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.
Costs update for clinical negligence. A review of key developments and cases with tips to help practice and manage costs. - 21st 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. - 5th 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
Community health services two-hour crisis response standard guidance. This guidance sets out essential operational and clinical requirements for NHS-funded crisis response services that integrated care systems, providers and commissioners must achieve to meet the new national standard.
The role of the ambulance sector in transforming services and coping with the long-term impact of Covid-19 This report, produced jointly with the Association of Ambulance Chief Executives (AACE), says ambulance services should play a pivotal role in helping the NHS pull through the pandemic, bear down on the care backlog and transform services for patients.
News and Updates
HSJ Podcast - why ambulance and A&E waits have hit record highs
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
The health impacts of early childhood interventions: evidence from Sure Start This research finds that one of England’s biggest early years programmes, Sure Start, delivered long-lasting health benefits for children through their teenage years. Taken together, the savings from reduced hospitalisations up to age 15 offset around 31 per cent of spending on the programme.
Babies, children and young people's experience of healthcare This guideline recommends ensuring children and young people are fully informed about their health so that they are empowered to take an active role in their health care. It emphasises the need to provide children and young people with clear and accurate information that can be tailored to an individual patient’s level of maturity and understanding. It recommends that information materials should be developed in partnership with young people and presented in a range of formats using words and images.
The good childhood report 2021 This report shows the latest trends in children's wellbeing. The research seeks to understand how young people feel about different aspects of their lives. This year, school, friendships and appearance continue to cause the greatest dissatisfaction in adolescence.
Reaching the tipping point: children and young people's mental health This report considers what impact the pandemic has had on children and young people’s mental health, the services that support them, and how local systems are working in new ways to confront the issues before them.
Universal vaccination of children and young people aged 12 to 15 years against COVID-19 Letter from the UK Chief Medical Officers to the UK Health Ministers on COVID-19 vaccination of 12 to 15 year olds.
News
Cosmetic clinics face prosecution for treating children. The Minister of State for Mental Health, Suicide Prevention and Patient Safety has stated that cosmetic clinics that fail to verify that customers are 18 or over before administering Botox or dermal fillers will face prosecution from October 2021, with the aim of protecting children from pressure to achieve "utterly unrealistic" body images. More than 41,000 non-invasive cosmetic procedures were carried out on under-18s in the UK in 2020, according to analysis from the Department of Health and Social Care. Complaints about adverse effects have risen tenfold in five years to 2,083 complaints in 2020, up from 217 in 2016, according to the Save Face campaign, which lobbies for better regulation in the industry.
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 annual report and accounts 2020 to 2021 Annual report and accounts from NHS Resolution covering 1 April 2020 to 31 March 2021.
Maternity incentive scheme: Year four. Year four of the Maternity Incentive Scheme launched on 9 August 2021. The scheme supports the delivery of safer maternity care through an incentive element to trust contributions to the CNST. The scheme, developed in partnership with the national maternity safety champions, Dr Matthew Jolly and Professor Jacqueline Dunkley-Bent OBE, rewards trusts that meet ten safety actions designed to improve the delivery of best practice in maternity and neonatal services. In the fourth year, the scheme will further incentivise the ten maternity safety actions from the previous year with some further refinement.
Supporting mental healthcare in a maternity and neonatal setting: good practice guide and case studies This guide is for commissioners and staff involved in maternity and neonatal care. It describes the underpinning principles of and good practice for supporting good mental health and psychological wellbeing in maternity and neonatal settings. It also considers the role of specialist maternal mental health services (MMHS) in supporting this function.
Caring for hospital patients with Covid-19: quality of care in England examined by case record review This study recruited a sample and demographic representative of English hospitals’ experience of the Covid-19 pandemic. It gathered information about the quality of care delivered from 19 organisations that between them accounted for a population of almost 10.5 million people. The study reviewed 510 patient cases and their care to identify learnings from the pandemic. It concluded that overall care delivered was judged to have been adequate or better in 96.5 per cent of the patient cases.
Antenatal care This guideline replaces the recommendations from NICE’s 2008 guideline on antenatal care and aims to improve the consistency of care across the country. It offers practical advice on the routine care of women and their babies during pregnancy. It aims to ensure that women are offered regular check-ups, information and support, and includes recommendations on a range of topics from monitoring foetal growth to the sleep position to avoid during pregnancy. The guideline highlights the importance of informed shared decision-making and addresses the role that partners play in supporting women through their pregnancy.
New 10-year patient safety analysis highlights areas for improvement in acute medical units. Recommendations from a new 10-year analysis of patient safety incidents in hospital acute medical units across England and Wales include the introduction of electronic prescribing and monitoring systems, checklists to reduce diagnostic errors, and an increased presence of senior clinicians and pharmacists overnight and at the weekends to reduce the vulnerability of less experienced staff.
COVID vaccination in pregnancy The Royal College of Midwives has helpful resources for maternity staff to support pregnant women to get the COVID vaccine.
Cases
Wilkins v University Hospital North Midlands NHS Trust. [2021] EWHC 2164 (QB) Although a claimant had not brought his clinical negligence claim, alleging that a hospital's failure to treat a post-operative infection had led to his leg being amputated, within three years of having the relevant knowledge under the Limitation Act 1980 Pt I s.11(4), it was equitable in all the circumstances to exercise discretion under s.33 to disapply that time limit and permit the claim to proceed.
Sheard -v- Cao Tri Do [2021] EWHC 2166 . The court considered competing witness evidence in the context of a medical negligence action.
Aderounmu v Colvin [2021] EWHC 2293 The claimant in a clinical negligence claim against a GP for failing to refer him for urgent investigations for a possible stroke had mental capacity to conduct the litigation. He had known more than three years before he issued proceedings that he had a cause of action against the GP in respect of his subsequent stroke and so the proceedings were statute-barred, but it was equitable to disapply the limitation provisions and allow the action to proceed to trial.
Weller v Royal Cornwall Hospitals NHS Trust Queen's Bench Division [2021] EWHC 2332. An NHS Trust facing a negligence claim was given permission to adduce evidence from a neuropsychologist in addition to a neurologist, given the view of both experts that having both reports would allow for a better assessment of whether the claimant's dementia could be attributed to the alleged negligence.
News/articles
New co-operation in clinical negligence claims could last beyond pandemic A protocol agreed in summer 2020 by the Society of Clinical Injury Lawyers and NHS Resolution, which introduced practices to help the conduct of litigation during the coronavirus (COVID-19) pandemic, is set to continue to keep cases from escalating into unnecessary litigation and to minimise legal costs. The protocol introduced more flexibility on limitation periods, greater use of email to serve and receive documents and online examinations of clients for medical expert reports.
Families: How visiting bans led to poor care.
Bevan Brittan Events
Costs update for clinical negligence. A review of key developments and cases with tips to help practice and manage costs. - 21st 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. - 5th 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
New guidelines for digitised healthcare NHSX has published new guidelines for digitised healthcare to support integrated care systems (ICSs) and individual health and care organisations to transform services for patients.
What Good Looks Like framework and funding digital programmes The NHSX What Good Looks Like framework outlines digital best practice for trusts and integrated care systems. This briefing summarises the proposed framework and associated funding information, followed by a discussion of the implications for trust leaders.
Harnessing technology for the long-term sustainability of the UK's healthcare system: report The Covid-19 pandemic has exposed the limitations of the current health system, highlighting health inequalities, the challenges to integrated health and social care, and the shortcomings in our approach to public and population health. It has also led to further pressures on the system, with a backlog of treatment requirements that may take considerable time to clear. This report presents recommendations aimed at creating system change to improve outcomes for patients and support health care professionals, focusing on the successful integration of existing health care technologies to enable health system leaders to radically reshape the model of health and care delivery.
Innovation and new technology to help reduce NHS waiting lists Surgical hubs, new technology and innovative ways of working will help tackle waiting lists and treat around 30% more elective care patients by 2023/24
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
Pastoral support and induction for international recruits This case study looks at what University Hospitals Sussex NHS Foundation Trust has done to effectively induct new overseas nurses over recent months.
The NHS bursary scheme new rules: tenth edition for the academic year 2021 to 2022 This guidance contains information for students and higher education institutions about the NHS bursary scheme rules that apply for the academic year 2021 to 2022. They apply to: medical and dental students; continuing non-medical students; continuing non-medical postgraduate students; and continuing students on dental hygiene and dental therapy courses.
Untapped? Understanding the mental health clinical support workforce This report explores the roles, responsibilities and diversity of mental health clinical support staff. It aims to draw out the number and distribution of this workforce and issues around recruitment, career progression and retention.
What support do nurses and midwives qualifying in the age of Covid-19 need? Insights from UNISON members 2021 This report finds that more than two-thirds (70 per cent) of students or newly qualified nurses and midwives believe they have missed out on important learning experiences during Covid. The findings also show more than half (56 per cent) of final year students worry they’re not as prepared for qualification as they should be. The report calls for the government and NHS leaders to give greater support to the newly qualified health staff.
Sexism in medicine. This report summarises the results of a BMA survey of the medical profession. It found antiquated attitudes prevail towards women, who reportedly lack the support needed to establish themselves in leadership positions.
Staff mental health and wellbeing hubs In response to the pandemic, mental health and wellbeing hubs have been set up to provide staff rapid access to evidence-based mental health support where needed.
Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance. From 11 November 2021 anyone working in a CQC regulated care home, providing nursing or personal care, will need to be fully vaccinated, unless they are exempt. The Government has published new guidance about how the regulations will be implemented.
DHSC has published guidance on new regulations which make COVID-19 vaccination a requirement for NHS staff entering care homes. This includes all staff in NHS commissioned services going into care homes.
COVID-19: Acas publishes new guidance on vaccination for care home staff in England.
Guidance: Steps to take following the death of a person who worked in adult social care in England. Department of Health and Social Care updated guidance sets out actions for local authorities and social care providers following a coronavirus (COVID-19) related death of an employee or volunteer in adult social care, which includes bereavement resources for the social care workforce.
Social care leaders: vision for a future workforce strategy A new report from multiple agencies offers a vision of what should be in a workforce strategy for the care sector. It argues that a strategy for the 1.5 million strong workforce must be driven by a shared vision. It also suggests priorities that should be included in a national workforce strategy such as staff recognition and investment in training.
Consultations
Making vaccination a condition of deployment in the health and wider social care sector. A Department of Health and Social Care consultation seeks views on whether to extend vaccination requirements to other health and care settings for COVID-19 and also for flu. The consultation proposes that, if introduced, requirements would apply to frontline health and care workers, those with face-to face contact with patients and clients though the delivery of services as part of a Care Quality Commission regulated activity. Comments by 23.45 on 22 October 2021.
News
Only 1 in 3 bereaved families of NHS and social care staff have received Covid payouts from Government scheme
Doctors’ burnout worsens as GMC report reveals pandemic impact
Bevan Brittan Events
Workforce Forum - 22 September 2021. Please join us at our Workforce Forum on 22 September for an interactive panel discussion on the Health and Social Care Workforce Vision for 2031.
Employment Law Update : Menopause - 19 October 2021. In this webinar we will discuss the obligations of employers, how to ensure staff are supported and whether specific policies should be introduced. This event is aimed at HR professionals and anyone involved in workforce or employment issues.
Bevan Brittan Updates
Making vaccination a condition of deployment in the health and wider social care sector - Jodie Sinclair
Employment Eye 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
Fixing social care is not all about a cap on costs Evidence from around the world shows that a cap on costs is only one of several measures used to set the level of access to social care. As Simon Bottery writes in this blog, the government will need an effective combination to move towards a better social care system.
Health and social care funding to 2024/25 This analysis sets out the scale of the challenge facing the government if it wants to clear the backlog in NHS care over the course of this parliament and return hospital waiting times to 18 weeks.
Paying for adult social care in England This briefing provides a high-level overview of how individuals in England may access financial support from their local authority towards the costs of their adult social care.
A reckoning: the continuing cost of Covid-19 This joint briefing by NHS Providers and the NHS Confederation, based on survey data from 54 per cent of the provider sector, explains the potential long-term impact of the pandemic on the NHS’s day-to-day running costs, and calls on the government to ensure these costs are met in full.
NHS charges House of Commons Library briefing on NHS charges.
If you wish to discuss any queries you may have around finance please contact Claire Bentley.
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Health Inequalities
Publications/Guidance
A perfect storm: health inequalities and the impact of Covid-19 This report warns that Covid-19 has created a ‘perfect storm’ of existing inequality and disease, leading to higher rates of coronavirus infections and death among the most disadvantaged people. It says it is vital to act now and drive forward work programmes that reduce inequalities, prevent poor health and improve people’s opportunities to live healthier, more active lives. Examples from local authorities are included, ranging from providing mental health services for tackling loneliness and isolation, to accessing essential items such as food, medicine and financial support.
Tackling obesity: the role of the NHS in a whole-system approach. Rates of obesity in England are high and rising, with a strong systemic relationship between obesity and deprivation. There is more that the NHS can and should be doing to tackle obesity. This briefing explores how the NHS can work with local partners to engage communities and deliver targeted interventions.
Health inequalities in a nutshell. Health inequalities are avoidable, unfair and systematic differences in health between different groups of people.
Inclusive language in health and care: why the words we use matter Emily Lennon reflects on the impact of language when it comes to addressing health inequalities, and why it's more than just using 'correct' terminology.
Harnessing technology for the long-term sustainability of the UK's healthcare system: report The Covid-19 pandemic has exposed the limitations of the current health system, highlighting health inequalities, the challenges to integrated health and social care, and the shortcomings in our approach to public and population health. It has also led to further pressures on the system, with a backlog of treatment requirements that may take considerable time to clear. This report presents recommendations aimed at creating system change to improve outcomes for patients and support health care professionals, focusing on the successful integration of existing health care technologies to enable health system leaders to radically reshape the model of health and care delivery.
If you wish to discuss any queries you may have around health inequalities please contact Claire Bentley.
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Information sharing/data
Publications/Guidance
Suicide prevention. An Office for Students publication offers guidance to universities and colleges on the steps they can take to support students who may be at risk of suicide and their communities as a whole, as well as providing links to a range of resources and training materials.
Consensus statement for information sharing and suicide prevention The consensus statement sets out how and when clinicians should share information about patients, within the legal framework, where this may help prevent suicide.
SHARE: consent, confidentiality and information sharing in mental healthcare and suicide prevention. Guidance from the Zero Suicide Alliance on using DHSC’s consensus statement and engaging with patients when discussing confidentiality and consent to share information.
National Data Guardian guidance on the appointment of Caldicott Guardians, their role and responsibilities. This guidance, issued under the National Data Guardian's statutory powers, is about the appointment, role and responsibilities of Caldicott Guardians.
Coronavirus (COVID-19): notification to organisations to share information Notification to healthcare organisations, GPs, local authorities and arm's length bodies that they should share information to support efforts against coronavirus (COVID-19).
Data saves lives: reshaping health and social care with data (draft) 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.
Records management: code of practice for health and social care. Sets out standards required for the management of records for organisations who work within, or under contract to the NHS in England.
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
New guidelines published for legal professionals practising within the Coroners’ Courts. The Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation have today published new guidance designed to ensure standards for solicitors, barristers and CILEX Advocates working in the Coroners’ Courts. This includes: A set of competences which spell out the standards expected of lawyers by the regulators and the public Guidance and other resources to help make sure that the standards are met. The new guidelines have been introduced in response to concerns about the standards of practice among some lawyers in the Coroner’s Court.
3rd Special Report - The Coroner Service: Government Response to the Committee’s First 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
NMC response to 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 response by the Nursing and Midwifery Council (MNC) to the statutory guidance for NHS organisations in England and police forces in England and Wales on how the Mental Health Units (Use of Force) Act 2018 applies to mental health units, including both NHS and independent hospitals providing NHS funded care.
Supporting mental healthcare in a maternity and neonatal setting: good practice guide and case studies This guide is for commissioners and staff involved in maternity and neonatal care. It describes the underpinning principles of and good practice for supporting good mental health and psychological wellbeing in maternity and neonatal settings. It also considers the role of specialist maternal mental health services (MMHS) in supporting this function.
Suicide prevention. An Office for Students publication offers guidance to universities and colleges on the steps they can take to support students who may be at risk of suicide and their communities as a whole, as well as providing links to a range of resources and training materials.
Consensus statement for information sharing and suicide prevention The consensus statement sets out how and when clinicians should share information about patients, within the legal framework, where this may help prevent suicide.
SHARE: consent, confidentiality and information sharing in mental healthcare and suicide prevention. Guidance from the Zero Suicide Alliance on using DHSC’s consensus statement and engaging with patients when discussing confidentiality and consent to share information.
COVID-19: supporting adults with learning disabilities and autistic adults Guidance for care staff who are supporting adults with learning disabilities and autistic adults during the coronavirus (COVID-19) outbreak.
Mental health impacts of the COVID-19 pandemic on adults. A Parliamentary Office of Science and Technology (POST) research briefing summarises the key findings from research into the mental health impacts of the coronavirus (COVID-19) pandemic on adults, highlights the groups most affected and their mental health outcomes, and looks at the limitations of current knowledge. It also discusses policy approaches to protect mental health and how healthcare services can adapt to improve outcomes.
Liberty Protection Safeguards factsheets Information about Liberty Protection Safeguards.
Cases
A local Authority v P and CCG (JUDGMENT ON CAPACITY) [2021] EWCOP 48. Judgment concerning whether a young man had capacity, in particular with regards to his contacts and sexual relationships.
A, Re (Covid-19 vaccination) [2021] EWCOP 47 16/8/2021. Application by CCG to determine whether they can administer the Astra Zeneca vaccine to a clinically vulnerable adult.
Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment) [2021] EWCOP 51. Judgment concerning whether the mechanical ventilation of a woman lacking capacity should be discontinued.
Liverpool City Council v CMW [2021] EWCOP 50. Judgment related to whether a young woman has the capacity to make decisions in a range of matters including the management of her own affairs.
MT, Re Court of Protection [2021] 8 WLUK 59 It was in the best interests of a 56-year-old woman with schizophrenia to have bilateral cataract surgery where she lacked capacity to consent to the treatment. The risks associated with surgery were low, and if left untreated the medical evidence was that she would go blind and be unable to return home
North Yorkshire CC v C [2021] EWHC 2171. In circumstances where two NHS mental health trusts with 10 available tier 4 beds in a medium secure unit had refused to admit a 15-year-old girl who had been twice assessed as urgently requiring such provision, the court joined the two trusts and the Secretary of State for Health as parties to the proceedings to investigate properly the obstacles to her admission and how they could be overcome.
Bevan Brittan Events
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
Afghan relocation and resettlement schemes: advice for primary care. Public Health England has produced guidance for primary care professionals concerning the Afghan relocation and resettlement schemes and is intended as a resource to support assessing and addressing individuals health needs. This complements advice and announced funding support for commissioners on expectations of primary care support for individuals and families moved into temporary bridging accommodation: facilitating GP registration for all individuals and commissioning a robust wrap around service to provide an enhanced health assessment to identify and manage immediate health and care requirements.
Primary care networks: two years on Despite still being in their infancy, primary care networks (PCNs) have played a leading role in England’s response to Covid-19. Two years on from their creation, and approaching the mid-point of their five-year contract, this report considers their progress and successes so far, the challenges they have faced and the opportunities that lie ahead with the move to greater system working.
Addressing the care backlog: an essential partnership between primary and secondary care This briefing, produced in partnership with At Scale Primary Care Networking Group, focuses on how primary and secondary care can work together to reduce the backlog generated by the pandemic.
Enhanced service specification: long COVID 2021/22 NHS England’s long COVID self-assessment template will help GPs meet requirements for the enhanced services for managing patients with long COVID.
Sheffield vulnerable patient visiting service Case study about how a group of seven GP practices in Sheffield worked together during the pandemic to develop a proactive home visiting service for their most vulnerable patients.
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
Resident-to-resident harm in care homes and other residential settings: a scoping review This review explores resident-to-resident harm in care homes, also referred to as resident-to-resident abuse. The review considers: definitions and types of resident-to-resident abuse; prevalence of resident-to-resident abuse; risk factors for resident-to-resident abuse; prevention of and interventions for resident-to-resident abuse; research gaps; and potential case studies. Free registration is required to access this document.
Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance. From 11 November 2021 anyone working in a CQC regulated care home, providing nursing or personal care, will need to be fully vaccinated, unless they are exempt. The Government has published new guidance about how the regulations will be implemented.
DHSC has published guidance on new regulations which make COVID-19 vaccination a requirement for NHS staff entering care homes. This includes all staff in NHS commissioned services going into care homes.
COVID-19: Acas publishes new guidance on vaccination for care home staff in England.
Fixing social care is not all about a cap on costs Evidence from around the world shows that a cap on costs is only one of several measures used to set the level of access to social care. As Simon Bottery writes in this blog, the government will need an effective combination to move towards a better social care system.
Build back better: our plan for health and social care This paper sets out the government’s new plan for health and social care. It provides an overview of how this plan will tackle the elective care backlog in the NHS and put the NHS on a sustainable footing. It sets out details of the plan for adult social care in England, including a cap on social care costs and how financial assistance will work for those without substantial assets. It covers wider support that the government will provide for the social care system, and how the government will improve the integration of health and social care. It explains the government’s plan to introduce a new health and social care levy.
Improving healthcare in care homes. This report describes the care home sector across the UK as it currently stands and recent initiatives taken to improve health care for care home residents, including specific initiatives during the COVID-19 pandemic.
Health and social care funding to 2024/25 This analysis sets out the scale of the challenge facing the government if it wants to clear the backlog in NHS care over the course of this parliament and return hospital waiting times to 18 weeks.
Paying for adult social care in England This briefing provides a high-level overview of how individuals in England may access financial support from their local authority towards the costs of their adult social care.
Proposed reforms to adult social care announced in September 2021 This briefing provides information on the Government's proposals for adult social care reform, announced in September 2021.
Adult social care monthly statistics, England: August 2021
Guidance: Steps to take following the death of a person who worked in adult social care in England. Department of Health and Social Care updated guidance sets out actions for local authorities and social care providers following a coronavirus (COVID-19) related death of an employee or volunteer in adult social care, which includes bereavement resources for the social care workforce.
Social care leaders: vision for a future workforce strategy A new report from multiple agencies offers a vision of what should be in a workforce strategy for the care sector. It argues that a strategy for the 1.5 million strong workforce must be driven by a shared vision. It also suggests priorities that should be included in a national workforce strategy such as staff recognition and investment in training.
News
Vaccination of people working or deployed in care homes: operational guidance From 11 November 2021, anyone working or volunteering in a care home will need to be fully vaccinated against coronavirus (COVID-19), unless exempt.
Bevan Brittan Updates
Making vaccination a condition of deployment in the health and wider social care sector - 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
Integrated Care Systems: Guidance. These documents set out the headlines for how we will ask NHS leaders and organisations to operate with their partners in Integrated Care Systems (ICSs) from April 2022 and guidance in respect of what the employment commitment is, its application in practice and how it affects people.
New guidance published on development of place-based partnerships as part of new statutory Integrated Care Systems. On 2 September 2021, NHS England, NHS Improvement and the Local Government Association (LGA) published guidance to support partner organisations in integrated care systems (ICSs) transition to the new statutory ICS arrangements outlined in the Health and Care Bill 2021-22. These are anticipated to start from April 2022. The guidance describes the activities placed-based partnerships may lead, capabilities required and potential governance arrangements. The guidance outlines, among other things, that: • Place-based partnerships are collaborative arrangements formed by the organisations responsible for arranging and delivering health and care services in a locality or community. • Place-based partnerships will remain as the foundations of integrated care systems as they are put on a statutory footing (subject to legislation), building on existing local arrangements and relationships. • System partners will be responsible for determining the footprint for each place-based partnership, the leadership arrangements and what functions it will carry out. The guidance is subject to change until legislation passes through Parliament and receives Royal Assent. However, the guidance suggests, as part of the establishment of new ICS arrangements from April 2022, that ICS leaders confirm their proposed place-based partnership arrangements for 2022/23, including the configuration and size of their boundaries, leadership and membership. The guidance is part of a suite of documents which also includes interim guidance on the expected functions and governance requirements for ICSs
Long read The Health and Care Bill: six key questions The purpose of the reforms are to promote more joined-up services and collaboration rather than competition – but what will this mean in practice?
A system approach to the demand crunch This briefing outlines NHS leaders' views on what must be done to ensure the NHS does not become overwhelmed. It outlines what we can learn now in order to plan well as a system for the winter and highlights 10 areas of focus for local systems.
Model of oral healthcare for asylum seekers and refugees: how to support access to NHS dentists Asylum seekers and refugees can face barriers when accessing NHS dentists. This model of care details the processes, rights and entitlements to care and includes supporting information and links to forms and guidance. It is designed for local authorities, support services and health professionals who work with asylum seekers and refugees.
Non-emergency patient transport review. This report sets out measures for improving non-emergency patient transport (NEPTS). These NHS-funded transport services support those people whose medical condition or mobility constraint would otherwise be a major barrier to getting to treatment.
The untold heartbreak This report warns that waiting lists for life-saving heart diagnosis and treatment could more than double within two years in England due to the pandemic. It estimates that the number of people anxiously waiting for heart care and diagnosis could peak at around 550,385 in January 2024 if the NHS doesn’t get enough investment and is under increased pressure from Covid-19 or a bad winter. Missed opportunities to prevent, diagnose and treat heart and circulatory diseases, an unprecedented backlog of people waiting for care, and a cliff-edge fall in research funding could amount to a loss of progress for a generation and lives cut short from treatable heart conditions.
Could NHS waiting lists really reach 13 million? IFS modelling shows the scale of the waiting list challenge ahead for the NHS in England, as the millions who have missed out on care come forward, and the NHS is potentially hamstrung by infection control measures and the continued need to treat a high number of Covid-19 patients. The analysis shows that whether or not waiting lists rise as far as 13 million depends crucially on the ability of the NHS to expand its capacity and treat more patients than it did pre-pandemic. If that proves impossible, waiting lists could indeed rise to 13 million – or even higher.
Posters and leaflets for NHS overseas visitors and migrants Posters and leaflets for NHS trusts to use to inform overseas visitors and migrants about access to healthcare in the NHS.
When we work together - learning the lessons This report calls on the government to learn from the success of the Covid-19 response and continue the increased investment in homelessness services to avoid a post-pandemic surge in rough sleeping. In total the report makes 22 recommendations around increased funding for homeless services; changes to the welfare system; partnership working across agencies involved in supporting those rough sleeping or at risk of homelessness; the increased involvement of health services in solutions for people experiencing homelessness; and a tailored approach for women, young people and those with no recourse to public funds.
News/updates
Call to ban virginity surgery. Times, 17 August 2021, 16. The Royal College of Obstetricians and Gynaecologists has urged the Government to take action to end hymenoplasty or any procedure to rebuild or repair the hymen, so called "revirginisation", as it can never be justified on health grounds. The college said both practices were harmful and that women who seemed to be at risk of coercion into surgery or violence should be referred to police, social services and support groups. The Department of Health and Social Care said it would legislate to ban virginity testing and set up a panel to consider criminalising hymenoplasty.
Bevan Brittan Updates
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