Health and Social Care Update - May 2021

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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Training Events	Information sharing/data
Acute and emergency care	Inquests
Children/young people	Mental Health
Clinical Risk/Patient Safety	Primary Care
Covid-19	Providers
Digital Health	Regulation
Employment/HR	Social Care
Finance	General

 

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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

Clinical Risk

• Quantum Update for clinical negligence practitioners - 15th June 12.30pm

Employment

• Immigration: Right to Work Checks - a refresher - 9th June 11am.

General Practice 

• Common legal issues in General Practice, why they happen and things legal teams may not know. 1st June 12.30pm

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Acute and emergency care

Publications/Guidance

Clinically led review of urgent and emergency care standards: measuring performance in a transformed system. This document summarises the responses to the clinically-led review of NHS access standards for urgent and emergency care consultation and next steps.

News

Wide support for more comprehensive urgent care indicators Patients, clinicians and the public have welcomed proposals for a comprehensive set of indicators for urgent care.

If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.

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Children and young people 

Publications/Guidance 

Newborn screening: communication pathways following bereavements Guidance to to reduce the risk of bereaved families being contacted about newborn screening and healthcare matters after the death.

Children: child arrangements orders – safeguards when domestic abuse issues arise (England and Wales) This briefing provides information on how the family courts address issues of domestic abuse in private law proceedings relating to children, in particular proceedings relating to child arrangements orders. The final two sections of the briefing provide information on proposals for reform in this area.

Wood Report: Sector expert review of new multi-agency safeguarding arrangements. A review by Sir Alan Wood CBE on the implementation of new multi-agency arrangements to safeguard children sets out recommendations for making the arrangements for local areas more effective. It concludes that although just 17 months have elapsed beyond the implementation date of the new arrangements there are grounds for optimism and belief that change is happening, improvement in practice is beginning to embed, and is impacting on outcomes for children.

Child Safeguarding Practice Review Panel: annual report 2020. The Child Safeguarding Practice Review Panel's second annual report on serious child safeguarding incidents between 1 January and 31 December 2020 sets out patterns in practice for national government and local safeguarding partners to better protect vulnerable children. It calls for government departments and all those who work to safeguard children to have a shared focus on tackling the "stubborn challenges" in child protection.

Child mortality and social deprivation This report, which is based on data for children who died between April 2019 and March 2020 in England, finds a clear association between the risk of child death and the level of deprivation (for all categories of death except cancer). More specifically, the report states that more than a fifth of all child deaths might be avoided if children living in the most deprived areas had the same mortality risk as those living in the least deprived – which translates to more than 700 fewer children dying per year in England.

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 or Ruth Shedlow

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Clinical Risk / Patient Safety

Publications/Guidance 

NAO report on the Government's response to COVID-19. A National Audit Office (NAO) report draws out the initial learning from its work on the Government's response to coronavirus (COVID-19) to help the Government evaluate its performance, capitalise on new ways of working and better manage potential future emergencies. It sets out learning from the NAO's 17 published reports on COVID-19 across six themes: risk management; transparency and public trust; data and evidence; coordination and delivery models; supporting and protecting people; and financial and workforce pressures. It notes that COVID-19 has laid bare existing fault lines within society and has exacerbated inequalities, whilst an unreformed adult social care system, workforce shortages, issues caused by legacy IT systems, and the financial pressure felt by government all require long-term solutions.

The government's White Paper proposals for the reform of health and social care. The inquiry into the government’s proposed reforms to health and social care, set out in the White Paper, Integration and Innovation: working together to improve health and social care, is supportive of the proposals, subject to accountability mechanisms on the safety and quality of care being built into legislation.

Inducing labour (update ).NICE recommends offering women induced labour earlier in new draft guidance Women should be offered induced labour earlier than previously advised to make birth safer for them and their babies, according to draft guidelines published by NICE today (25 May 2021). The updated recommendations strengthen previous advice in the light of new evidence on induction timings.

Blood and body fluid exposures in 2020: results from a survey of RCN members Pressures of the pandemic and a lack of training has led to a 50 per rise in needlestick injuries, a Royal College of Nursing (RCN) report suggests today. The authors surveyed 7,571 RCN members for the report. Of those, 15 per cent said they had suffered a ‘sharps injury’ in 2020. This compares with 10 per cent in 2008. Reasons for the rise cited in the report included fatigue induced by the pandemic, low staffing levels, lack of training and safer sharps and sharps bins not being available.

GMC targets elimination of disproportionate complaints and training inequalities. Following research which has demonstrated that doctors from ethnic minorities are twice as likely to be referred for fitness to practice concerns, targets aimed at eliminating disproportionate complaints, and eradicating disadvantage and discrimination in medical education and training, have been set by the General Medical Council (GMC). In order to tackle the issues and meet the targets set the GMC will: work with responsible officers on plans to make workplaces more inclusive and supportive; develop an amended referral form to include steps organisations have taken to make sure that a referral is appropriate before submission; and support organisations in building understanding of GMC thresholds for referrals.

Learning from Litigation Claims Getting it Right First Time (GIRFT) and NHS Resolution have collaborated to produce a new guide entitled: “Learning from Litigation Claims: The Getting It Right First Time (GIRFT) and NHS Resolution best practice guide for clinicians and managers”. The guide gives a recommended structure for learning from clinical negligence claims that should be led by trust legal departments, supported by clinicians and managers. It outlines that claims learning should have the same parity as learning from clinical incidents. It is a rich resource to help improve patient safety in addition to learning from complaints, incidents and inquests.

Neurological conditions and Covid-19. A House of Lords Library In Focus articles examines the diverse nature of neurological conditions that have been impacted by the coronavirus (COVID-19) pandemic, NHS treatment for such conditions, the increased risks caused by COVID-19 and how the NHS has sought to adjust to the challenges and resumed neurology services.

News/articles

Appointment of Sir Robert Francis QC to undertake the infected blood compensation framework study Sir Robert Francis QC has been appointed to carry out a study which will look at options for a framework for infected blood compensation, and to report back to the Paymaster General with recommendations, before the independent Infected Blood Inquiry reports. The terms of reference of this study will be finalised following consultation between Sir Robert and those infected and affected. Further details will be announced shortly.

Killer not able to bring clinical negligence claim in her own right: Ms. Henderson (EH) killed her mother whilst experiencing a serious psychotic episode. The trust admitted negligence in respect of her psychiatric care. The issue to be determined was whether EH could recover damages, in her own right, for losses she claimed to have suffered.

Women in line for payouts after breast implant victory  Hundreds of UK women may receive compensation for faulty breast implants that were manufactured between 2001 and 2010 by the French company Poly Implant Prothese after a French appeal court ruled that the company had committed negligence after approving implants for use that had been filled with cheap industrial-grade silicone that had not been cleared for surgical use. The decision could also open the door for payouts to 10,000 more UK women who have cases in the French courts, campaigners believe.

Medical device error and failure reporting: Learning from the car industry. Learning from reporting systems within the car industry may help the healthcare sector improve its own reporting, aiding healthcare performance.

Bevan Brittan Updates

New guide helps NHS trusts improve patient safety by learning from clinical negligence claims.

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

• Common legal issues in General Practice, why they happen and things legal teams may not know. 1st June 12.30pm
• Quantum Update for clinical negligence practitioners - 15th June 12.30pm

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 Joanne Easterbrook,  Tim Hodgetts or Joanna Lloyd.

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Covid-19

Publications/guidance

COVID-19: guidance for commissioners and providers of services for people who use drugs or alcohol Guidance for commissioners and service providers for those dependent on drugs or alcohol.

Initial learning from the government’s response to the Covid-19 pandemic This report draws out the initial learning from the work looking at the government response to the pandemic to help evaluate its performance, capitalise on new ways of working and better manage potential future emergencies. It highlights the importance of government adopting a more systematic approach to preparing for crises, improving the resilience of key services and making better use of data.

The state of end of life care: building back better after Covid-19 This report warns that the ‘traumatic’ final days experienced by patients sent home or to care homes to die without adequate support and resources could become the ‘new normal’ without significant reform to England’s end-of-life care services. The analysis found that annual deaths are projected to overtake rates seen during the 2020 pandemic year spike by 2031 – potentially exposing end-of-life services to the same pressures faced last year, every year from 2030 onwards. Policy recommendations focus on 'providing everyone the right care, from the right person, at the right time'.

Slides and datasets to accompany coronavirus press conference. Slides presented at the coronavirus press conference on 27 May 2021.

Third quarterly report on progress to address COVID-19 health inequalities. The third quarterly report on progress to address disparities in the risks and outcomes of COVID-19 for ethnic minority groups summarises how work across government, and with national and local partners, has led to increases in both positive vaccine sentiment and vaccine uptake across all ethnic groups. The report also includes further analysis of how the impacts of COVID-19 changed for ethnic minority groups between the first and second waves of the pandemic. It also sets out a number of next steps, including improving understanding of how the pandemic has impacted frontline healthcare workers, investigating any practical barriers to vaccine uptake by ethnicity, and improving the quality of ethnicity data in health records.

The epidemiological impact of the NHS Covid-19 app Wymant C et al, Nature, May 2021 This study investigates the impact of the NHS Covid-19 app for England and Wales, from its launch on 24 September 2020 through to end December 2020.

What happened to English NHS hospital activity during the Covid-19 pandemic? This briefing uses administrative hospital data from across the NHS in England to describe how the use of inpatient (elective and emergency) and outpatient hospital care in 2020 compared with that in the previous year. It shows how overall levels of care changed in the period after the start of the pandemic in March until the end of December 2020, and examines how changes in activity varied across regions and clinical specialties. It also looks at how these patterns differ across patient age, ethnicity and local area deprivation.

Research for parliament 2021 This publication presents a horizon scan of 30 areas of change to help the UK parliament prepare for the future. Among the wide range of issues explored are mental health and wellbeing in the context of Covid-19, health inequalities, and the use of digital technologies in the delivery of health care.

Oxford/AstraZeneca vaccine: where are we now? A House of Lords Library In Focus briefing looks at the debate over the supply of the AstraZeneca vaccine in Europe, as well as the rare blood clotting side-effect reported after a small number of first doses

Domestic abuse and Covid-19: A year into the pandemic. This Insight looks at emerging findings on the pandemic’s impact on domestic abuse, and at how the Government, and support organisations have responded.

Neurological conditions and Covid-19. A House of Lords Library In Focus articles examines the diverse nature of neurological conditions that have been impacted by the coronavirus (COVID-19) pandemic, NHS treatment for such conditions, the increased risks caused by COVID-19 and how the NHS has sought to adjust to the challenges and resumed neurology services.

We can help

The 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.

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

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Digital Health

Publications/guidance

10 practical lessons for implementing digital innovations: learning from the Care City Test Bed Nuffield Trust Digital health innovations are often seen as 'ready-made' solutions to challenges facing health and care systems but despite their potential, implementing these technologies can be complex. This summary highlights 10 lessons for those working to integrate technology into health and social care services. The findings are based on a large-scale evaluation of digital technologies being implemented in health and social care in east London.

Research for parliament 2021 This publication presents a horizon scan of 30 areas of change to help the UK parliament prepare for the future. Among the wide range of issues explored are mental health and wellbeing in the context of Covid-19, health inequalities, and the use of digital technologies in the delivery of health care.

Why do people abandon assistive technologies? Research suggests users need to be partners in design Many people with long-term – chronic – conditions need a lot of support in their daily lives. A wide range of assistive technologies are designed to help, including wheelchairs, hearing aids and electronic devices. But people often give up using them. This briefing summarises the findings of research that explored the main barriers that people experienced when using assistive technologies.

10 practical lessons for implementing digital innovations: learning from the Care City test bed Digital health innovations are often seen as 'ready-made' solutions to challenges facing health and care systems but despite their potential, implementing these technologies can be complex. This summary highlights 10 lessons for those working to integrate technology into health and social care services. The findings are based on a large-scale evaluation of digital technologies being implemented in health and social care in east London.

News

From menopause to anxiety: the new tech tackling women’s health problems.

Bevan Brittan Events

Webinar - Digital Health and Social Care Forum. Join us for our virtual Digital Health and Social Care Forum. A lot has changed since we last got together with you all to discuss all things digital in the world of health and social care, and we hope you can join our webinar on 11 June.

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

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Employment/HR  

Publications/guidance

Covid-19 and the female health and care workforce survey update This report presents the findings of a survey commissioned by the network to find out how the impact of the pandemic on women working across health and care changed as the crisis progressed. It finds that since summer 2020, the impact of the pandemic on the female workforce has demonstrably worsened and more women are reporting an even greater negative impact on their physical and emotional wellbeing.

Nursing Workforce Standards. The Royal College of Nursing's Nursing Workforce Standards, the first of their kind, have been created to explicitly set out what must happen within workplaces to ensure the delivery of safe and effective patient care in both the NHS and the wider health and social care sector. The 14 standards have been designed for use by those who fund, plan, commission, design, review and provide services which require a nursing workforce.

Long COVID - advice for employers and employees. Guidance from Acas sets out advice for employers and workers suffering with symptoms of COVID-19 weeks or months after the infection has gone (Long COVID). It suggests that employers: arrange and offer occupational health assessments; look into reasonable adjustments, which can vary from changed hours, to adapted physical workspaces; and discuss flexible working as an option as well as phased returns, which may mean coming back part-time initially to build back up to working usual hours.

News

Government to suspend NHS recruitment from India amid covid crisis

Bevan Brittan Events

Immigration: Right to Work Checks - a refresher - 9th June 11am.

Employment Law Update Wednesday 30 June 2021 

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.

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Finance 

Publications/Guidance

Department of Health and Social Care group accounting manual 2021–22 The Department of Health and Social Care (DHSC) group accounting manual (GAM) includes mandatory accounting guidance for DHSC group bodies completing statutory annual reports and accounts. These group bodies include clinical commissioning groups, NHS trusts, NHS foundation trusts and arm’s length bodies.

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

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Information sharing/data

Publications/Guidance

Case (Discharge to care home). Re Alan Massam (PFD report sent to SSHSC, Greater Manchester Health and Social Care Partnership and CQC) [2021] MHLO 3 The coroner's concerns included: (1) there was no clear agreement or arrangement between agencies as to how effectively to share information in complex cases such as this; (2) there was no national guidance/protocol about what an acute trust should do if attempts to contact a home are unsuccessful or about the obligation to ensure the home can accept the patient back (the care home had not answered the phone but, owing to his needs, would not have accepted him if asked; no observations were made before discharge and no discharge notice was sent with him); (3) there was no defined escalation process in the care home to ensure that the risk presented by his refusal of medication and fluids was recognised and acted upon; (4) there was a national shortage of suitable beds within the adult care sector for complex cases so, after the care home served notice on the family, he remained in a home where staff felt they could no longer safely meet his care needs during the search for a replacement.

Consultations

ICO call for views: Anonymisation, pseudonymisation and privacy enhancing technologies guidance. The ICO is calling for views on the first draft chapter of its Anonymisation, pseudonymisation and privacy enhancing technologies draft guidance. Closes on 28 November 2021

How we can help

We have a dedicated Information Law & Privacy team who advise clients on:-

• all aspects of the UK GDPR and Data Protection Act 2018 including commercial GDPR issues and information sharing
• managing and completing Subject Access Requests  
• rights of access under Freedom of Information and the Environmental Information Regulations, alongside issues relating to access to records, confidentiality, cyber risks and data breaches.

For more information contact  James Cassidy or Jane Bennett.

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Inquests 

Publications/guidance

Case (Discharge to care home). Re Alan Massam (PFD report sent to SSHSC, Greater Manchester Health and Social Care Partnership and CQC) [2021] MHLO 3 The coroner's concerns included: (1) there was no clear agreement or arrangement between agencies as to how effectively to share information in complex cases such as this; (2) there was no national guidance/protocol about what an acute trust should do if attempts to contact a home are unsuccessful or about the obligation to ensure the home can accept the patient back (the care home had not answered the phone but, owing to his needs, would not have accepted him if asked; no observations were made before discharge and no discharge notice was sent with him); (3) there was no defined escalation process in the care home to ensure that the risk presented by his refusal of medication and fluids was recognised and acted upon; (4) there was a national shortage of suitable beds within the adult care sector for complex cases so, after the care home served notice on the family, he remained in a home where staff felt they could no longer safely meet his care needs during the search for a replacement.

The House of Commons Justice Committee published its report on the Coroner Service in England and Wales. A link to the report can be found here. The Government has two months to respond to the recommendations within the report.

How we can help

We have a vast experience in representing a range of organisations for inquests, including NHS and other health bodies, regulators, schools and individual medical practitioners. For more information click here.

If you wish to discuss any queries you may have around inquests, please contact Toby De Mellow, Samantha Minchin or Claire Leonard. 

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Mental Health 

Publications/guidance 

House of Commons Library briefing on mental health policy in England. House of Commons Library briefing on mental health policy in England.

The impact of Covid-19 on mental health and human rights How has the pandemic affected mental health and human rights and how have international organisations responded?

Consultations

Mental Health Units (Use of Force) Act 2018: statutory guidance for NHS organisations in England and police forces in England and Wales - draft for consultation. A Department of Health and Social Care consultation seeks views on the statutory guidance to prevent the inappropriate use of force and ensure transparency and accountability about the use of force in mental health units. The guidance also covers the obligations on police officers when in mental health units in England. Comments by 17 August 2021.

Cases

A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33. Judgment concerning the best interests of an expectant mother with severe agoraphobia who does not have capacity to make decisions about the location of the birth.

A Mental Health Trust v ER & Anor [2021] EWCOP 32. Judgment concerning medical treatment for a 49 year old woman - ER - who has anorexia nervosa and whose physical condition is declining. The judge had to decide whether she has capacity to make decisions about her treatment and, in the light of that, to determine her best interests.

SS v London Borough of Richmond Upon Thames & Anor [2021] EWCOP 31 Hearing to decide if the P should be given the Covid-19 vaccine against her will.

KG (Capacity) [2021] EWCOP 30. Hearing to determine whether the P had capacity to decide on his future residence and care.

DY, Re [2021] EWCOP 28. Hearing to decide if the P had capacity to consent to sexual relations.

P, Re [2021] EWCOP 27.Hearing to decide if the P had litigation capacity.

How we can help

We are experts in advising commissioners, providers and care co-ordinators on the relevant legal frameworks. We deal with complex issues such as deprivation of liberty, state involvement, use of CCTV monitoring, seclusion, physical restraint and covert medication. We can help providers with queries about admission and detention, consent to treatment, forensic service users, transfers, leave, discharge planning and hearings. We can advise commissioners on all matters concerning commissioning responsibility, liability and disputes. For more information click here

If you wish to discuss any mental health issues facing your organisation please contact Simon Lindsay, Hannah Taylor,or Stuart Marchant. 

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Primary Care  

Publications/guidance

General practice COVID-19 recovery: the future role of remote consultations & patient ‘triage’ Royal College of General Practitioners A key challenge for UK governments and health systems will be to build upon the potential benefits that have emerged from technology advances and new ways of working during the Covid-19 pandemic, while ensuring that relational care and health inequalities do not suffer in the longer term. This will only be possible with further evaluation, action and government investment. This paper sets out the challenges that need to be addressed to ensure GPs and practice teams can continue to provide high-quality patient care as we look towards a ‘new normal’

Restoring primary care: ten key priorities. Dramatically rising demand combined with increased public expectation and more complex health needs are putting significant pressure on primary care delivery. This briefing is a summary of the 10 key themes that have emerged from discussions with NHS Confederation primary care members. It sets out what primary care will need to recover its services and support its staff, post-pandemic.

Pandemic patient experience II: from lockdown to vaccine roll-out In 2020, patients told the Patients Association about their experiences of living with health and care needs during the Covid-19 pandemic. Their testimony painted a bleak picture in many ways. This follow-up survey (drawing on 453 responses, submitted over February, March and early April 2021) finds that many aspects of their experiences are not much better, and some are worse. Accessing general practice services remains difficult for many, and patients overall do not regard remote consultations as an adequate replacement for in-person appointments.

Bevan Brittan Events

Common legal issues in General Practice, why they happen and things legal teams may not know. 1st June 12.30pm

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

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. For more information click here.

If you wish to discuss any issues in primary care then please contact  Joanne Easterbrook, Susan Trigg, Vincent Buscemi or Ben Lambert 

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Providers 

Publications/Guidance  

Community health services This infographic highlights what community services are, the care they provide, their models of provision and more – including how community providers have been central to the response to Covid-19.

The essential guide to provider collaboratives. As part of system working, it is expected that most NHS trusts and NHS foundation trusts will belong to one or more provider collaboratives. These are governed arrangements designed to release very specific benefits as part of the NHS integrated care systems (ICS) arrangements. This guide aims to: clarify what is meant by provider collaborative; explain the benefits of provider collaboratives; provide a ‘how to’ guide on how to set up/join a provider collaborative; and highlight common pitfalls and success factors.   

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

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Regulation  

Publications/Guidance 

A new strategy for the changing world of health and social care - CQC's strategy from 2021. CQC have launched a new strategy based on extensive consultation with the public, providers of health and social care services, charities and partner organisations. The new strategy is set out under four themes:
• People and communities.
• Smarter regulation.
• Safety through learning.
• Accelerating improvement

Consultations

Why we're looking at our post-registration standards. A Nursing and Midwifery Council consultation seeks views on post-registration standards for the next generation of community and public health nurses working in health and social care, including schools and workplaces. Comments by 12 August 2021.

Regulating healthcare professionals, protecting the public: Executive Summary. A Department of Health and Social Care consultation seeks views on proposals to reform the regulation of healthcare professionals, and also seeks views on the proposed approach to introducing statutory regulation of physician associates and anaesthesia associates. Comments by 12.15 on 16 June 2021.

Bevan Brittan Updates 

CQC launches its 5 year strategy - Siwan Griffiths

Human Rights Committee Report on Care Home Visiting Restrictions during the Pandemic. - Sarah Clarke 

If you wish to discuss any queries you may have around regulation please contact Siwan Griffiths,  Carlton Sadler or Stuart Marchant. 

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Social Care  

Publications/Guidance 

A new strategy for the changing world of health and social care - CQC's strategy from 2021. CQC have launched a new strategy based on extensive consultation with the public, providers of health and social care services, charities and partner organisations. The new strategy is set out under four themes:
• People and communities.
• Smarter regulation.
• Safety through learning.
• Accelerating improvement

Prevention in social care Prevention in social care is about encouraging people to be more proactive about their health and wellbeing. It can increase independence and reduce or delay the need for care and support services. This briefing for local authority commissioners and managers sets prevention in the context of the Care Act and describes the role for commissioners and practitioners, including their distinct responsibilities and the benefits of a shared understanding and approach. It also explores both how prevention is understood in social care and the current evidence base.

The government's White Paper proposals for the reform of health and social care The inquiry into the government’s proposed reforms to health and social care, set out in the White Paper, Integration and Innovation: working together to improve health and social care, is supportive of the proposals, subject to accountability mechanisms on the safety and quality of care being built into legislation.

Social Care 360 This year’s Social Care 360 report uses the latest available data (2019/20) to describe the key trends in adult social care as the Covid-19 pandemic struck and to suggest what the impact of the pandemic might be. It paints quite a bleak picture of adult social care in England, with many key indicators already going in the wrong direction before the pandemic struck.

The relationship between the adult social care sector and ICSs: time for action? This paper brings together GGI's thinking around some of the key pieces of policy pertaining to the adult social care sector, as well as the learning from a series of interviews and a roundtable that GGI convened with ICS (integrated care systems) independent chairs, policy-makers and adult social care providers. Where relevant, we also present examples of good practice from across the country.

The Government's White Paper proposals for the reform of Health and Social Care: First Report of Session 2021-22. A Health and Social Care Committee report into Government reforms of the NHS and social care is supportive of proposals, subject to accountability mechanisms on the safety and quality of care being built into legislation. It calls for a more detailed framework that sets out the roles and responsibilities of both the NHS Body and the Health and Care Partnership, and on social care, urges that new legislation should impose a duty on the Secretary of State to publish a 10-year plan with detailed costings, within six months of the Bill receiving Royal Assent.

Guidance on care home visiting. This guidance applies from 17 May 2021 and replaces previous guidance on care home visiting. It applies to care homes for working age and for older adults. Summary of guidance for visitors

Reform of adult social care funding: developments since July 2019 (England) Reforming the funding of adult social care, including how people pay for care, has been an issue for successive governments. This briefing provides a summary of developments in this area since Boris Johnson became Prime Minister in July 2019.

Coronavirus: Adult social care key issues and sources. This briefing 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.

New quick guide: Creating a positive safeguarding culture This new SCIE/NICE quick guide, aimed at registered managers of care homes, covers policy and procedure requirements with the aim of creating and maintaining a positive safeguarding culture. We will also be launching an accompanying quick guide in early June, on good practice in safeguarding training.

The state of end of life care: building back better after Covid-19 This report warns that the ‘traumatic’ final days experienced by patients sent home or to care homes to die without adequate support and resources could become the ‘new normal’ without significant reform to England’s end-of-life care services. The analysis found that annual deaths are projected to overtake rates seen during the 2020 pandemic year spike by 2031 – potentially exposing end-of-life services to the same pressures faced last year, every year from 2030 onwards. Policy recommendations focus on 'providing everyone the right care, from the right person, at the right time'.

Case (Discharge to care home). Re Alan Massam (PFD report sent to SSHSC, Greater Manchester Health and Social Care Partnership and CQC) [2021] MHLO 3 — The coroner's concerns included: (1) there was no clear agreement or arrangement between agencies as to how effectively to share information in complex cases such as this; (2) there was no national guidance/protocol about what an acute trust should do if attempts to contact a home are unsuccessful or about the obligation to ensure the home can accept the patient back (the care home had not answered the phone but, owing to his needs, would not have accepted him if asked; no observations were made before discharge and no discharge notice was sent with him); (3) there was no defined escalation process in the care home to ensure that the risk presented by his refusal of medication and fluids was recognised and acted upon; (4) there was a national shortage of suitable beds within the adult care sector for complex cases so, after the care home served notice on the family, he remained in a home where staff felt they could no longer safely meet his care needs during the search for a replacement.

Bevan Brittan Updates 

CQC launches its 5 year strategy - Siwan Griffiths

How we can help 

For ways in which we can help with Social Care issues click here.

If you wish to discuss any queries you may have around social care please contact Siwan Griffiths.

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General 

Publications/Guidance 

Protect, respect, connect – decisions about living and dying well during COVID-19. review of ‘do not attempt cardiopulmonary resuscitation’ decisions during the coronavirus (COVID-19) pandemic.

The role of healthcare services in addressing domestic abuse A House of Commons Library research briefing considers the role of the NHS and healthcare professionals in addressing domestic abuse. It looks at the use of healthcare services by victims and perpetrators, alongside initiatives such as health-based Independent Domestic Violence Advisers.

Integrated care systems explained: making sense of systems, places and neighbourhoods Integrated care services represent a fundamental shift in the way the health and care system is organised. This explainer looks at how these bodies are structured, how they are developing and what the future holds.

Practice Note: witnesses giving evidence remotely. The Chancellor of the High Court has issued a practice note confirming the process to be followed in some instances for witnesses giving evidence by video-link or other remote means from a foreign jurisdiction.

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

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