19/01/2021
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, independent healthcare sector and local authorities. 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, independent sector and local authorities which have been published in the last month.
If someone forwarded you this email you can sign up for your own free copy here delivered directly to your inbox.
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. Please contact Claire Bentley.
Clinical Risk
WEBINAR - Cerebral palsy claims: an analysis of the more recent wins and losses and consideration of whether there is a key to the successful defence of these claims. 9th February 2021 12.30pm -1.30pm.
WEBINAR - Diabetes and Endocrinology: from top to toe. This session will cover the complexities of diabetic foot disease and the more common medico-legal issues that may arise. Dr Moisey will also cover some of the issues and considerations when advising on life expectancy. If time permits, issues around pituitary dysfunction will be covered. 23rd March 2021 12.30pm -1.30pm.
Healthcare
WEBINAR - Introduction to legal aspects of transgender care. Care of transgender individuals gives rise to a number of controversial issues. Robin and Nicola will explore these and their legal context. 9th March 2021 12.30pm -1.30pm.
Employment
Acute and emergency care
Publications/Guidance
Transformation of urgent and emergency care: models of care and measurement This report sets out the recommendations from the clinically-led review of NHS access standards for urgent and emergency care.
News
Leaks reveal record waits for emergency care due to covid pressures.
CQC: No evidence that remote GP consultations increase A&E attendance
If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.
Brexit
Publications/Guidance
Understanding the impact of Brexit on health in the UK This report maps out the health areas that will be affected by the exit from the European Union and discusses the dilemmas confronting the health sector in the face of legislative changes. It suggests that new barriers to migration, an unknown level of disruption to medicines and devices, a prolonged economic slowdown and barriers to investment in science could impact the health sector almost immediately.
Outcome of UK negotiations with the EU and the impact on the NHS and health sector A trade and co-operation agreement was concluded between the United Kingdom and the European Union on Christmas Eve 2020. This deal addresses many of the issues that the NHS Confederation has raised as asks from the government on behalf of members regarding Brexit and the NHS over the past four years. There is a lot of good news, but some significant changes compared with the arrangements that applied until the end of the post-Brexit transition period on 31 December 2020. This briefing reviews the agreements made in the UK–EU deal that will impact health and care in the UK and flags changes, both as a result of the deal and regardless of the deal.
Cross-border child protection cases: the 1996 Hague Convention Department for Education guidance for local authorities, social workers, service managers and children's services lawyers is updated to clarify how it should be used from 1 January 2021 when the Brexit transition period ends.
Healthcare for visitors to the UK from the EU This guidance provides information on accessing health care for visitors to the UK from EU countries, Norway, Iceland, Liechtenstein and Switzerland.
How charges for NHS hospital care will apply to overseas visitors from 1 January 2021. Information for overseas visitors on charging for NHS hospital care from 1 January 2021.
If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.
Children and young people
Publications/Guidance
Cross-border child protection cases: the 1996 Hague Convention Department for Education guidance for local authorities, social workers, service managers and children's services lawyers is updated to clarify how it should be used from 1 January 2021 when the Brexit transition period ends.
Coronavirus and schools: FAQs This briefing paper looks at the impact of the COVID-19 pandemic on schools and pupils. It largely focuses on England, and has been updated for the beginning of the January 2021 term.
Children and young people’s mental health – policy, CAMHS services, funding and education House of Commons Library briefing on children and young people’s mental health policy.
Bevan Brittan Updates
How 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.
Clinical Risk / Patient Safety
Publications/Guidance
Support for staff following patient safety incidents This report explores feedback from national investigators around positive efforts identified in the support of NHS staff by their organisations following patient safety incidents. It describes the literature around NHS staff support to attempt to identify areas of best practice and the impact of any interventions.
Clinical practice guide for improving the management of adult Covid-19 patients in secondary care. Drawing on the GIRFT programme’s data-driven methodology and the wealth of experience of its national clinical leads, the advice covers infection prevention and control, emergency medicine, critical care, anaesthesia, acute and general medicine, respiratory medicine, diabetes care, and geriatric medicine and community care, as well as looking at cross-cutting themes such as trust leadership and management, research and clinical coding.
Development of a structured process for fair allocation of critical care resources in the setting of insufficient capacity: a discussion paper. Despite high-level documents designed to help manage limited critical care capacity, none provided sufficient operational direction to enable use at the bedside in situations requiring triage. The authors present and describe the development of a structured process for fair allocation of critical care resources in the setting of insufficient capacity. The document combines a wide variety of factors known to impact on outcome from critical illness, integrated with broad-based clinical judgement to enable structured, explicit, transparent decision-making founded on robust ethical principles. It aims to improve communication and allocate resources fairly, while avoiding triage decisions based on a single disease, comorbidity, patient age or degree of frailty. It is designed to support and document decision-making. The document has not been needed to date, nor adopted as hospital policy. However, as the pandemic evolves, the resumption of necessary non-COVID-19 healthcare and economic activity mean capacity issues and the potential need for triage may yet return. The document is presented as a starting point for stakeholder feedback and discussion.
Delivering core NHS and care services during the pandemic and beyond: Government Response to the Committee's Second Report of Session 2019-21 - Second Special Report of Session 2019-21. A response to the Health and Social Care Committee's October 2020 report on the delivery of core NHS and case services during the coronavirus (COVID-19) outbreak and beyond, includes updates on what steps have been taken, and are planned to be taken: to quantify and address the overall impact of the pandemic on waiting times, the backlog of appointments and pent-up, and as yet unknown and unmet patient demand for all health services, specifically across cancer treatments, mental health services, dentistry services, GP services and elective surgery; to manage the overall level of demand across health services; and to ensure that there is a consistent and reliable supply of appropriately fitting PPE to all NHS staff in advance of the onset of winter and a potential second wave. It also covers: routine testing for NHS and care staff; telemedicine alternatives; and long term support for accident and emergency services.
Cancer services recovery plan One of the most significant impacts of the coronavirus pandemic was a sharp reduction in the number of people coming forward and being referred urgently with suspected cancer and referred from screening programmes. This plan has several aims, including restoring demand at least to pre-pandemic levels and reducing the number of people waiting more than 62 days from urgent referral.
NHS injury cost recovery scheme: April 2020 to March 2021 Data on the funds collected by the Compensation Recovery Unit and funds paid to the NHS.
Covid-19: managing an obstetric emergency. Over 100 participants with expertise in maternity care, infection prevention and control, and human factors took part in the consultation, enabled by THIS Institute’s research platform, Thiscovery. As a result of the project a video has been produced alongside related resources which features Tim Draycott, Senior Clinical Advisor, Safety and Learning NHS Resolution.
Supporting public health: maternity care These documents aim to support local authorities and providers in commissioning and delivering maternal public health services. The guidance identifies six areas where local maternity systems have the highest impact on the health and wellbeing of women and their babies from preconception to six to eight weeks post partum.
Blood transfusion: patient consent. Recommendations from the advisory committee on the Safety of Blood, Tissues and Organs (SaBTO) on patient consent for blood transfusion.
Modern ward rounds: good practice for multidisciplinary inpatient review This report (produced together with the Royal College of Nursing, Royal Pharmaceutical Society, Chartered Society of Physiotherapy and NHS England, and developed along with patients) sets out best practice for modern ward rounds. It brings together the good practice currently being delivered in the NHS and enables clinical teams to self-assess against this and identify priorities for improvement.
Supporting midwives to address the needs of women experiencing severe and multiple disadvantage Midwives can be extraordinarily effective in identifying needs and advocating for vulnerable women during their pregnancy, but their effectiveness is often hampered by a lack of resources and professional support. This must be addressed if midwives are to give women experiencing severe and multiple disadvantage the level of integrated support they need, to lessen the risk to them and their babies. In this position statement, the RCM calls on all UK NHS bodies to adopt its five-point plan to improve these women's outcomes.
Update on the government's response to the Independent Medicines and Medical Devices Safety Review In a written statement to Parliament, Minister of State for Mental Health, Suicide Prevention and Patient Safety Nadine Dorries provides an update on the Government's response to the recommendations of the Independent Medicines and Medical Devices Safety Review, published in July 2020. The recommendations include: the appointment of a Patient Safety Commissioner who would be an independent public leader with a statutory responsibility; and that the Medicines and Healthcare products Regulatory Agency (MHRA) needs substantial revision particularly in relation to adverse event reporting and medical device regulation.
Cases
Evie Toombes (A protected party who sues by her mother & litigation friend, Caroline Toombes) v Philip Mitchell (Sued in his own right & as a partner in, &on behalf of all the partners in the Hawthorn Medical PracticeICE) [2020] EWHC 3506 (QB) The High Court explained the correct interpretation of the Congenital Disabilities (Civil Liability) Act 1976 s.1 when determining whether a clinical negligence claim brought by a woman who was born disabled amounted to a "wrongful life" claim.
Arah Jane Young v John Anthony Downey [2020] EWHC 3457 (QB) Where a secondary victim wished to claim damages for psychiatric injury caused by witnessing an incident, or its immediate aftermath, in which a loved one had been killed, injured or imperilled, it was necessary for them to show an appreciation that their loved one was or might have been involved in the incident and was or might have been the person (or one of the persons) killed, injured or imperilled.
Balber Kaur Takhar v (1) Gracefield Developments Ltd (2) Kewal Singh Krishan (3) Parkash Krishan [2020] EWHC 3025 (Ch) Defendants who had forged a signature to a document to deceive the court into granting judgment in their favour, and who subsequently lied in court about doing so, were ordered to pay indemnity costs of the claimant's proceedings to set aside that judgment, pay the claimant's trial costs thrown away because of the fraud, and repay the costs paid to them by the claimant pursuant to the judgment.
Consultations
Shared decision making. The National Institute for Health and Care Excellence has launched a consultation on its draft guideline to help ensure that patients are involved in decision making around their care. It also calls on health and social care organisations to provide accessible information during care planning, using translators and external advocates when necessary. Comments by 9 February 2021.
News/articles
Delays in urgent NHS care have created "huge hidden waiting list." Neil Mortensen, president of the Royal College of Surgeons of England, has stated that the NHS faces a "huge hidden waiting list" with a record number of patients experiencing delays to emergency and routine care due to COVID-19 restrictions. NHS figures show that a total of 4.46 million people were waiting to start hospital treatment in England at the end of November 2020, the highest number since records began in August 2007.
Medical leaders seek to ‘shame’ private hospitals and their staff into supporting NHS
2020: The conversation changed but our goals did not - Patient Safety Learning’s Chief Executive, Helen Hughes, looks back over 2020, highlighting the main themes in patient safety seen this year.
Bevan Brittan Events
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. If you would like to receive more information about our webinar programme just ask Claire Bentley.
WEBINAR - Cerebral palsy claims: an analysis of the more recent wins and losses and consideration of whether there is a key to the successful defence of these claims. 9th February 2021 12.30pm -1.30pm.
WEBINAR - Introduction to legal aspects of transgender care. Care of transgender individuals gives rise to a number of controversial issues. Robin and Nicola will explore these and their legal context. 9th March 2021 12.30pm -1.30pm.
WEBINAR - Diabetes and Endocrinology: from top to toe. This session will cover the complexities of diabetic foot disease and the more common medico-legal issues that may arise. Dr Moisey will also cover some of the issues and considerations when advising on life expectancy. If time permits, issues around pituitary dysfunction will be covered. 23rd March 2021 12.30pm -1.30pm.
If you would like to receive the Education Lunch Programme for 2021 just ask Claire Bentley.
How we can help
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. For more information click here.
If you wish to discuss any clinical risk or patient safety issues please contact Tim Hodgetts or Joanna Lloyd.
Commissioning
Publications / guidance
NHS Oversight Framework – CCG year end assessment 2019/20: methodology manual This document summarises the methods used in the production of indicators and ratings for the year-end assessment of clinical CCGs, using the NHS Oversight Framework. The framework includes a set of 65 indicators, of which 60 relate to CCGs. At the end of the financial year, there is a process to derive an overall year-end assessment for each CCG using these measures.
Supporting public health: maternity care These documents aim to support local authorities and providers in commissioning and delivering maternal public health services. The guidance identifies six areas where local maternity systems have the highest impact on the health and wellbeing of women and their babies from preconception to six to eight weeks post partum.
If you wish to discuss the issue of commissioning please contact David Owens.
Digital Health
Publications/guidance
Guidance on the electronic communication of statutory forms under the Mental Health Act. Updated Department of Health and Social Care guidance on the electronic communication of statutory forms under the Mental Health Act 1983. The guidance explains: the circumstances in which statutory forms and other documents can be sent electronically; best practice for sending them electronically; and general principles around sending, signing and storing electronic forms.
Digital inclusion in mental health: a guide to help improve access to digital mental health services. In the wake of Covid-19, the use of remote or digital mental health services was accelerated or adopted to ensure individuals who need services could continue to access support. This guide aims to help mental health service providers ensure all individuals in need of mental health services have choice in the care they receive, and nobody is excluded due to a lack of digital access, confidence or skills.
Digital and data-driven health and care technology. A guide to good practice for the use of digital technology in health and care.
Digital technology and health inequalities: a scoping review This report, published jointly by Public Health Wales and The King’s Fund, explores how a lack of access, skills and motivation for using digital technologies could contribute to inequalities in health and other outcomes. It considers approaches to reduce the widening differences between groups.
News
Three digital health companies join forces to enable GP video sharing Cognitant Group, eConsult Health and HCI have joined forces to allow GPs to undertake online consultations and easily share health information with patients.
COVID-19 pandemic leads to record usage in NHS Digital services in 2020 The pandemic has seen a surge in the number of people seeking information from the NHS website. This website is already one of the most used health sites in the world, attracting around 360 million visits a year. However, in 2020 there have been more than 800 million visitors to the site, with March alone seeing 120 million hits.
2021 predictions: Digital health leaders on what lies ahead
CQC: No evidence that remote GP consultations increase A&E attendance
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
A guide to promoting health care workforce well-being during and after the Covid-19 pandemic This guide provides ideas and lessons learnt to improve the wellbeing of the health care workforce, including actions that individuals, leaders and organisations can take to support the health care workforce during the Covid-19 pandemic and beyond. It aims to support health care leaders at all levels with actionable tools for combating health care workforce burnout, fatigue and emotional distress.
COVID-19 vaccination: guide for healthcare workers. A useful source for providing information about the vaccine to staff.
Coronavirus (COVID-19): health and wellbeing of the adult social care workforce. Advice for those working in adult social care on managing your mental health and how employers can take care of the wellbeing of their staff during the coronavirus outbreak.
Mend the gap: the independent review into gender pay gaps in medicine in England This review aims to take a comprehensive approach to understanding the structural and cultural barriers affecting the female medical workforce. It responds to two primary concerns: the gender pay gap in medicine is large for a single professional group; and the new NHS contract for Doctors and Dentists in Training has a potentially negative impact on the pay gap due to a loss of increments during maternity leave.
Record numbers of doctors and nurses working in the NHS The number of nurses in the NHS in England increased by 13,313 on last year to a record 299,184, and the number of doctors rose by 6,030 to a record 122,446, figures to the end of September show.
Double or quits: a blueprint for expanding medical school places This report outlines a blueprint for the doubling of medical school places that will enable the NHS workforce to get back on a sustainable footing over the next decade. It calls for the government’s lifting of the cap on medical school places in England this year to be maintained with a larger, ongoing increase in the numbers of places, acknowledging that workforce shortages have hampered the NHS’s ability to provide care during the pandemic and placed additional pressure on staff.
Modern ward rounds: good practice for multidisciplinary inpatient review This report (produced together with the Royal College of Nursing, Royal Pharmaceutical Society, Chartered Society of Physiotherapy and NHS England, and developed along with patients) sets out best practice for modern ward rounds. It brings together the good practice currently being delivered in the NHS and enables clinical teams to self-assess against this and identify priorities for improvement.
Postnote: Mental health impacts of COVID-19 on NHS staff A UK Parliament Postnote briefing explores the mental health impacts of the coronavirus (COVID-19) pandemic on staff working in the NHS.
The state of medical education and practice in the UK: 2020 This report finds that, despite the pressures caused by Covid-19, 89 per cent of doctors experienced at least one positive change during the pandemic. However, it found that black and minority ethnic doctors were less likely to share the positive experiences reported by many of their white counterparts.
News
COVID-19: Care homes at risk of being overwhelmed again as outbreaks triple Staff shortages of up to 50% are exacerbating the problem - and many homes are at breaking point.
Bevan Brittan Updates
Covid-19 Vaccination: FAQs for Health & Social Care Employers. This FAQ has been prepared to assist employers in the health and social care sectors to manage the workforce issues relating to the COVID-19 vaccine. It is prepared on the basis of legislation and Government guidance as at 8 January 2021. This FAQ does not constitute tailored legal advice and we recommend that legal advice is obtained on a case-by-case basis. Jodie Sinclair
‘One sided’ change to contracts on Covid jabs could lead to legal challenge. Businesses and organisations following the lead of a major plumbing firm in demanding its staff have Covid vaccinations should consider the move carefully to ensure they do not leave themselves open to legal challenge. Jodie Sinclair
Bevan Brittan Events
How we can help
We can offer support and advice on managing many workforce issues including flexing your workforce to respond to the pandemic, managing bank staff, redeployment, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home 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.
Finance
Publications/Guidance
Reforming the finances of the NHS. A new financial architecture for the NHS requires coherence and balance, and a recognition that any national financial strategy will be heavily mediated by the quality of local relationships. Our new long read discusses how lessons from the recent history of NHS finances can help the system plan for the future.
How charges for NHS hospital care will apply to overseas visitors from 1 January 2021 This guidance sets out information for overseas visitors on charging for NHS hospital care from 1 January 2021.
NHS entitlements: migrant health guide. Advice and guidance for healthcare practitioners on the health needs of migrant patients.
Guidance for non-NHS bodies on implementing the NHS overseas visitors charging regulations. Updated Department of Health and Social Care guidance to help non-NHS bodies implement the National Health Service (Charges to Overseas Visitors) Regulations 2015 signposts them to existing resources available to NHS bodies that will also be of use to non-NHS bodies. It was updated with information on access to healthcare for EU citizens now the Brexit transition period has ended, reflecting the terms of the UK-EU Trade and Co-operation Agreement on reciprocal healthcare arrangements.
If you wish to discuss any queries you may have around finance please contact Claire Bentley.
Information sharing/data
Publications/Guidance
DRAFT guidance about the appointment of Caldicott Guardians, their role and responsibilities from the National Data Guardian for Health and Social Care. Guidance from the National Data Guardian, intended for all public bodies within the health and adult social care sector that handle confidential information about patients or service users, advises on the appointment of Caldicott Guardians, their role, responsibilities, competencies, knowledge, training, and continuous professional development.
If you wish to discuss any queries you may have around inquests please contact Jane Bennett.
Inquests
Publications/Guidance
Law Sheet 6. The New Chief Coroner, HHJ Teague, has published his first legal guidance in the form of “Law Sheet 6” addressing the impact of the case of R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 on coronial practice.
News
Appointment of new Chief Coroner. Judge Thomas Teague QC was appointed as Chief Coroner of England and Wales, in succession to Judge Mark Lucraft, from 24 December 2020 for a three-year term.
If you wish to discuss any queries you may have around inquests please contact Toby De Mellow.
Mental Health
Publications/guidance
Guidance on the electronic communication of statutory forms under the Mental Health Act. Updated Department of Health and Social Care guidance on the electronic communication of statutory forms under the Mental Health Act 1983. The guidance explains: the circumstances in which statutory forms and other documents can be sent electronically; best practice for sending them electronically; and general principles around sending, signing and storing electronic forms.
Mental health policy in England. House of Commons Library briefing on mental health policy in England.
Digital inclusion in mental health: a guide to help improve access to digital mental health services In the wake of Covid-19, the use of remote or digital mental health services was accelerated or adopted to ensure individuals who need services could continue to access support. This guide aims to help mental health service providers ensure all individuals in need of mental health services have choice in the care they receive, and nobody is excluded due to a lack of digital access, confidence or skills.
CQC, 'Monitoring the Mental Health Act in 2019/20: The Mental Health Act in the COVID-19 pandemic'. This annual report on the CQC monitoring of the Mental Health Act (MHA) puts a specific focus on the impact that the COVID-19 pandemic has had on patients detained under the MHA, and on the services that care for and treat them.
The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance Offering a vaccine to someone who lacks the relevant mental capacity. Testing someone who lacks the relevant mental capacity without their consent
DHSC publishes factsheets on new Liberty Protection Safeguards scheme. On 27 and 30 November 2020, the Department for Health and Social Care (DHSC) published two factsheets on various aspects of the new Liberty Protection Safeguards (LPS) scheme expected to be implemented in April 2022. The new scheme, under the Mental Capacity (Amendment) Act 2019, will replace the current Deprivation of Liberty Safeguards (DoLS) regime in Schedule A1 to the Mental Capacity Act 2005. The new factsheets cover:
• What the LPS are. This includes the key changes introduced by the LPS scheme and the three assessments which will form the basis of the authorisation of the LPS.
• The LPS scheme process. This includes the making of a referral, representation and support for those who may be subject to a LPS referral, assessments and authorisation, and reviews of authorisations. It is expected that further factsheets will be added to this page in the future.
COVID-19: supporting adults with learning disabilities and autistic adults Guidance for care staff who are supporting adults with learning disabilities and autistic adults during the coronavirus (COVID-19) outbreak.
Parole Board, 'Guidance on Restricted Patients and the Mental Health Act' This guidance provides information on the different types of transfers under the Mental Health Act 1983 (as amended 2007) and guidance to Parole Board members sitting in secure mental health settings. This replaces the following pieces of guidance: (1) Member Case Assessment Guidance - Annex 6 - Guidelines for MCA members on assessment of cases where the offender is held within a mental health unit (MHU) establishment. (2) References to the previous guidance have also been removed from: Oral Hearing guide - Chapter 1 - Pre-Hearing Issues (section 5).
Children and young people’s mental health – policy, CAMHS services, funding and education House of Commons Library briefing on children and young people’s mental health policy
Consultations
Reforming the Mental Health Act. An independent review of the Mental Health Act 1983 (MHA), published in 2017, looked at how it’s used and made suggestions for improvement. It concluded that the MHA does not always work as well as it should for patients, their families and their carers. This White Paper proposes a range of changes, based on four principles that have been developed with people with lived experience of the MHA. They are: choice and autonomy; least restriction; therapeutic benefit; and the person as an individual. The consultation on these proposals closes on 21 April 2021.
News
Lord Chancellor Robert Buckland has announced that he has commissioned a call for evidence and a review of how the Government plans to support people with neurodivergent conditions such as autism and dyslexia, as well as those with acute mental health problems, within the criminal justice system. Plans include putting a stop to confining people to a psychiatric hospital as a way of managing potentially dangerous behaviour.
Bevan Brittan Updates
How should care homes be managing the contact needs of patients during the Coronavirus pandemic? Ruth Atkinson-Wilks
Case Summary: A London NHS Trust v KB & Anor [2020] EWCOP 59 Nicole Ridgwell
How should you write and structure a Section 49 Report or an expert report on P’s Capacity in Court of Protection proceedings? Ruth Atkinson-Wilks
When should a court re-consider an earlier best interest determination? James Williams
If you wish to discuss any mental health issues facing your organisation please contact Hannah Taylor, Simon Lindsay or Stuart Marchant.
Primary Care
Publications/guidance
Coronavirus: Long Covid. This briefing provide an overview of long Covid, the impacts of this condition and the development of clinical guidance and services for those affected. It also provides links to further reading and Parliamentary material. There was also a debate in the House of Commons on 14th January in relation to Long Covid.
Accessing government-secured flu vaccines: guidance for GPs How GP practices in England can access the extra stock of flu vaccines this winter that the government has secured.
NHS primary medical services directions These directions set out the legal framework under which General Practitioners (GP) operate and are paid.
News
Three digital health companies join forces to enable GP video sharing Cognitant Group, eConsult Health and HCI have joined forces to allow GPs to undertake online consultations and easily share health information with patients.
Coronavirus – Top 10 tips on what to do in primary care.
CQC: No evidence that remote GP consultations increase A&E attendance.
GPs charging domestic abuse victims up to £150 to confirm injuries. Responding to reports that GPs are not complying with guidance issued by the British Medical Association (BMA) by charging domestic abuse victims up to £150 to confirm their injuries, the Victims Commissioner, Dame Vera Baird, expressed frustration at the practice and reiterated the call, first made in 2015, for the Government to abolish such fees by bringing the service, classified at non-NHS private work, inside core doctors' contracts. The issues was highlighted during the second reading of the Domestic Abuse Bill 2019-21.
Bevan Brittan Updates/Videos
Bevan Brittan has collaborated with NHS Resolution to produce a series of videos outlining key areas in general practice that frequently give rise to claims. Members of our clinical negligence team draw on their wealth of experience in dealing with claims to highlight the common areas of risk, provide guidance on how to mitigate or avoid these issues, and what steps to take if a complaint or a claim is received. The first three videos in this series are available to watch now. See below:-
Consent - Daniel Morris
Medical record keeping - Ben Lambert
Administrative errors - Susan Trigg
What to do if you receive a complaint or claim - Joanne Easterbrook
Common pitfalls - Helen Carrington
Other useful resources from NHS Resolution for primary care are set out below:-
1. General Practice Indemnity schemes
2. Understanding the Clinical Negligence Scheme for General Practice
3. Handling claims under the Clinical Negligence Scheme for General Practice
4. Covid-19 guidance for general practice
How 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.
Providers
Publications/Guidance
Accessing government-secured flu vaccines: guidance for NHS providers. How NHS providers in England can access the extra stock of flu vaccines this winter that the government has secured.
Supporting public health: maternity care These documents aim to support local authorities and providers in commissioning and delivering maternal public health services. The guidance identifies six areas where local maternity systems have the highest impact on the health and wellbeing of women and their babies from preconception to six to eight weeks post partum.
Supported living services during coronavirus (COVID-19) Guidance for providers of supported living settings.
Consultations
The world of health and social care is changing. So are we. A Care Quality Commission consultation presents its draft strategy for regulation setting out changes to the way it regulates to make it more relevant, working with health and care services to find solutions to problems and improve outcomes. Comments by 4 March 2021.
Take a look at this article by Bevan Brittan Partner Siwan Griffiths. Contribute to CQC consultation process - Care home providers should contribute to the CQC consultation process as the regulator looks to revise its strategy for the first time since 2016.
If you wish to discuss any queries you may have around providers please contact Vincent Buscemi.
Public Health
Publications/guidance
Supporting public health: maternity care These documents aim to support local authorities and providers in commissioning and delivering maternal public health services. The guidance identifies six areas where local maternity systems have the highest impact on the health and wellbeing of women and their babies from preconception to six to eight weeks post partum.
Covid-19 vaccination programme: information for healthcare practitioners This document about the Covid-19 vaccination programme is intended for health care staff involved in delivering the programme. It includes detailed information on: the background of the programme; the vaccines (as they become available); vaccine recommendations and eligibility; contra-indications and precautions; and vaccine administration issues.
Covid-19 vaccinator competency assessment tool This document has been developed to support the training and assessment of health care workers involved in delivering the Covid-19 vaccine programme.
Public health medicine pandemic experience survey This survey of doctors working in public health and health protection roles has exposed criticism and scepticism with the government’s plans to reorganise Public Health England, and the opportunities for doctors to help shape any changes. The survey further found doctors reporting dangerously high levels of mental and physical fatigue as a result of battling Covid-19, coupled with resentment with the sense their branch of practice had been overlooked by decision-makers.
If you wish to discuss any queries you may have around public health please contact Claire Bentley.
Regulation
Publications/guidance
CQC, 'Monitoring the Mental Health Act in 2019/20: The Mental Health Act in the COVID-19 pandemic'. This annual report on the CQC monitoring of the Mental Health Act (MHA) puts a specific focus on the impact that the COVID-19 pandemic has had on patients detained under the MHA, and on the services that care for and treat them.
The world of health and social care is changing – so are we The CQC's draft strategic plan for the next five years is open for public consultation. It aims to make regulation more relevant, working with health and care services to find solutions to problems and improve outcomes for everyone. The CQC also wants to be more flexible to help manage risk and uncertainty. The consultation closes on 4 March 2021.
If you wish to discuss any queries you may have around regulation please contact Stuart Marchant.
Social Care
Publications/Guidance
Designated settings for people discharged to a care home – guidance Government guidance on the designated settings scheme for people discharged from hospital to a care home with a positive coronavirus (COVID-19) test.
COVID-19: supporting adults with learning disabilities and autistic adults Updated government guidance for care staff who are supporting adults with learning disabilities and autistic adults during the coronavirus (COVID-19) outbreak to include the new National Lockdown.
COVID-19 vaccination: a guide for social care staff. A useful source for providing information about the vaccine to staff.
COVID-19 vaccination programme. Documents relating to the new coronavirus (COVID-19) vaccination programme including consent forms and letters for care home residents and staff.
Visiting care homes during COVID-19. Updated government guidance for visiting care home residents, to reflect the new national lockdown rules.
Coronavirus: Adult social care key issues and sources This Commons Library briefing paper provides an overview of key issues facing the adult social care sector during the coronavirus (Covid-19) outbreak, and provides links to some of the key official guidance for the sector.
Consultations
The world of health and social care is changing. So are we. The CQC consultation presents its new 5 year draft strategy for regulation. Comments by 4 March 2021.
Take a look at this article by Bevan Brittan Partner Siwan Griffiths Contribute to CQC consultation process - Care home providers should contribute to the CQC consultation process as the regulator looks to revise its strategy for the first time since 2016.
News
Covid in care homes: Is the Government about to make the same mistakes again? Home owners fear history is threatening to repeat itself and could destroy a sector already under pressure.
Nuffield Trust response to latest ONS mortality statistics Sarah Scobie responds to the weekly mortality stats from the Office for National Statistics for the week ending 1 January 2021.
COVID-19: Care homes at risk of being overwhelmed again as outbreaks triple Staff shortages of up to 50% are exacerbating the problem - and many homes are at breaking point.
Social care sector to receive £269 million to boost staffing levels and testing. Social Care is to receive £269 million to boost staffing levels and testing.
Insurance risks prompt UK care homes to reject hospital patients Care homes across the UK are refusing to take hospital patients because they are struggling to secure adequate liability insurance, adding to pressure on the NHS as it struggles to cope with a surge in Covid-19 admissions.
Bevan Brittan Updates
Consultation – CQC’s New 5 Year Strategy Siwan Griffiths.
‘One sided’ change to contracts on Covid jabs could lead to legal challenge. Businesses and organisations following the lead of a major plumbing firm in demanding its staff have Covid vaccinations should consider the move carefully to ensure they do not leave themselves open to legal challenge. Jodie Sinclair.
If you wish to discuss any queries you may have around social care please contact Siwan Griffiths.
General
Publications/Guidance
How charges for NHS hospital care will apply to overseas visitors from 1 January 2021. Information for overseas visitors on charging for NHS hospital care from 1 January 2021.
Shared decision making and consent are fundamental to good medical practice. This guidance explains that the exchange of information between doctor and patient is essential to good decision making. Serious harm can result if patients are not listened to, or if they are not given the information they need - and time and support to understand it - so they can make informed decisions about their care.
Joint Committee on Vaccination and Immunisation: advice on priority groups for Covid-19 vaccination. This advice is provided to facilitate the development of policy on Covid-19 vaccination in the UK. The Joint Committee on Vaccination and Immunisation (JCVI) advises that the first priorities for the current Covid-19 vaccination programme should be the prevention of Covid-19 mortality and the protection of health and social care staff and systems. Secondary priorities could include vaccination of those at increased risk of hospitalisation and at increased risk of exposure, and to maintain resilience in essential public services. This document sets out a framework for refining future advice on a national Covid-19 vaccination strategy.
2020: the health policy year in 12 charts The wheels of health policy turn quickly. So, as 2021 begins let’s look back at the key health policy moments of 2020 to see the challenges and opportunities the year brought.
Health and care in 2021: what can we expect? 2021 finds the NHS, social care, public health and indeed the whole country even deeper in the Covid-19 crisis that began in March, now made massively more challenging by the new strain of Covid. Yet as severe as the crisis is right now, the vaccination programme offers hope that the worst will soon begin to recede even if the wider impact of the virus will be felt for a long time yet. Hard as it may be to look beyond the challenges of January and February, what may the rest of 2021 hold for health and care?
Perspectives from the front line: the disproportionate impact of Covid-19 on BME communities This report finds that the effects of longstanding health and socio-economic inequalities and institutional racism lie behind the disproportionate impact of Covid-19 on people from black and minority ethnic (BME) backgrounds. It distils the findings of a research study into the underlying factors. It is based on interviews with BME NHS leaders, clinicians, community organisations and service users, and a survey of more than 100 members of the NHS Confederation’s BME Leadership Network.
If you wish to discuss any queries around this general topic please contact Claire Bentley.
Related Insights
Civil Procedure Rules, Part 36 offers and recent decisions in 2024
Jul 9 2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Read More
Perplexing Presentations and Fabricated and Induced Illness in...
Jul 4 2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Read MoreScientific Developments in the causation of birth injuries. Is...
Jun 25 2024
Bevan Brittan Education Lunchtime Training Webinars 2024
Read More