus Act 2020, to prioritise care and support for those who need it most. The provisions are temporary and should only be used when it is not possible for local authorities to comply with their duties under the Care Act 2014.

Age-friendly health systems design to address Covid-19 This guidance aims to help limit the exposure of older adults to Covid-19 by reducing their need to present to hospital, reducing hospitalisations and, if hospitalised or in post-acute or long-term care community, increasing the rate of safe discharges.

Guidance for those who provide unpaid care to friends or family Department of Health and Social Care guidance for anyone who cares, unpaid, for a friend or family member who cannot cope without their support. This may be because they have a lifelong condition, illness, disability, serious injury, mental health condition or an addiction. The guidance focuses on clinically "vulnerable groups" and clinically "extremely vulnerable groups" in relation to coronavirus (COVID-19) infection.

Coronavirus: access to adult social care in England Under the Care Act 2014, local authorities in England have a range of duties relating to assessing and meeting the care and support needs of adults and their carers. This includes, for example, a duty to meet an adult’s assessed needs where they meet prescribed national eligibility criteria. The Coronavirus Act 2020 provides for a relaxation of local authority duties around the provision of care and support needs. For example, local authorities will only be under a duty to meet a person’s eligible needs where not doing so would breach their human rights.

Joint statement on advance care planning The British Medical Association, Care Provide Alliance, Care Quality Commission and Royal College of General Practitioners have published a joint statement on advance care planning.

Coronavirus (COVID-19): changes to the Care Act 2014 Department of Health and Social Care guidance advises local authorities on how to use the new temporary Care Act 2014 provisions, created under the Coronavirus Act 2020, to prioritise care and support for those who need it most.  

Coronavirus: health and social care key issues and sources This briefing paper provides an overview of key issues facing the NHS and social care services during the Covid-19 outbreak, and links to official UK and international guidance and data. It also lists other reliable sources of information in the health and social care sector, including comment from organisations representing patients, staff and service providers.  

Guidance for stepdown of infection control precautions and discharging COVID-19 patients. Public Health England guidance provides advice on appropriate infection prevention and control (IPC) precautions for patients recovering or recovered from COVID-19 and remaining in hospital, or being discharged to their own home or residential care.

How to register an EPA during the coronavirus outbreak. Office of the Public Guardian guidance on registering an enduring power of attorney (EPA) during the coronavirus outbreak, including on: eligibility; giving notice to the donor, their family members and other attorneys; circumstances where an EPA cannot be registered; and whether, when an EPA has been made, it needs to be registered immediately.

Bevan Brittan Updates

Coronavirus Act 2020 - Changes to Local Authority Duties under the Care Act 2014. What do the changes mean for your organisation?

Coronavirus and Workforce - the challenge of the moment

If you wish to discuss any queries you may have around social care please contact Monica Macheng or Stuart Marchant

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General 

Publications/Guidance  

Suicide risk and prevention during the COVID-19 pandemic.

Accessing medicines for detainees released during COVID-19. This is a guide to support probation and youth offending teams and other teams supporting people released from custody on accessing medicines and pharmacy services during the COVID-19 outbreak.

Coronavirus (COVID-19): getting tested. Guidance on coronavirus testing for essential workers who are self-isolating.

Managing Conflict: Dealing with Angry and Abusive Patients The Royal Pharmaceutical Society in collaboration with The Mental Wellness Academy and Pharmacy Support have produced guidance on dealing with angry and abusive patients. NHS England and NHS Improvement will be launching a community pharmacy PR campaign next week to support access to medicines for the public during the COVID-19 pandemic.

Coronavirus (COVID-19): guidance for social landlords on essential moves Non-statutory guidance to support social landlords with allocations and transfers during the coronavirus outbreak.

COVID-19: investigation and initial clinical management of possible cases Information on case definitions, and the initial assessment and investigation of possible cases of COVID-19 infection.

Care fit for carers: ensuring the safety and welfare of NHS and care workers during and after Covid-19 This report provides new evidence on the experience of the healthcare workforce during Covid-19 to date – from the Institute for Public Policy Research (IPPR)/YouGov polling of healthcare workers and the general public, an IPPR consultation and a literature review. It shows that without further bold action in the days, weeks and months to come by the UK government and NHS England (and the NHS in the rest of the UK), the country’s health care workforce will face significant health, mental health and welfare challenges.

Coronavirus: prisons (England and Wales) The Ministry of Justice has said HM Prison and Probation Service is working closely with Public Health England, the NHS and the Department of Health and Social Care to manage the challenges prisons face due to the Covid-19 outbreak. The prison system has been placed in 'command mode', whereby the response to a major incident can be coordinated nationally. 

Preparedness, prevention and control of COVID-19 in prisons and other places of detention This guidance provides useful information to staff and health care providers working in prisons, and to prison authorities.

Coronavirus (Covid-19): health, care and volunteer workers parking pass and concessions This guidance describes the terms of use around the government’s free council car parking scheme for NHS workers, social care workers and NHS Volunteer Responders

News 

NHS frontline workers visas extended so they can focus on fighting coronavirus Home Secretary Priti Patel has announced, as part of the national effort to combat coronavirus, that doctors, nurses and paramedics will automatically have their visas extended, free of charge, for one year. In addition, to encourage more doctors and nurses on the frontline, the Home Office has also lifted the restriction on the amount of hours student nurses and doctors can work in the NHS.

Bevan Brittan Updates

COVID-19 - Hospital discharges during the pandemic

If you wish to discuss any queries around this general topic please contact Claire Bentley.

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