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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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. You can sign up to watch the training sessions remotely via our webinar facility. Please contact Claire Bentley.
Recent developments to the MHA 1983 and MCA 2005. This seminar is aimed at professionals working within a mental health setting. It will consider legislative developments and significant cases decided over the last 12 months in relation to the MCA 2005, with a particular focus on any overlap within the context of the MHA 1983. 7 September 2021.
Costs update for clinical negligence. A review of key developments and cases with tips to help practice and manage costs. - 21 September 2021
Claims against the NHS in the Covid Era. Edward Bishop QC will be looking at issues that have arisen or may arise in the health and social care sector as a result of the pandemic. 29th September 2021.
Civil Procedure Rules - a review of the year. A look at CPR changes and case decisions that will impact on handling clinical negligence cases. - 5 October 2021
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
If someone forwarded you this email, you can sign up for your own free copy here delivered directly to your inbox.
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Acute and emergency care
Publications/guidance
NICE publishes new rapid guideline to diagnose and treat rare blood clotting condition associated with COVID-19 vaccination. NICE has published a new rapid COVID-19 guideline to help healthcare staff identify and treat patients who develop the rare syndrome vaccine-induced immune thrombocytopenia and thrombosis (VITT) after receiving COVID-19 vaccinations.
Homelessness linked to emergency hospital admissions. Patients experiencing homelessness use hospital services, especially emergency admissions, at much higher rates than housed patients.
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
Early evaluation of the Children and Young People’s Mental Health Trailblazer programme The programme was launched in December 2018 to improve the prevention of mental health problems and early intervention for children and young people with mild to moderate mental health problems. It is funding the creation of mental health support teams, which work with staff in schools and further education colleges to promote mental health, and provide support to children and young people in their place of education. The early evaluation is following the experiences of the initial group of mental health support teams, which are based in 25 areas across England (called Trailblazers) and work with more than 1,000 schools and colleges.
Remote hearings in the family court post-pandemic. A Nuffield Family Justice Observatory report sets out the findings of its rapid consultation to inform the post-pandemic recovery plans of the Family Court and the Court of Protection. The majority of respondents saw a continuing role for certain types of remote hearing, though raised concerns that hearings were often remote "by default" and that considerations such as the vulnerability of lay parties and their wishes and views, the complexity of the case, and whether there was access to suitable technology for all those taking part should be taken into account.
National strategy for autistic children, young people and adults: 2021 to 2026 The government has published a new national strategy for improving the lives of autistic people and their families and carers in England, and implementation plan for 2021 to 2022. The strategy builds on and replaces the preceding adult autism strategy, Think Autism, which was published in April 2014. It extends the scope of the strategy to children and young people for the first time.
A whole household approach to young people's mental health: A "must know" guide for local councillors
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
NHS Resolution has published its Annual report and accounts for 2020/21. The report sets out how NHS Resolution has performed over the year and the action taken to adapt existing services and deliver new ones, such as new indemnity schemes to support the pandemic response.
The safety of maternity services in England This report finds that improvements in the safety of maternity services have been too slow. It recommends urgent action to address staffing shortfalls in maternity services, with staffing numbers identified as the first and foremost essential building block in providing safe care. An accompanying report the Committee commissioned from an expert panel to evaluate government progress on delivering four commitments on maternity services concludes that the government’s overall progress to achieve key commitments in maternity services ‘requires improvement’.
Maternity self-assessment tool. The National Maternity Self- Assessment Tool provides support to all trusts seeking to improve their maternity service rating from ‘requires improvement’ to ‘good’, as well as a supporting tool to support trusts looking to benchmark their services against national standards and best practice guidance.
Mothers and Babies: Reducing Risk through Audits and Confidential Enquiries across the UK (MBRRACE-UK) Saving lives, improving mothers’ care: rapid report 2021 – learning from SARS-CoV-2-related and associated maternal deaths in the UK The second wave of the SARS-CoV-2 virus in the UK brought further challenges to services and a higher burden of infection, together with new variants of concern. This rapid review was undertaken as part of the ongoing responsive remit of MBRRACE-UK to ensure that any new messages for care and services were identified in a timely manner in order to implement rapid change. This report includes lessons identified from the care of women who died between 1 June 2020 and 31 March 2021, following a positive test for SARS-CoV-2 infection, or in whom SARS-CoV-2 infection was diagnosed at autopsy, as well as from the deaths of women whose care or engagement with care was influenced by changes as a consequence of the pandemic.
Clearing the backlog caused by the pandemic: Inquiry. The Committee has launched a new inquiry to quantify the level of pent-up demand for key healthcare services, and to consider whether fundamental changes to the organisation and delivery of NHS service will be required to manage the backlog of cases caused by the pandemic.
Unlocking solutions in imaging: working together to learn from failings in the NHS. This report highlights recurrent failings in the way x-rays and scans are reported on and followed up across NHS services. It recommends a system-wide programme of improvements for more effective and timely management of x-rays and scans.
Learn from patient safety events (LFPSE) service. A new national NHS Learn from patient safety events service (previously called the patient safety incident management system – PSIMS – during development) is in the final stages of development as a central service for the recording and analysis of patient safety events that occur in healthcare.
Improving communication between health care professionals and patients in the NHS in England This systematic review was undertaken by SQW, an independent research and consultancy organisation. It aims to identify interventions that have previously demonstrated a positive difference to patient experience and clinical outcomes, while also reducing financial demands on the health system. The options identified needed to be interventions that policy-makers, commissioners and service managers across the NHS could replicate accurately, with a reasonable return on their investment and at a manageable level of implementation risk.
News/articles
Communication regarding adverse neonatal birth events: Experiences of parents and clinicians. Communicating with parents about adverse birth outcomes is challenging. This article seeks to describe attitudes and experiences of parents and providers regarding communication about adverse newborn birth events.
Fundamental dishonesty - One Insurance -v- Beasley a 76 year old was sentenced to six months immediate imprisonment following his dishonest pursuit of a personal injury case. See report from NHS Resolution.
Surgeon who burnt initials onto patients' livers faces fresh tribunal after GMC complaint
New fund for breast surgeon's victims.
HSIB and NHS Resolution recorded webinar on their collaboration in maternity. NHS Resolution and the Healthcare Safety Investigation Branch (HSIB) recently led a collaborative webinar to update NHS maternity services on changes to the Early Notification Scheme and an update on the wider HSIB programme. The webinars were held across all seven regions of England.
Government pledges £2.45 million to improve childbirth care. Brain injuries in babies to be reduced in new drive to avoid birthing complications.
Bevan Brittan Updates
Claims Online July 2021
Bevan Brittan Events
Costs update for clinical negligence. A review of key developments and cases with tips to help practice and manage costs. - 21 September 2021
Claims against the NHS in the Covid Era. Edward Bishop QC will be looking at issues that have arisen or may arise in the health and social care sector as a result of the pandemic. 29th September 2021.
Civil Procedure Rules - a review of the year. A look at CPR changes and case decisions that will impact on handling clinical negligence cases. - 5 October 2021
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 Joanna Lloyd, Joanne Easterbrook or Tim Hodgetts
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Digital Health
Publications/guidance
Data saves lives: reshaping health and social care with data. The draft strategy sets out ambitious plans to harness the potential of data in health and care, while maintaining the highest standards of privacy and ethics.
The challenges in implementing digital change: cross-government This report finds that to deliver digital business change effectively, senior government decision-makers need to better understand the business, technical and delivery risks associated with digital programmes. It also finds that only a small proportion of senior officials in government have first-hand experience of digital business change, and as a result many lack sufficient understanding of the technical and delivery risks for which they are responsible. The report includes a case study of NHS England's management of the primary care support services contract.
Switched on: how do we get the best out of automation and AI in health care? This report calls on policy-makers and NHS leaders to invest in infrastructure and skills to enable NHS staff to use automation technologies and AI safely and effectively in the future, and to engage with the public and NHS workforce to build confidence in technology-enabled care. It found that 36 per cent of the general public and 44 per cent of NHS staff surveyed wanted to see more automation and AI in health care in the future – compared with 21 per cent of the public and 14 per cent of NHS staff who said they would like to see less.
Digital innovation for future-proofing primary care. This report was produced by Push Doctor with the support of valued NHS partners. It explores how primary care networks (PCNs) might use digital solutions to create a more sustainable future.
Robot helpers among showcase of digital innovations improving adult social care.
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
Medical staffing in England: a defining moment for doctors and patients This report shows how severe medical shortages in England have become, current workforce data trends analysis, and how the government can combat the widening gap between medical staff supply and increasing patient need. This study of the number of doctors per 1,000 people revealed that England averaged 2.8 doctors across primary and secondary care, while the average ratio in comparable EU countries is 3.7. The BMA predicts almost 50,000 more doctors are required to make up for the shortfall and that it could take until 2046 for health services in England to catch up to the average of comparable European nations.
NHS Pay Review Body: thirty-fourth report 2021. This report contains recommendations on the pay of NHS staff paid on Agenda for Change terms and conditions in England, Wales and Northern Ireland.
Medical Workforce Race Equality Standard (MWRES): WRES indicators for the medical workforce 2020 This report has a specific focus on doctors and dental staff measured against 11 indicators. The data shows that across almost all indicators, Black and minority ethnic (BME) doctors reported a worse experience at work compared with white doctors. This trend is seen across the whole career path from medical school to consultant level. Furthermore, even when BME doctors become consultants, they report greater levels of discrimination and harassment and lower levels of feeling involved at work. Despite this, the data finds that BME doctors reported greater or equal levels of motivation at work.
Unfair to care: understanding the social care pay gap and how to close it This report finds that many frontline social care workers are undervalued by as much as 39 per cent – nearly £7,000 per year – in comparison with their peers in equivalent positions in other publicly funded sectors. With the social care sector losing more than 34 per cent of its employees every year and having 112,000 vacancies presently, this research brings into stark focus the roots of an unprecedented workforce crisis. The report provides evidence that frontline carers receive an unjust deal in comparison with other publicly funded industries and breaks the stereotype that social care is a ‘low-skilled’ sector.
Stopping movement of staff between care settings: response to consultation The DHSC hosted a public consultation on plans to minimise the risk of coronavirus (Covid-19) infections by making residential and nursing care home providers restrict the movement of care staff. More than 1,300 responses were received and this document summarises these responses and sets out the government’s response to the issues raised.
Education and training tariff guidance and prices for 2021 to 2022 financial year. This document sets out: the national tariffs for health care education and training clinical placements in the financial year 2021 to 2022; how the tariffs will be implemented; and in what circumstances the national tariffs may be varied and how to do this. The tariffs cover non-medical clinical placements and medical undergraduate and postgraduate clinical placements in secondary care.
Covid-19: preparing for the future - looking ahead to winter 2021/22 and beyond This report warns that a mix of Covid-19, influenza, and the respiratory virus Respiratory Syncytial Virus, could push the NHS to breaking point this winter unless action is taken. The report urges policy-makers and the NHS to prepare by expanding Covid-19 testing, increasing the speed and uptake of the Covid-19 vaccination, and strengthening financial and staffing support.
Integrated care systems: design framework These documents set out the headlines for how NHS leaders and organisations will be asked to operate with their partners in integrated care systems from April 2022. They also set out guidance for the employment commitment, its application in practice and how it affects people.
Bevan Brittan Updates
Regulations for Mandatory Covid-19 Vaccinations for Care Home Workforce Published. Jodie Sinclair
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
Initial lessons from the government's response to the COVID-19 pandemic: Thirteenth Report of Session 2021-22. A Public Accounts Committee report states it "remains concerned that despite spending over £10 billion on supplies, the PPE stockpile is not fit for purpose". It notes the personal protection equipment stockpile is costing approximately £6.7 million a week to store and potential waste levels are "unacceptably high". It adds that the Government's repeated failure to provide a full rationale for key decisions is undermining public trust and accountability for the coronavirus pandemic response.
Improving communication between health care professionals and patients in the NHS in England This systematic review was undertaken by SQW, an independent research and consultancy organisation. It aims to identify interventions that have previously demonstrated a positive difference to patient experience and clinical outcomes, while also reducing financial demands on the health system. The options identified needed to be interventions that policy-makers, commissioners and service managers across the NHS could replicate accurately, with a reasonable return on their investment and at a manageable level of implementation risk.
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
Data saves lives: reshaping health and social care with data. The draft strategy sets out ambitious plans to harness the potential of data in health and care, while maintaining the highest standards of privacy and ethics.
National Data Guardian statement on the General Practice Data for Planning and Research (GPDPR) programme. Dr Nicola Byrne's response to the Government's announcement that the collection of data from GP practices as part of the GPDPR programme will now only take place after key conditions have been met. The National Data Guardian Nicola Byrne's response welcomes the Government's announcement that the collection of data from general practitioners' (GP) practices as part of the General Practice Data for Planning and Research programme (GPDPR) programme will now only take place after key conditions have been met: the ability for patients to opt out or back in to sharing their GP data with NHS Digital, with data being deleted even if it has been uploaded; a Trusted Research Environment is available where approved researchers can work securely on de-identified patient data which does not leave the environment; and a campaign of engagement and communication has increased public awareness of the programme.
ICO launches investigation into the use of private correspondence channels at the Department of Health and Social Care
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
Death certification and medical examiners. A House of Commons Library briefing deals with the introduction of a medical examiner system in England and Wales to provide greater scrutiny of deaths that do not require investigation by a coroner. Clause 124 of the Health and Care Bill 2021-22 deals with medical examiners.
Chief Coroner Guidance - Guidance No 41 Use of Pen Portrait material.
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
The treatment of autistic people and people with learning disabilities: Fifth Report of Session 2021-22A Health and Social Care Committee report on the treatment and care of autistic people and those with learning disabilities has found that a lack of adequate community provision has led to many experiencing unnecessary admissions to and intolerable treatment in inpatient facilities. It calls for immediate action on the use of "restrictive practices" at inpatient facilities, and for Assessment and Treatment Units, where the average length of stay is six years, to be replaced by person-centred services which would only admit people for short periods of time and be located close to their homes.
National strategy for autistic children, young people and adults: 2021 to 2026 The government has published a new national strategy for improving the lives of autistic people and their families and carers in England, and implementation plan for 2021 to 2022. The strategy builds on and replaces the preceding adult autism strategy, Think Autism, which was published in April 2014. It extends the scope of the strategy to children and young people for the first time.
Early evaluation of the Children and Young People’s Mental Health Trailblazer programme The programme was launched in December 2018 to improve the prevention of mental health problems and early intervention for children and young people with mild to moderate mental health problems. It is funding the creation of mental health support teams, which work with staff in schools and further education colleges to promote mental health, and provide support to children and young people in their place of education. The early evaluation is following the experiences of the initial group of mental health support teams, which are based in 25 areas across England (called Trailblazers) and work with more than 1,000 schools and colleges.
Coronavirus: the consequences for mental health This research with almost 12,000 people found that those with mental health problems report an increase in the severity of challenges they're facing now and concerns about the future. The authors call for services to be ready for the increase in severity of people's mental health problems, and to take into account the trauma that people have experienced over the past year and how this might affect the support they need.
Remote hearings in the family court post-pandemic. A Nuffield Family Justice Observatory report sets out the findings of its rapid consultation to inform the post-pandemic recovery plans of the Family Court and the Court of Protection. The majority of respondents saw a continuing role for certain types of remote hearing, though raised concerns that hearings were often remote "by default" and that considerations such as the vulnerability of lay parties and their wishes and views, the complexity of the case, and whether there was access to suitable technology for all those taking part should be taken into account.
Cases
Fixsler v Manchester University NHS Foundation Trust Case [2021] EWCA Civ 1018 The court upheld a judge's decision that it was in the best interests of a two-year-old girl with catastrophic brain injuries that her life-sustaining treatment be withdrawn. The judge had not failed to appreciate the importance of her religion and culture, particularly its strictures in relation to the withdrawal of medical treatment. He had been entitled to refuse to assume that the girl would share the values of her parents in circumstances where she had never had, nor ever would have, the ability to understand anything of the original culture into which she was born.
Re KM [2021] EWCOP 42. Application by NHS Trust seeking orders by which permission would be granted by the court to withdraw the life-sustaining treatment that the P currently receives. The application was granted
London Borough of Southwark v P and others [2021] EWCOP 46. The Official Solicitor, as litigation friend for a young adult (P) who lacked capacity, applied to the Court of Protection (COP) to remove P's mother as a party to proceedings concerning P's residence, care and contact. The judge held that the purpose of the Mental Capacity Act 2005 was to protect and promote the best interests of the person who lacked capacity. Therefore, where P's best interests conflicted with the interests of P's mother, P's best interests were paramount. In addition, when balancing the mother's human rights under the Human Rights Act 1998 against P's rights, the fact that P would not continue with the proceedings if her mother was a party, had been living away from home for more than two years, was now an adult and had expressed a clear and consistent view that she did not want any contact with her mother, meant that the mother's Article 8 rights were effectively capped and seriously diminished.
Wigan MBC v W [2021] EWHC 1982. It was not in the best interests of a 12-year-old boy to authorise his continued deprivation of liberty in a paediatric hospital ward in conditions which breached his rights under ECHR art.5. All the evidence pointed to the current placement being manifestly harmful to him, and the absence of a suitable alternative placement could not render what was the single option available in his best interests and hence lawful.
Tameside MBC v C Family Division | [2021] EWHC 1814 When determining whether a child's deprivation of liberty in a secure residential placement was in his best interests, the court could not ignore the fact that the current placement was the only one available, particularly where none of the child's welfare needs would be met if he was not detained at his current placement. The court once again highlighted the fact that there was an acute shortage of provision for children with highly complex behavioural and emotional needs arising out of past physical, emotional and sexual abuse.
Consultations
Modernising Lasting Powers of Attorney. This consultation sets out a number of proposals that have been developed to modernise lasting powers of attorney. The aims are to: increase safeguards, especially for the donor; improve the process of making and registering an LPA for donors, attorneys and third parties; and achieve sustainability for the Office of the Public Guardian whilst keeping LPAs as affordable as possible for all people in society. Comments by 23.59 on 13 October 2021.
Reforming the Mental Health Act: government response to consultation The government hosted a public consultation from 13 January 2021 to 21 April 2021 on a set of proposals to reform the Mental Health Act. They received more than 1,700 responses. This report is the government’s formal response to this consultation. Further details on the impact of costs and benefits can be found in an accompanying impact assessment.
Mental health clinically-led review of standards. An NHS England consultation seeks views on proposed new standards, which aim to ensure that mental health patients requiring urgent care will be seen by community mental health crisis teams within 24 hours of referral, with the most urgent getting help within four hours. Comments by 1 September 2021.
Bevan Brittan Events
Recent developments to the MHA 1983 and MCA 2005. This seminar is aimed at professionals working within a mental health setting. It will consider legislative developments and significant cases decided over the last 12 months in relation to the MCA 2005, with a particular focus on any overlap within the context of the MHA 1983.
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
Digital innovation for future-proofing primary care. This report was produced by Push Doctor with the support of valued NHS partners. It explores how primary care networks (PCNs) might use digital solutions to create a more sustainable future.
GP Patient Survey: headline findings This survey, produced with Ipsos MORI, provides information on patients’ overall experience of primary care services and their overall experience of accessing these services. Data is weighted by age and gender so that results resemble the eligible registered list population of each practice and CCG. The latest survey consisted of around 2.41 million postal questionnaires sent out to adults registered with GP practices in England from January 2021 to the end of March 2021.
National Data Guardian statement on the General Practice Data for Planning and Research (GPDPR) programme. Dr Nicola Byrne's response to the Government's announcement that the collection of data from GP practices as part of the GPDPR programme will now only take place after key conditions have been met. An The National Data Guardian Nicola Byrne's response welcomes the Government's announcement that the collection of data from general practitioners' (GP) practices as part of the General Practice Data for Planning and Research programme (GPDPR) programme will now only take place after key conditions have been met: the ability for patients to opt out or back in to sharing their GP data with NHS Digital, with data being deleted even if it has been uploaded; a Trusted Research Environment is available where approved researchers can work securely on de-identified patient data which does not leave the environment; and a campaign of engagement and communication has increased public awareness of the programme.
Bevan Brittan 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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Social Care
Publications/Guidance
Unfair to care: understanding the social care pay gap and how to close it This report finds that many frontline social care workers are undervalued by as much as 39 per cent – nearly £7,000 per year – in comparison with their peers in equivalent positions in other publicly funded sectors. With the social care sector losing more than 34 per cent of its employees every year and having 112,000 vacancies presently, this research brings into stark focus the roots of an unprecedented workforce crisis. The report provides evidence that frontline carers receive an unjust deal in comparison with other publicly funded industries and breaks the stereotype that social care is a ‘low-skilled’ sector.
EHRC publishes terms of reference for statutory investigation into challenging and monitoring decisions about adult social care. On 19 July 2021, the Equality and Human Rights Commission (EHRC) published terms of reference for its inquiry into challenging and monitoring local authority decisions about individuals' entitlements to adult social care or support. Such decisions, which affect the ability of older and disabled people and carers to have choice, control and dignity in their everyday lives, have significant equality and human rights implications.
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.
Response to CQC's ‘Out of sight – who cares?’ report. The Department of Health and Social Care responds to the Care Quality Commission's report on the use of restraint, seclusion and segregation in care services.
Care homes: Visiting restrictions during the COVID-19 pandemic: Government Response to the Committee's Fifteenth Report of Session 2019-21: Second Special Report of Session 2021-22 A House of Commons and House of Lords Joint Committee on Human Rights special report sets out the Government's formal response to the recommendations made by the Committee in its report "Care Homes: Visiting restrictions during the COVID-19 pandemic", which focused on guidance to care homes in England on restricting visiting during the pandemic.
Stopping movement of staff between care settings: response to consultation The DHSC hosted a public consultation on plans to minimise the risk of coronavirus (Covid-19) infections by making residential and nursing care home providers restrict the movement of care staff. More than 1,300 responses were received and this document summarises these responses and sets out the government’s response to the issues raised.
News
Robot helpers among showcase of digital innovations improving adult social care.
Third of all Covid deaths in England were in care homes. At least one in three Covid deaths in England occurred in care homes, data has revealed, as it emerged that more than 40 people died in one home alone.
Bevan Brittan Updates
Regulations for Mandatory Covid-19 Vaccinations for Care Home Workforce Published. Jodie Sinclair
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
NHS England appoints first female chief executive.
Health and Care Bill The Health and Care Bill builds on the proposals for legislative change set out by NHS England in its long-term plan, while aiming to incorporate lessons learnt from the pandemic that will benefit both staff and patients. The Bill will ensure each part of England has an Integrated Care Board and an Integrated Care Partnership responsible for bringing together local NHS and local government, such as social care, mental health services and public health advice, to deliver joined-up care for its local population.
Briefing on the Health and Care Bill The King's Fund produced this briefing to inform the Second Reading of the Health and Care Bill in the House of Commons on 14 July 2021. The briefing focuses on the main sections of the Bill, which deal with the NHS and its relationships to other parts of the system, including the Secretary of State.
Integrated care systems boundaries review: decision summary Earlier this year, ministers asked NHS England to: set out options for boundary alignment in ICSs in specific geographies where upper-tier local authorities currently have to work across more than one ICS footprint; and assess the impact of changes to deliver alignment in each case. This work has now concluded, with advice provided to the Secretary of State for Health and Social Care. This paper sets out the final decision that has been taken for the areas in scope of the review.
Hospital discharge service: action cards. The action cards summarise the responsibilities of health and care staff in the hospital discharge process.
Attitudes towards and experiences of the NHS during Covid-19: views from patients, professionals and the public This report is the third and final report from a collaboration with Britain Thinks to understand how the experiences and perceptions of patients, professionals and the public have shifted during the pandemic and what this might mean for the future of the NHS in England. It looks at the NHS across three areas: primary care; secondary care; and community care. It also examines four patient types: mental health; long-term health conditions; cancer patients; and surgery patients. Additionally, it looks into what patients and the public understand about the term 'health inequalities'.
Department of Health and Social Care outcome delivery plan: 2021 to 2022 This plan sets out the detail of how the Department of Health and Social Care will deliver priority outcomes and how success will be measured. Priorities include protecting the public’s health through the health and social care system’s response to Covid-19, improving health care outcomes through a well-supported workforce, and improving, protecting and levelling up the nation’s health, including reducing health disparities.
Chief Medical Officer annual report 2021 This report highlights the health disparities in coastal communities compared with their inland neighbours, exploring the drivers of poorer health outcomes and the key challenges these regions face. Key themes covered by the report include mental health, deprivation and health, migration and demography, health services and medical workforce, and the health benefits of coastal living.
Innovation and knowledge development amongst providers of occupational health This research provides a description of employer attitudes, approaches to developing knowledge and examples of innovative practice in occupational health.
Hospital discharge and community support: policy and operating model - guidance Sets out how health and care systems should support the safe and timely discharge of people who no longer need to stay in hospital. Change made: ‘Hospital discharge service: policy and operating model’ has been replaced with ‘Hospital discharge and community support: policy and operating model’. The guidance has been restructured throughout, with changes to the following sections: in section 3 (discharge to assess arrangements), more detail has been added to define the 4 discharge pathways; section 6 (finance support and funding flows) has been updated to include information about financial requirements, first published on the NHS website on 20 May 2021. Section 7 (reporting and performance management) has been updated with hospital data collection information on discharge to explain changes that were introduced on 12 May 2021.
Will the NHS be on the table for a Pacific trade deal? Only six months since it left the EU single market, talks have begun for the UK to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This long read looks at the key ways in which joining the CPTPP could affect health in this country, should talks on UK accession succeed.
A missed opportunity: BMA response to the Race Report In its response to the Commission on Race and Ethnic Disparities’ (CRED race) report, the BMA refutes the report’s overall findings. The BMA's report highlights structural race inequality as a major factor affecting the outcomes and life chances of many ethnic minority health care workers.
Unequal pandemic, fairer recovery: the Covid-19 impact inquiry report This report is a comprehensive review of the factors that fuelled the UK’s Covid-19 death toll. It finds working-age adults in England’s poorest areas were almost four times more likely to die from Covid-19 than those in the wealthiest areas. The Health Foundation calls on the government to learn the lessons from the financial crisis and invest in health, to rebuild the economy and prevent long-term scarring.
Life Sciences Vision. An HM Government document sets out a 10-year strategy for the life sciences sector to build on successes of the COVID-19 response and accelerate delivery of innovations to patients. It outlines seven critical healthcare missions that government, industry, the NHS, academia and medical research charities will work together on at speed to solve - from cancer treatment to tackling dementia. These missions will focus on preventing, diagnosing, monitoring and treating disease early, using innovative clinical trials to develop breakthrough products and treatments, and accelerating the development and adoption of new drugs, diagnostics, medical technology and digital tools.
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