28/02/2021
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.
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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. You can sign up to watch the training sessions remotely via our webinar facility. Please contact Claire Bentley.
Please note that registration for each webinar will close when the webinar starts, so please do ensure you have booked your place in advance to guarantee your attendance
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.
WEBINAR - Reforming the Mental Health Act: Have your say on the White Paper Consultation Questions- 18th March 2021 10am - 11am
Clinical Risk
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.
Providers
WEBINAR - Your options for provider collaboration within your Integrated Care System (ICS) - 10th March 2021 11am.
Acute and emergency care
Publications/Guidance
Covid-19 insight: winter pressures for urgent and emergency care. This briefing looks at the evidence so far about how health and care services have been affected by the pandemic during this winter, and discuss what action the CQC is taking to provide constructive support.
Implementing a Home First approach to discharge from hospital LGA and ADASS have produced a short ‘top tips’ guide to safe, timely and appropriate discharge from hospital. It provides a short list of questions systems should be asking themselves to ensure they are putting individuals first by promoting a Home First and discharge to assess approach.
Hospital discharge service guidance. Guidance on how health and care systems should support the safe and timely discharge of people who no longer need to stay in hospital.
If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.
Brexit
Publications/Guidance
Brexit and beyond This collection of essays looks ahead to the scale and scope of the agenda that confronts the UK post-Brexit. It takes a broad look across public policy (including health and social care policy), public opinion, politics and the economy.
If you wish to discuss any queries you may have around Brexit please contact Claire Bentley.
Children and young people
Publications/Guidance
The state of children’s mental health services 2020/21 This report examines the progress that has been made over the past five years as well as looking at the impact the Covid crisis has had on children’s mental health. It finds that while there has been an expansion of children’s mental health services over the past four years, services are still nowhere near meeting the needs of many hundreds of thousands of children.
Reforming the Mental Health Act. There are a few changes being consulted on for children and young people, including Care, Education and Treatment Reviews and the right for a child to choose a nominated person. If you have any thoughts please contact flora.wilkie@local.gov.uk
Profit making and Risk in Independent Children’s Social Care Placement Providers. The challenges arising from this study are therefore how policy makers and commissioners, armed with an improved understanding of provider financial dynamics, can work more strategically together in stewarding the sector in a more harmonious and effective manner for the benefit of children and young people who rely on the services provided.
Independent review of children’s social care. The Department for Education (DfE) has launched its independent review of children's social care. The review will be chaired by Josh MacAlister, who founded social work charity Frontline. Councils say is an important opportunity to consider how we can ensure that we have the right homes for all children in care, and that money spent on those placements is improving outcomes for children.
Special Educational Needs: support in England This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN). The briefing provides an overview of the new system introduced in 2014, the transitional arrangements, and how the new system differs from that which preceded it. It also includes a brief history of the movement towards reform that preceded the 2014 changes, and information on the impact of the new system available to date.
We can’t prevent childhood obesity by education alone: lessons from the evidence base This briefing examines randomised control trials across a range of countries and settings. It analyses the focus of the trials through a wider determinants of health lens, and compares the focus of interventions against previously mapped causes of obesity – which show that approximately 60 per cent of the causes come from living and working conditions, such as housing or transport, or wider conditions, such as income equality or land use.
Can variation help to explain the rise in emergency admissions for children aged under five up to 2018/19? Children under the age of five accounted for ten per cent of emergency attendances and nine per cent of emergency admissions in 2018/19, despite representing less than six per cent of the population – what might some of the factors behind this be? This research considers some of the data and service-related issues that may be affecting this troubling observation. A further research appendix provides further charts and analysis that look at the issue in more depth.
Working for babies: lockdown lessons from local systems This report summarises the impacts on babies of Covid-19 and the spring 2020 national lockdown. The report also explores how local systems responded to the challenges presented by Covid-19. It seeks to understand the factors that have shaped the response by services that support babies and their families. Most importantly, the report seeks to ensure that lessons are learnt for the future of service provision for this age group.
Bevan Brittan Updates
Claims Online February 2021 - Young v Downey: Impact on children as secondary victims - Laura Harrison
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
DHSC and NHS Resolution framework agreement Describes the working relationship between the Department of Health and Social Care and NHS Resolution.
Maternity and neonatal safety champions toolkit This toolkit aims to provide information and resources to help safety champions to develop strong partnerships, promote positive professional cultures, and support the delivery of the safest care possible through best practice.
Never events: analysis of HSIB's national investigations ‘Never events’ are patient safety incidents that are defined as being wholly preventable. They are considered wholly preventable because guidance or safety recommendations are in place at a national level and should have been implemented by all providers in the health care system. This should act as a strong systemic barrier to prevent the serious incident from happening. This national learning report examines the findings of the investigations previously carried out by HSIB concerning incidents classified as 'never events'.
Resource allocation in public sector programmes: does the value of a life differ between governmental departments? This report examines whether there are differences in the value of life estimates recommended for use across government departments in Australia, Canada, Japan, New Zealand, South Korea, the Netherlands and the UK. The departments of interest were those known to use some form of valuation of human life: health, social care, transport and environment. For each country, a literature review was conducted to identify evidence from technical reports, guidelines and tools published directly by government departments indicating methods for conducting impact assessments or appraisals.
Cases
Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 A wholly unreliable witness is not necessarily a dishonest one.
(1) Lynette Polmear (2) M Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB). The court dismissed a hospital's application to strike out a couple's claim for damages for psychiatric injury as secondary victims after witnessing their daughter's collapse and death. Although she had had symptoms for months which would have given rise to an actionable claim for damages on her behalf for the hospital's admitted failure to diagnose her life-threatening condition, that prior actionable damage was not a bar to recovery and the parents' claim was not bound to fail.
News/articles
Government undertaking "intensive" review of clinical negligence compensation Minister for Mental Health, Suicide Prevention and Patient Safety Nadine Dorries, speaking to Parliament's health and social care committee as part of its inquiry into the safety of maternity services in England, has confirmed that the Government is undertaking "intensive" work on reshaping the compensation system for victims of clinical negligence, including a consultation looking at both compensation and patient safety.
Surgeons fear legal claims from patients who have had treatment delayed. Neil Mortensen, president of the Royal College of Surgeons, has advised surgeons to keep "brilliant notes" to protect themselves from legal claims from patients who have had treatment delayed during the coronavirus (COVID-19) pandemic. He stated that he was "frightened that the medico-legal storm" would strip cash needed by the NHS to reduce backlogs. NHS England figures show 4.52 million people are awaiting treatment, which could double by April 2021.
Bevan Brittan Updates
Claims Online February 2021:-
Covid-19 is no excuse for non-compliance - Alisha Muhmood
Young v Downey: Impact on children as secondary victims - Laura Harrison
Elective care in England: Assessing the impact of Covid-19 and where next - Mark Amphlett
Legislative proposals for a Health and Care Bill - Joanna Lloyd
Integration and Innovation: the White Paper proposals touching on digital and data driven health and social care - Dan Morris
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 - 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.
WEBINAR - Reforming the Mental Health Act: Have your say on the White Paper Consultation Questions- 18th March 2021 10am - 11am
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
Integration and innovation: working together to improve health and social care for all This White Paper sets out legislative proposals for a Health and Care Bill. The proposals are designed to support the health and care system to work together to provide high-quality health and care, so people can live longer, healthier, active and more independent lives. There is a plan for a new commissioner model with CCG functions being transferred to NHS Integrated Care Bodies, which will in effect replace them. Providers will have board representation on ICS boards and there is to be closer collaboration with the local authorities.
Learning disability and autism - host commissioner guidance: quality oversight of CCG-commissioned inpatient care for people with a learning disability and autistic people The NHS long-term plan made a commitment to making sure that people with a learning disability and/or people with autism are safe and are getting high-quality inpatient care. This guidance for commissioners aims to support the quality oversight of clinical commissioning group-commissioned inpatient care for people with a learning disability and/or people with autism. This includes the minimum expectations for oversight during the coronavirus pandemic.
Learning disability and autism: framework for commissioner oversight visits to inpatients The NHS long-term plan made a commitment to making sure that people with a learning disability and/or people with autism are safe and are getting high-quality inpatient care. This guidance for commissioners and case managers aims to support the implementation of best practice in relation to commissioner oversight visits. This includes the minimum expectations for visits during the coronavirus pandemic.
Older and wiser: a practical guide for developing, commissioning and operating age-friendly homes This guide is intended to show how housing associations, local councils and private developers who may be looking to develop specialist housing for the first time can deliver greater numbers and a wider range of accommodation to meet the needs of older people.
Bevan Brittan Updates
Legislative proposals for a Health and Care Bill - Joanna Lloyd
Integration and Innovation: the White Paper proposals touching on digital and data driven health and social care - Dan Morris
Integration and Innovation; the proposals for procurement and competition - Emily Heard
Health and Care White Paper: opportunities for Local Authorities. - Kirtpal Kaur-Aujla
If you wish to discuss the issue of commissioning please contact David Owens.
Digital Health
Publications/guidance
Digital Technology Assessment Criteria (DTAC). The Digital Technology Assessment Criteria for health and social care (DTAC) gives staff, patients and citizens confidence that the digital health tools they use meet our clinical safety, data protection, technical security, interoperability and usability and accessibility standards. See also this news article
New review into use of health data for research and analysis The review will focus on the more efficient and safe use of health data for research and analysis for the benefit of patients and the healthcare sector.
Smartphone technology in bid to revolutionise early detection of kidney disease NHSX, the digital transformation arm of the NHS, is supporting Healthy.io to offer 500,000 patients with diabetes and high blood pressure technology-supported home-testing kits that allows them to test, scan and transmit their results to their GP through a pioneering artificial intelligence app which turns their smartphone into a medical device.
Digital health during the Covid-19 pandemic: learning lessons to maintain momentum This report draws on research and case studies of good practice in digital health during the pandemic and offers recommendations on how the UK could capitalise on digital health to benefit patients, the NHS and wider society, once the pandemic subsides. It highlights that uptake of digital health technologies has been limited, while patient experience of technologies, including video conferencing and mobile apps, has been mixed.
PPP Digitisation of Healthcare and Medical Technologies State of the Nation Report. This report is a synthesis of perspectives aiming to provide a cross-industry narrative, and a set of recommendations regarding how the digitisation of health and care should proceed. This includes both strategy and policy recommendations for healthcare leaders and policymakers.
AI and healthcare This briefing gives an overview of AI (artificial intelligence) in the health care system and its potential impacts on the cost and quality of health care, and on the workforce. It summarises the challenges to wider adoption of AI in health care, including those relating to safety, privacy, data-sharing, trust, accountability and health inequalities. It also outlines some of the regulations relevant to AI and how these may change.
Ageing: science, technology and healthy living This report finds that while life expectancy in the UK has continued to increase year on year, healthy life expectancy – the time an individual can expect to live in good health – has not kept pace. It identifies approaches from science and technology that could help to increase healthy life expectancy, and assesses the role of public health interventions and national regulations in helping people to age more healthily.
Delivering core NHS and care services during the pandemic and beyond: government response to the Committee's second report of session 2019-2021 This report finds that the Covid-19 response has greatly accelerated the use of digital technology, has mainstreamed remote consultations, and similar effects are being seen for remote monitoring. There has been greater flexibility and resilience in the workforce, as well as improved decision-making and access to information through the better use of data and simplified information governance guidance. It concludes that these changes should be embedded and extended to support the health and care system’s recovery from the pandemic and ongoing resilience.
Connected Citizens. The report looks at a number of issues and ideas around innovating a new UK digital model to radically improve capabilities and provide world-leading digital connectivity. The report addresses the widespread trialling of new technologies since the outbreak of the pandemic, and addresses issues around the UK’s ambition to achieve its 10-point ‘green industrial revolution’ and international climate action goals, and why a nationwide infrastructure deployment on a mass scale will be needed. It also looks at the benefits that can be gained by converging these plans into one ambitious operating model, which the UK needs to create a safe, secure, and sustainable digital future, built on a world-leading base of digital green infrastructure.
Bevan Brittan Updates
Integration and Innovation: the White Paper proposals touching on digital and data driven health and social care - Dan Morris
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
NHS staffing after Covid-19. A House of Lords Library In Focus article, ahead of a short debate in the House of Lords on 4 March 2021 and in light of increased focus on the NHS during the coronavirus (COVID-19) pandemic, looks at whether the NHS has enough staff to meet the country's healthcare needs and what is being done to increase staffing levels.
Standards of Education and Practice for Nurses New to Care Home Nursing. The important and increasingly complex role of care home nursing has been recognised through the creation of the first-ever standards for nurses working in these settings.
Workforce Capacity Fund for adult social care. Information for local authorities and adult social care providers on the £120 million Workforce Capacity Fund during coronavirus (COVID-19).
Social care funding and workforce report: government response The government’s response to the Health and Social Care Committee’s report ‘Social care: funding and workforce’.
Statement on the use of Covid-19 positive staff in care settings. It sets out our expectations around how local systems should work together to address workforce challenges due to the pandemic, in order to follow national guidance and keep people safe.
Application of pay progression from 1 April 2021 A joint working group of the NHS Staff Council Executive has produced guidance to support the application of pay progression during the Covid-19 pandemic. The main principle is that there will be no delay to the pay progression arrangements.
Supporting the mental health of NHS staff: the role of NHS leaders in reducing mental health stigma and creating mentally healthy cultures This guide, funded by the British Medical Association and posted on the Mental Health at Work website, aims to provide practical advice, hints and tips to help NHS leaders and line managers to create mentally healthy cultures and support better mental health. It includes information about mental health stigmas, and how to break them down. It is the first of a series of resources aimed at NHS leaders, managers and champions.
Cost of living and the impact on nursing labour outcomes in NHS acute trusts This report examines the effect that variation in the cost of living has on the labour supply of existing nurses in NHS acute trusts. The report focuses on Band 5 and 6 nurses, which accounted for 23 per cent of the workforce in NHS acute trusts in 2018. It uses administrative payroll data to examine how trusts and nurses react to changes in the local cost of living, and the impact these changes have on the amount of labour supplied by existing nurses.
Code of practice for the international recruitment of health and social care personnel Sets out the principles and best practice benchmarks health and social care employers and recruitment agencies must follow to ensure effective, ethical international recruitment.
NHS Pension Scheme: increased flexibility. The Department of Health and Social Care received more than 2,200 responses to this consultation and has published a summary of the responses and what the next steps will be.
Is it finally good news for student nursing numbers? In 2020, the number of student nurses jumped by over 25 per cent: an increase of more than 6,000 in just one year. David Maguire explores some of the causes of this impressive jump and how the reintroduction of the maintenance grant for student nurses has impacted the NHS workforce.
Bevan Brittan Updates
Covid-19 Vaccination: Further FAQs for Health & Social Care Employers - Jodie Sinclair
Government revokes the Restriction of Public Sector Exit Payments Regulations 2020 - Sarah Lamont
Employment Eye February 2021 - Jodie Sinclair
Covid-19 :Vaccination programme for employers
Covid-19: Carry Over of Holiday Leave
Update: The Pensions Scheme Act
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
Publicly funded hospital care: expenditure growth and its determinants Understanding the drivers of growth in health care expenditure is crucial for forecasting future health care requirements and for the efficient use of resources. This paper considers total hospital admitted care expenditure in England between 2009/10 and 2016/17.
If you wish to discuss any queries you may have around finance please contact Claire Bentley.
Information sharing/data
Publications/Guidance
National Data Guardian invites feedback on draft Caldicott Guardian guidance The NDG is inviting people to comment on draft guidance that, when implemented, will mean more areas of health and adult social care should have a Caldicott Guardian
New review into use of health data for research and analysis The review will focus on the more efficient and safe use of health data for research and analysis for the benefit of patients and the healthcare sector.
If you wish to discuss any queries you may have around inquests please contact Jane Bennett.
Inquests
Publications/Guidance
Coroners' investigations and inquests A House of Commons Library research briefing on coroners' investigations and inquests in England and Wales covers: the circumstances in which a coroner's investigation and inquest is held; the impact of human rights legislation; legal aid; the procedure at an inquest and when the coroner must sit with a jury; the standard of proof at an inquest; who is entitled to ask for information relating to an investigation; and reports to prevent future deaths.
News
Jury inquest in Kent successfully trials use of digital documentation in Court. With the implementation of the Civica Casework Case Management System during a complex jury inquest in November/December 2020, the Court fully digitalised the production, sharing, review and presentation of court documents and evidence. All relevant individuals during the hearing, including the presiding coroner, legal representatives and jury members, could engage and follow proceedings using individual iPads and the large screens placed in court.
If you wish to discuss any queries you may have around inquests, please contact Toby De Mellow, Samantha Minchin or Claire Leonard
Mental Health
Publications/guidance
Working together to improve patient care: how PCNs are working in partnership to support people’s mental health Mental health disorders are one of the common causes of morbidity in England and primary care plays a key role in supporting patients’ mental health and wellbeing, so it has become a priority for many primary care networks (PCNs). This briefing provides examples of three models of partnership working that are currently under way in primary care to support mental health at place level.
Partnership for Responsive Policy Analysis and Research (PREPARE) Understanding clinical decision-making at the interface of the Mental Health Act (1983) and the Mental Capacity Act (2005) The Mental Health Act (1983) (MHA) and the Mental Capacity Act (2005) (MCA) both provide a legal means by which people can be deprived of their liberty and admitted to hospital on a formal basis when they lack capacity to consent to their admission and treatment. A key interface of the MHA and the MCA arises where an individual lacks the capacity to decide whether to be admitted to hospital to receive care and treatment, and are not objecting to admission or treatment, then the decision of which Act to use for these purposes is that of professionals involved. This report looks at that decision-making process.
Learning Disability House of Commons Library briefing on policies and services for people with a learning disability in England.
Guidance on appointing Official Solicitor as P's litigation friend in COP As reported by Mental Capacity Law and Policy, the Official Solicitor has published two practice notes on the practicalities of its appointment as litigation friend of a protected person (P) in the Court of Protection (COP) and requests by the COP that the Official Solicitor acts as, or appoints counsel to act as, an advocate to the COP. One note deals with health and welfare proceedings and the other with property and affairs proceedings. Both notes are dated 3 February 2021.
Liberty Protection Safeguards: settings and Responsible Bodies The Liberty Protection Safeguards (LPS) will provide protection for people aged 16 and above who are, or who need to be, deprived of their liberty in order to enable their care or treatment and who lack the mental capacity to consent to their arrangements. People who might have an LPS authorisation include those with dementia, autism and learning disabilities who lack the relevant capacity.
Mental Capacity (Amendment) Act 2019: Liberty Protection Safeguards (LPS) Legislation and guidance on the Liberty Protection Safeguards (LPS) and the latest information on progress towards their implementation.
Liberty Protection Safeguards factsheets Information about Liberty Protection Safeguards (LPS).
A useful presentation on the LPS background and walkthrough by Alex Ruck-Keene.
The state of children’s mental health services 2020/21 This report examines the progress that has been made over the past five years as well as looking at the impact the Covid crisis has had on children’s mental health. It finds that while there has been an expansion of children’s mental health services over the past four years, services are still nowhere near meeting the needs of many hundreds of thousands of children.
Treatment of autistic people and individuals with learning disabilities The Health and Social Care Committee is to launch a short inquiry on improving the way autistic people and individuals with learning disabilities are treated. The first of two evidence sessions will focus on the use of restraint and "sectioning". The inquiry will also consider what the Government plans to reform mental health legislation will mean for autistic people and individuals with learning disabilities.
Learning disability and autism - host commissioner guidance: quality oversight of CCG-commissioned inpatient care for people with a learning disability and autistic people The NHS long-term plan made a commitment to making sure that people with a learning disability and/or people with autism are safe and are getting high-quality inpatient care. This guidance for commissioners aims to support the quality oversight of clinical commissioning group-commissioned inpatient care for people with a learning disability and/or people with autism. This includes the minimum expectations for oversight during the coronavirus pandemic.
Learning disability and autism: framework for commissioner oversight visits to inpatients The NHS long-term plan made a commitment to making sure that people with a learning disability and/or people with autism are safe and are getting high-quality inpatient care. This guidance for commissioners and case managers aims to support the implementation of best practice in relation to commissioner oversight visits. This includes the minimum expectations for visits during the coronavirus pandemic.
Impact assessment of the Mental Capacity (Amendment) Act 2019. A Department of Health and Social Care assessment of the amendment which introduced the Liberty Protection Safeguards (LPS) to replace the Deprivation of Liberty Safeguards (DoLS). It provides an assessment of DoLS at present and fully funded, as well as for LPS as set out in the Mental Capacity (Amendment) Act 2019.
Mental health, learning disabilities and autism: Guidance. Updated 25 January 2021. 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. It will be regularly updated to reflect the rapidly changing context and questions/concerns and feedback from the sector.
News
Inquiry at mental health trust where 11 patients died. An independent inquiry will investigate the Essex Partnership University NHS Foundation Trust, which pleaded guilty in November 2020 to failures of care in the deaths of 11 mental health patients. The trust accepted that its predecessor, the North Essex Partnership University NHS Foundation Trust, had failed to properly manage the suicide risk of its patients between 2004 and 2015 by failing to deal with "fixed ligature points" in its in-patient units that people could use to take their own lives.
Bevan Brittan Events
WEBINAR - Reforming the Mental Health Act: Have your say on the White Paper Consultation Questions- 18th March 2021 10am - 11am
Bevan Brittan Updates
Major reforms to mental health laws outlined in White Paper - Simon Lindsay
If you wish to discuss any mental health issues facing your organisation please contact Simon Lindsay Hannah Taylor,or Stuart Marchant.
Primary Care
Publications/guidance
Health creation: how can primary care networks succeed in reducing health inequalities? THCA, together with the Royal College of General Practitioners Health Inequalities Standing Group, held a series of multi-stakeholder events between February and September 2020. These considered how general practice and primary care work differently with communities and local partners to reduce health inequalities and what primary care networks can do to enable and create the conditions for practices to work differently with local partners to reduce health inequalities. This report summarises the discussions.
COVID-19 vaccination: consent form and letter for social care staff Coronavirus (COVID-19) vaccination consent forms and letter templates for use by GPs, the NHS or healthcare and social care employer organisations.
Find and Treat: taking health care on to the streets of London In this blog, Aamena Bharmal, a GP Specialist trainee at The King’s Fund, reflects on her time spent with Find and Treat, an NHS-funded street outreach service.
Sleeping rough during Covid-19 and beyond: a public health emergency? What can the NHS do to meet the health needs of people sleeping rough? What was the inside story of the Everyone In initiative during Covid-19? And will the government end rough sleeping by 2024? Listen to the new podcast with Dame Louise Casey, recent Chair of the Prime Minister’s Rough Sleeping Taskforce, Dr Caroline Shulman, a GP working in inclusion health, and Paul Atherton, who shares his lived experience of homelessness.
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
Covid-19: rapid point of care or near-person testing for service providers This guidance, aimed at service providers, describes the main types of coronavirus (Covid-19) tests currently available for use in point of care or near-person settings.
What’s the difference between an integrated care provider and a sustainability and transformation partnership? The health and care policy landscape is constantly evolving and the language that we use to describe this landscape changes along with it. This jargon buster aims to demystify and clarify some of the concepts and terms that are frequently used in health and care policy.
PPE reimbursement for non-hospital providers. Sets out the process for reimbursing non-hospital care providers for personal protective equipment (PPE) bought as a result of the COVID-19 pandemic.
Good communication with patients The challenge Covid-19 poses means that clear, concise and timely communication with patients is more critical than ever. This guidance, and accompanying supporting documents, present providers with core principles that will help deliver personalised, patient-centred communications to patients who are waiting for care.
Bevan Brittan Events
WEBINAR - Your options for provider collaboration within your Integrated Care System (ICS) - 10th March 2021 11am
If you wish to discuss any queries you may have around providers please contact Vincent Buscemi.
Public Health
Publications/guidance
The Covid-19 vaccine communication handbook: a practical guide for improving vaccine communication and fighting misinformation A team of scientific experts, led by the University of Bristol, have created an online guide to help fight the spread of misinformation about the Covid-19 vaccines. Topics in the handbook include public behaviour and attitudes, policy, facts and misinformation. The guide aims to arm people with practical tips and provide up-to-date information and evidence to help them to talk reliably about the vaccines, reduce fear and constructively challenge associated myths. It includes: key facts and messages about vaccines and uptake; how to engage with someone expressing vaccine uncertainty; and evidence-informed communication approaches to address myths and reduce misinformation.
SACN statement on nutrition and older adults living in the community This position statement by the Scientific Advisory Committee on Nutrition (SACN) provides an overview of the currently available evidence on nutrition in older adults and its impact on healthy ageing. It considers evidence relating to adults aged 65 years and over living in the community.
A new deal for prevention This series of articles discusses the benefits of a preventive approach to public health and the obstacles that stand in the way of its realisation. It brings together experts from the scientific research community and the health and social care sector to consider the future of prevention in the UK.
Sleeping rough during Covid-19 and beyond: a public health emergency? What can the NHS do to meet the health needs of people sleeping rough? What was the inside story of the Everyone In initiative during Covid-19? And will the government end rough sleeping by 2024?
Find and Treat: taking health care on to the streets of London In this blog, Aamena Bharmal, a GP Specialist trainee at The King’s Fund, reflects on her time spent with Find and Treat, an NHS-funded street outreach service.
If you wish to discuss any queries you may have around public health please contact Claire Bentley.
Social Care
Publications/Guidance
Integration and innovation: working together to improve health and social care for all This White Paper sets out legislative proposals for a Health and Care Bill. The proposals are designed to support the health and care system to work together to provide high-quality health and care, so people can live longer, healthier, active and more independent lives.
Department's White Paper on health and social care: inquiry. The Health and Social Care Committee has called for evidence as part of its inquiry into the proposals in the white paper, "Integration and Innovation: working together to improve health and social care", and the extent to which the proposals will deliver integrated health and care services throughout England. Comments by 23 March 2021.
The government response to the Health and Social Care Committee report on adult social care: funding and workforce This Command Paper sets out the government's response to the Health and Social Care Committee's report Social care: funding and workforce, which was originally published in October 2020. The government welcomes the recommendations made in this report and is considering them as part of ongoing policy development.
The future of adult social care This report argues that a new blueprint for delivering social care in England could help tens of thousands of adults each year who need care and support to live more independent lives – if councils are given the ability to reshape services through the government’s long-awaited reforms. It warns that this model can only be delivered if councils are given the clarity of a long-term funding model for care, due to be outlined in the government’s long-awaited Green Paper, and remain under local democratic control.
Designated settings for people discharged to a care home. Guidance on the designated settings scheme for people discharged from hospital to a care home with a positive coronavirus (COVID-19) test.
COVID-19: delivering safe, face to face day care Updated guidance on delivering safe, face-to-face adult day care has been shared by SCIE, bringing PPE requirements for day care centres up to the level currently specified for domiciliary care.
Implementing a Home First approach to discharge from hospital LGA and ADASS have produced a short ‘top tips’ guide to safe, timely and appropriate discharge from hospital. It provides a short list of questions systems should be asking themselves to ensure they are putting individuals first by promoting a Home First and discharge to assess approach.
Hospital discharge service guidance. Guidance on how health and care systems should support the safe and timely discharge of people who no longer need to stay in hospital.
News
Thousands of EU care workers in UK face losing immigration status
Bevan Brittan Updates
CQC Consultation 2 - Quality and Ratings- Siwan Griffiths
Legislative proposals for a Health and Care Bill - Joanna Lloyd
Integration and Innovation: the White Paper proposals touching on digital and data driven health and social care - Dan Morris
Integration and Innovation; the proposals for procurement and competition - Emily Heard
Health and Care White Paper: opportunities for Local Authorities. - Kirtpal Kaur-Aujla
If you wish to discuss any queries you may have around social care please contact Siwan Griffiths.
General
Publications/Guidance
Support for domestic abuse victims This briefing outlines support for victims of domestic violence and abuse. It considers social services, housing, social security benefits, health services and preventative actions in education settings.
NHS hospital car parking policies in the UK This Library Briefing sets out policies on NHS hospital parking charges in the UK, how much is raised, and UK Government commitments to abolish charges for certain groups.
Good practice in prescribing and managing medicines and devices This updated guidance sets out standards for good practice when prescribing remotely and face to face, when prescribing unlicensed medicines, and for when patient care is shared with another doctor. The update includes specific advice for doctors prescribing remotely with patients in nursing homes or hospices, and patients who are based overseas.
NHS entitlements: migrant health guide Advice and guidance for healthcare practitioners on the health needs of migrant patients.
Caught in the maze: delivering personalised, integrated care for people with cancer This report highlights that experiences of cancer services are far from seamless. People with cancer are still falling into the cracks between primary and secondary care: information is not always tailored to individual needs; and support for wider needs, including mental health, is patchy and often delayed. Cancer professionals and the wider workforce are working flat out, but the system is too geared towards rapid measurement of diagnosis and treatment.
UK Covid-19 vaccine uptake plan This plan sets out the government’s approach to making sure everyone has the opportunity to get vaccinated, the information they need to make an informed decision, and that no one is left behind. The plan emphasises the importance of partnership working and national approaches to enable and support local experts and tackle the barriers that some communities face in taking up the offer of a vaccine.
Legislating for integrated care systems: five recommendations to government and parliament This document makes five specific recommendations to the government on the question of how to legislate to place integrated care systems (ICSs) on a statutory footing, having gathered the views of the NHS, local government and wider stakeholders.
Cases
Cambridge University Hospitals NHS Foundation Trust v (1) Mother (2) E (A child) (By her children's guardian) 2021 EWHC 126 (Fam) It was in the best interests of a seven-year-old child to undergo low-dose craniospinal radiotherapy to treat a brain tumour, where her cancer was of a type that could not be cured by surgery alone and the radiotherapy gave a 50% chance of normal life expectancy. Although there was a very high likelihood of the radiation causing some permanent neuro-psychological damage, life with impaired intellectual functioning was preferable to, and better than, the alternative of likely death within two years.
News
Family wins damages over woman's decomposed body Damages have been awarded to the family of a woman whom they suspect was killed, in a first-of-its kind ruling in which it was found that Leeds Teaching Hospitals NHS Trust had breached human rights laws by failing to preserve Emily Whelan's body to the point that experts were unable to rule out third-party involvement in the death. According to solicitor Matthew Gold it is the first time a court has ruled that a hospital had a legal obligation to ensure a body did not badly decompose to prevent a breach of the European Convention on Human Rights 1950 art.8.
If you wish to discuss any queries around this general topic please contact Claire Bentley.
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