31/05/2022
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
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.
Common learning points and current challenges in primary care. Ellen Nicholson, National Safety and Learning Lead for General Practice – NHS Resolution and Dr Anwar Khan, Senior clinical advisor for general practice – NHS Resolution, will look at common learning points and current challenges in primary care from a Nursing and GP perspective and give an update on the CNSGP and ELSGP schemes.
Children and Young People’s Treatment: When Parents, Doctors and Local Authority Parents Disagree. From vaccination to life-sustaining treatment – who can consent when the patient is under 18 and what happens when there is no agreement about the best way forward? This session will be presented by Katie Gollop QC of Serjeants’ Inn Chambers.
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 attendance.
Acute and emergency care
Publications/guidance
Beds in the NHS This report shows that an additional 13,000 staffed beds are required in the NHS across the UK to drive meaningful change and improvement. Meaningful change and improvement would constitute a significant improvement in A&E waiting times, ambulance response times, ambulance handover delays, and a return to safe bed occupancy levels.
Improving engagement and communications for ambulance service staff Due to the large numbers of employees who aren’t office based and are offsite for most of their working hours, Yorkshire Ambulance Service (YAS) wanted to improve the ways they could communicate and engage with all staff, including those more dispersed. Through different approaches, YAS developed three schemes: appointed a number of employees as cultural ambassadors; procured and implemented an app called ‘Simply Do Ideas’; and established a range of staff equality networks with the aim of making sure staff from under-represented groups also had their voices heard.
The Government's Response to the House of Commons Health and Social Care Committee Report on Clearing the Backlog Caused by the Pandemic In a Government response to the "Clearing the backlog caused by the pandemic" report the Department of Health and Social Care sets out how the Government is working with its arm's length bodies to help the NHS clear the waiting list for elective care. It sets out responses made to recommendations on the scale and impact of the NHS backlog and funding and policies to tackle it. The Health and Social Care Committee criticised the Government's rejection of a recommendation for a broad national health and care recovery plan to tackle the backlog, and flagged the rejection of its call for the publication of an annual independent assessment of workforce numbers.
News
Ambulance service will collapse by August, predicts its nursing director.
If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.
Children and young people
Publications/Guidance
The independent review of children's social care: Final report Josh MacAlister's final report of his independent review of children's social care concludes "this moment is a once in a generation opportunity to reset children's social care". He argues that without a "dramatic whole system reset" outcomes will "remain stubbornly poor" and the flawed system will cost over £15 billion per year. Recommendations include: make the experience of being in care a protected characteristic under the Equality Act 2006; levy a windfall tax on the largest providers; a new family help service; expert child protection practitioners in every case where there are concerns about serious harm; a new lifelong guardianship order; and new care standards.
Fundamental shift in children's social care set out. Responding to Josh MacAlister's "Independent Review of Children's Social Care: Final Report", the Government has set out initial measures to better support vulnerable children and families and shift how children's social care services are delivered. The Government plans to set up a new National Implementation Board of sector experts and people with experience of leading transformational change in the care system. It will also boost efforts to recruit more foster carers; increase support for social workers including on leadership, recruitment and retention; improve data sharing; and implement a new evidence-based framework for all the professionals working in children's social care.
National review into the murders of Arthur Labinjo-Hughes and Star Hobson National child safeguarding practice review into the murders of Arthur Labinjo-Hughes and Star Hobson.
Support for children and young people’s mental health (England). House of Commons Library briefing on children and young people’s mental health policy
Supporting vulnerable adolescents. A National Audit Office study, scheduled for Autumn 2022, will examine whether the Government understands what is needed to effectively identify and support vulnerable adolescents who are at risk of avoidable adverse outcomes, and who may need costly government interventions if their needs are not addressed. It will focus on adolescents who are not yet receiving statutory support through the social care system.
Health and Wellbeing of Children and Young People A Health, Social Care and Sport Committee report on health and wellbeing of children and young people sets out recommendations in relation to: improving physical health, sexual and reproductive health, mental health and the impact of the coronavirus pandemic; mental health services and standards, the mental health workforce, stigma, eating disorders, the impact of poverty and inequality on health and wellbeing, disadvantaged groups and health, young carers, adverse childhood experiences, care, transition to adult services, and the role of schools and youth services in supporting health and wellbeing.
Report on Distance Placements. A Care Inspectorate report provides a series of recommendations to improve the lives of children experiencing care in distance placements. The report found that a combination of inadequate planning, poor practice, and limited resources is resulting in some children facing further trauma and negative outcomes. Concerns about placements to inappropriate settings, away from family, friends and familiar support networks are also highlighted in the report.
Get support from children's social care sector-led improvement partners. Department for Education guidance for local authorities (LAs) who are rated as inadequate or requires improvement in relation to their children's services. Support can also be accessed by local authorities rated as good, where there is significant evidence of a decline in performance. It will help LAs find a suitable sector-led improvement partner to support them to improve their children's services.
News
Puberty-blocking ruling will not be challenged The landmark ruling over the use of puberty blocking drugs for children with gender dysphoria, Bell v Tavistock and Portman NHS Foundation Trust (CA (Civ Div)), will not be challenged in the Supreme Court as it did not "raise an arguable point of law". Supreme Court Justices Lord Reed, Lord Sales and Lord Stephens denied Keira Bell permission to bring the appeal.
Bevan Brittan Events
Children and Young People’s Treatment: When Parents, Doctors and Local Authority Parents Disagree. From vaccination to life-sustaining treatment – who can consent when the patient is under 18 and what happens when there is no agreement about the best way forward? This session will be presented by Katie Gollop QC of Serjeants’ Inn Chambers.
If you wish to discuss any queries you may have around children please contact Deborah Jeremiah or Ruth Shedlow
Clinical Risk / Patient Safety
Publications/Guidance
Memorandum of Understanding Care Quality Commission and NHS Resolution. A signed memorandum of understanding between NHS Resolution and Care Quality Commission sets out how the two bodies will work together to share information. It will support the joint aims of: improving safety cultures in the NHS and highlighting good practice; making more effective use of data to improve patient care deliver; considering the impact of innovation and new technology on healthcare; and promoting equality, diversity and inclusion.
NHS Resolution strategy to 2025. The new strategy builds on the work undertaken since 2017 to focus on early intervention, and avoid unnecessary court action and other formal processes.
NHS Resolution Business plan 2022/23. This business plan for 2022/23 sets their financial and delivery plans to complement our strategy to 2025.
Relaunch of year 4 of the Maternity Incentive Scheme (MIS) Year 4 of the MIS was relaunched on 6 May 2022, following an earlier decision to pause reporting requirements due to the pandemic. The scheme’s submission deadline has been extended from June 2022 to 5 January 2023 to provide trusts with extra time to achieve the standards. Interim timeframes within each of the safety actions have also been reviewed and extended. Revised MIS year 4 guidance is available on the NHS Resolution website.
Systemic racism, not broken bodies: an inquiry into racial injustice and human rights in UK maternity care This year-long inquiry heard testimony from women, birthing people, health care professionals and lawyers outlining how systemic racism within maternity care – from individual interactions and workforce culture through to curriculums and policies – can have a deep and devastating impact on basic rights in childbirth. The report sets out five actions maternity services should take to drive forward concrete change.
Consultations
Consultation on changes to the Qualified One-Way Costs Shifting (QOCS) regime in personal injury cases A Ministry of Justice consultation proposes specific rule changes to qualified one way costs shifting (QOCS), a form of costs protection in personal injury (PI) cases which was introduced in 2013. The Civil Procedure Rule Committee costs sub-committee is taking forward work on extending fixed recoverable costs (FRC) in civil cases. The Government proposes making amendments to: allow that a claimant's entitlement to costs is considered to be part of the overall fund against which set-off can be applied; and extend costs orders to deemed orders, so a defendant can enforce a deemed order for costs (especially following acceptance of a Part 36 offer) without the permission of the court. A second consultation, "Consultation on extending fixed recoverable costs (FRC): how vulnerability is addressed", considers how vulnerability should be addressed in FRC cases. Comments by 20 June 2022.
Cases
JA v. Mid-Cheshire Hospitals NHS Foundation Trust (High Court, 26 January 2022 – Eyre J.)This hearing involved an attempt to re-open a clinical negligence claim over fifteen years after it had originally been discontinued during a hearing before another High Court judge.
Bevan Brittan Updates
Vicarious liability: Another helpful decision for Defendants using independent contractors. Hughes v Rattan – Another Court of Appeal decision on vicarious liability in favour of Defendants using independent contractors – but a non-delegable duty of care still means the Claimant succeeds
Bevan Brittan Events
Common learning points and current challenges in primary care. Ellen Nicholson, National Safety and Learning Lead for General Practice – NHS Resolution and Dr Anwar Khan, Senior clinical advisor for general practice – NHS Resolution, will look at common learning points and current challenges in primary care from a Nursing and GP perspective and give an update on the CNSGP and ELSGP schemes.
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 or Tim Hodgetts.
Digital Health
Publications/guidance
Digital delivery principles This guide (produced jointly with Public Digital as part of the Digital Boards development programme) outlines practical takeaways for NHS trust leaders, shares peer learning and summarises key considerations for all board members when building and implementing digital services. It aims to increase board members' confidence in delivering digital at their trust and help them to avoid common mistakes
Putting patients first: championing good practice in combatting digital health inequalities This report focuses on digital health inequalities and the impact that digital exclusion is having on health in the UK. It highlights different reasons for disparities in a person’s ability to access and use digital health technology and provides insights into the severity of the UK’s digital inequalities. It looks at four case studies demonstrating unique ways to combat digital health inequalities and improve access, and use of digital health technology for patients.
The Phillips Ives Nursing and Midwifery Review. An NHS review into the digital readiness of its nurses and midwives will call on evidence from across the nursing and midwifery workforce as well as wider professions within the NHS and from aboard. The review's findings will inform the NHS's future digital strategy and will ensure that nurses and midwives are provided with the knowledge, skills and education required for safe, effective digitally-enabled practice. The review is expected to take around a year to complete.
Bringing together digital and quality improvement – how boards can connect the dots and create allies in service transformation This briefing from the Digital Boards programme focuses on the benefits of bringing together digital and quality improvement. Trust leaders reflect on their collective role in leading these changes and how they can make best use of existing improvement capabilities, and set out some key considerations for boards.
Special Report: Integrated Care. Integrated care systems (ICSs) are likely to acquire statutory footing at some point in 2022. Maja Dragovic looks at how big a role digital will play in establishing connected care within ICSs.
Supporting patient engagement with digital health care innovations. Health apps and digital tools have the potential to help alleviate some of the huge pressures the NHS faces from COVID-19, the backlog of care and rising demand. But introducing these tools into health care and supporting people to use them is never a quick fix, and they will not work for everyone. This summary provides a set of lessons for ensuring digital health innovations are applied in optimal ways for the people using them. The findings are based on a large-scale evaluation of digital technologies being implemented in health and social care in East London.
Consultations
Digital transformation in the NHS Terms of Reference A Health and Social Care Committee inquiry on digital transformation in the NHS seeks views on the current use of digital technology and how it needs to change in order to deliver an improvement in services and outcomes for patients. It considers key aspects of NHS digital transformation such as digitalising health and care records for interoperability so that they can be accessed across primary, secondary and social care. Comments by 10 June 2022.
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
BMA Covid review The BMA has undertaken a review into the UK government’s handling of the pandemic and its impact on the NHS, the health of the population, and doctors. These reports conclude that the UK government failed in its duty of care to protect doctors and the wider health care workforce from avoidable harm and suffering in its management of the Covid-19 pandemic.
Workforce disability equality standard 2021 data analysis The workforce disability equality standard: 2021 data analysis report for NHS trusts and foundation trusts provides an opportunity to compare year on year progress into the career and workplace experiences of NHS disabled staff.
Resources published on practitioner exclusions As part of the government’s response to the Paterson Inquiry report, the Practitioner Performance Advice service has published a suite of resource materials to support decision making on exclusions. These will help medical directors and other healthcare leaders make the right decisions on exclusions, to ensure patients and staff are protected from harm whilst the practitioner concerned is treated fairly and compassionately.
Workforce Disability Equality Standard: 2021 data analysis report for NHS trusts and foundation trusts This report provides a summary of the 2021 national data analysis and presents key findings and recommendations for continued focus and actions by trusts. regions and the national Equality, Diversity and Inclusion team at NHS England and NHS Improvement. It enables a comparison of year-on-year progress into the career and workplace experiences of NHS disabled staff.
Understanding healthcare workers’ confidence in AI This report explores the factors influencing healthcare workers’ confidence in AI-driven technologies. A second report will detail how their confidence can be developed through education and training.
Neurodiversity guidance for employers, managers, staff and students This guidance has been developed for staff and students who are neurodiverse and for the managers and employers who support them. It is intended for the health and care sector but its overarching principles could be helpful in other settings.
Parliamentary and Health Service Ombudsman scrutiny 2020–21 This report looks at the performance of the Parliamentary and Health Service Ombudsman (PHSO) from 2020 to 2021. It notes the 'substantial backlog' of cases that has developed as a result of the Covid-19 pandemic. It welcomes progress in several areas, including the PHSO’s commitment to engaging more with its staff and ensuring diversity in the workforce, contributing to discussions in the international Ombudsman community, and developing a complaints standard for the NHS and government bodies.
Government-to-government agreements on health and social care workforce recruitment Government-to-government agreements between the UK government and partner governments, as referred to in the code of practice for the international recruitment of health and social care personnel.
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.
Health Inequalities
Publications/Guidance
Putting patients first: championing good practice in combatting digital health inequalities This report focuses on digital health inequalities and the impact that digital exclusion is having on health in the UK. It highlights different reasons for disparities in a person’s ability to access and use digital health technology and provides insights into the severity of the UK’s digital inequalities. It looks at four case studies demonstrating unique ways to combat digital health inequalities and improve access, and use of digital health technology for patients.
Tackling mental health disparities: ten evidence-based actions that government could take in the forthcoming white paper Mental health inequalities mean that while it is true that anyone can experience mental ill health, the risks are much higher for certain groups who experience structural discrimination and disadvantage. This briefing shares 10 evidence-based actions that the government could take in the forthcoming disparities White Paper.
If you wish to discuss any queries you may have around health inequalities please contact Claire Bentley.
Information Sharing/Data
Publications/Guidance
Memorandum of Understanding Care Quality Commission and NHS Resolution. A signed memorandum of understanding between NHS Resolution and Care Quality Commission sets out how the two bodies will work together to share information. It will support the joint aims of: improving safety cultures in the NHS and highlighting good practice; making more effective use of data to improve patient care deliver; considering the impact of innovation and new technology on healthcare; and promoting equality, diversity and inclusion.
For more information contact James Cassidy or Jane Bennett.
Mental Health
Publications/guidance
A picture of health? Bridging the gap between physical and mental healthcare in adult mental health inpatient settings This report suggests that a physical health care plan should be developed when patients are admitted to a mental health inpatient setting. Other key messages aimed at improving care include calls to: formalise clinical networks/pathways between mental health and physical health care; involve patients and their carers in their physical health care, and use admission as an opportunity to assess and involve patients in their general health, and include mental health and physical health conditions on electronic patient records.
Medical emergencies in eating disorders: guidance on recognition and management This report finds that signs that someone with an eating disorder is dangerously ill are often missed by health care professionals due to lack of guidance and training. The research finds that hospital admissions for eating disorders have increased by 84 per cent in the past five years, reaching a total of 24,268 admissions. Children and young people with eating disorders are the worst affected, with a rise of 90 per cent in the five-year period. This guidance is aimed at frontline staff so that people with eating disorders needing urgent care can be identified and treated earlier.
Tackling mental health disparities: ten evidence-based actions that government could take in the forthcoming white paper Mental health inequalities mean that while it is true that anyone can experience mental ill health, the risks are much higher for certain groups who experience structural discrimination and disadvantage. This briefing shares 10 evidence-based actions that the government could take in the forthcoming disparities White Paper.
Modernising Lasting Powers of Attorney: Government Response. A Ministry of Justice (MoJ) publication sets out the Government's response and intended next steps based on analysis of the responses to the MoJ's consultation on modernising lasting powers of attorney (LPA). The Government intends to improve witnessing, introduce identification checks and create a clearer process for objecting to the registration of an LPA, as well as introducing a digital channel and automation to aid in accessing the service and its sustainability. Creating a modern LPA service to make and register an LPA will require changes to the Mental Capacity Act 2005 and the supporting secondary legislation.
Mental Health Act Reform – Race and Ethnic Inequalities. The government plans to bring forward legislation to reform the Mental Health Act 1983.
Implementing the Mental Capacity (Amendment) Act 2019 This briefing outlines the legal and policy background to the Mental Capacity (Amendment) Act 2019 and provides an overview of the main provisions in the new Act.
Support for children and young people’s mental health (England). House of Commons Library briefing on children and young people’s mental health policy
Cases
MC & Anor v A CCG & Anor [2022] EWCOP 20. Appeal by family against decision to allow the CCG to vaccinate a vulnerable adult against Covid.
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.
Primary Care
Publications/guidance
GP practices reduce health inequalities Research into how GP practices use innovative methods to address local health inequalities.
Digital and online services requirements: guidance for GP practices To help explain what these requirements are and to support the implementation of them guidance has been published for GP practices.
Investment in General Practice in England, 2016/17 to 2020/21. This report details the Government’s investment in General Practice services and the reimbursement for drugs dispensed in General Practices from 2016/17 to 2020/21.
Next steps for integrating primary care: Fuller stocktake report This is the final report of the stocktake undertaken by Dr Claire Fuller on integrated primary care, looking at what is working well, why it’s working well and how the implementation of integrated primary care (incorporating the current four pillars of general practice, community pharmacy, dentistry and optometry) across systems can be accelerated. The report contains a new vision for integrating primary care, improving the access, experience and outcomes for our communities, which centres around three essential offers: streamlining access to care and advice; providing more proactive, personalised care with support from a multidisciplinary team of professionals; and helping people to stay well for longer.
Bevan Brittan Events
Common learning points and current challenges in primary care. Ellen Nicholson, National Safety and Learning Lead for General Practice – NHS Resolution and Dr Anwar Khan, Senior clinical advisor for general practice – NHS Resolution, will look at common learning points and current challenges in primary care from a Nursing and GP perspective and give an update on the CNSGP and ELSGP schemes.
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 five 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.
Providers
Publications/Guidance
Bringing together digital and quality improvement – how boards can connect the dots and create allies in service transformation This briefing from the Digital Boards programme focuses on the benefits of bringing together digital and quality improvement. Trust leaders reflect on their collective role in leading these changes and how they can make best use of existing improvement capabilities, and set out some key considerations for boards.
Provider collaboratives: explaining their role in system working This explainer looks at provider collaboratives in England, the opportunities they provide and the unresolved questions to consider when thinking about their role in the changing health and care landscape.
Guidance on good governance and collaboration This guidance, issued under the NHS provider licence, sets clear expectations of collaboration by NHS trusts and foundation trusts and the governance characteristics that trusts must have in place to support this.
Bevan Brittan Updates
DNACPR Decisions: concerns over a lack of understanding by care providers
If you wish to discuss any queries you may have around providers please contact Vincent Buscemi.
Public Health
Publications/Guidance
Bringing together digital and quality improvement – how boards can connect the dots and create allies in service transformation This briefing from the Digital Boards programme focuses on the benefits of bringing together digital and quality improvement. Trust leaders reflect on their collective role in leading these changes and how they can make best use of existing improvement capabilities, and set out some key considerations for boards.
Provider collaboratives: explaining their role in system working This explainer looks at provider collaboratives in England, the opportunities they provide and the unresolved questions to consider when thinking about their role in the changing health and care landscape.
Guidance on good governance and collaboration This guidance, issued under the NHS provider licence, sets clear expectations of collaboration by NHS trusts and foundation trusts and the governance characteristics that trusts must have in place to support this.
If you wish to discuss any queries you may have around public health please contact Claire Bentley.
Social Care
Publications/Guidance
Impact of adult social care reform This report aims to reveal the regional impact on local authorities as a result of the government’s adult social care reforms, concluding that the costs of these proposals could be significantly underestimated.
ICS engagement with the adult social care sector in decision-making This report explores how measurement and culture might transform engagement from integrated care systems with the adult social care sector.
Adult social care: guidance Information for the adult social care sector.
Increased funding for nursing in care homes Rate paid to care homes for NHS-funded nursing care has risen by 11.5% for 2022 to 2023 with £87 million extra for 2021 to 2022.
Understanding the distinct challenges for nurses in care homes: learning from Covid-19 to support resilience and mental wellbeing This THRIVE research aims to understand Nursing and Midwifery Council registered nurses’ experiences of working in care homes for older people during the Covid-19 pandemic, how this impacted on resilience, mental health and wellbeing, and to collaboratively develop theory-informed approaches for ongoing and future support. The report makes six recommendations to support care home nurses to recover from the pandemic and plan for future major events. Please note that free registration is required to read this report.
National framework for NHS continuing healthcare and NHS-funded nursing care This guidance sets out the principles and processes of the national framework for NHS continuing healthcare and NHS-funded nursing care.
NHS-funded nursing care practice The principles and processes of NHS-funded nursing care.
Discriminatory abuse: a briefing for practitioners Official Publication. A Local Government Association briefing for practitioners, which forms part of a larger piece of work, and series of activities and resources, to gain a better understanding of discriminatory abuse, and how to recognise equality characteristics in case management, and more broadly recognise unconscious bias and discrimination in practice, approaches and strategies within adult safeguarding. The report concludes with some ideas as to how practitioners can improve their confidence when working with discrimination in safeguarding adults work.
Bevan Brittan Updates
CQC Market Oversight Guidance Unlawful. The Administrative Court has recently found that the threshold for notifying local authorities in CQC’s current guidance (issued in February 2021) on the operation of the Market Oversight regime was incorrect and should be quashed. This was in a judicial review challenge brought by Advinia Health Care Limited.
DNACPR Decisions: concerns over a lack of understanding by care providers
High Court Rules Covid Hospital Discharge Policy ‘Unlawful’ – What Next?
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.
General
Publications/Guidance
Cosmetic interventions advertising. Following a public consultation last year, the Committee of Advertising Practice (CAP) and Broadcast Committee of Advertising Practice (BCAP) are introducing new targeting restrictions that prohibit cosmetic interventions advertising from being directed at under-18s. The new targeting restrictions came into effect on 25 May 2022 and essentially require that: Ads for cosmetic interventions must not appear in non-broadcast media directed at under-18s; Ads for cosmetic interventions must not appear in other non-broadcast media where under-18s make up over 25% of the audience; and Broadcast ads for cosmetic interventions must not appear during or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to under-18s. To assist advertisers in understanding how to comply with the new restrictions, the Advertising Guidance on Cosmetic Interventions has been updated to reflect the new rules and clarify the types of treatments and procedures that are likely to fall within the scope of “cosmetic interventions” .
Independent Inquiry into the issues raised by the David Fuller case: Progress update A progress report to the Department of Health and Social Care on the inquiry into the issues raised by the first phase of the inquiry into how David Fuller was able to carry out inappropriate and unlawful actions involving the bodies of women and children in the mortuary of Maidstone and Tunbridge Wells NHS Trust, and why they went unnoticed, explains the background to the investigation originally set up by the Maidstone and Tunbridge Wells NHS Trust, and how it informed the inquiry. It highlights: areas of concern arising from the original investigation and flagged to NHS England and NHS Improvement; progress in establishing the independent inquiry, including engagement with families and publication of its terms of reference; and the collection of evidence and next steps, including scoping of phase 2, the final report. A Human Tissue Authority progress report on advice sent to the Secretary of State in December 2021 is also available.
Inquiry into women’s health and well-being in prisons As part of its inquiry into women’s health and wellbeing in prison, the APPG received written evidence and held oral evidence sessions with expert witnesses. Prisons are not healthy environments. They are unable to address the physical and mental health needs of women and in fact exacerbate them. Imprisonment compounds the victimisation of women, the majority of whom have experienced violence or abuse prior to prison. This briefing finds that despite the overwhelming evidence that prisons impact negatively on women’s health and wellbeing, there has been little progress in reducing the number of women sent to prison.
Overseas NHS visitors: implementing the charging regulations Information for NHS bodies who need to make and recover hospital charges from overseas visitors.
NHS finance This document aims to provide a comprehensive guide to how the NHS finance regime works, as well as the wider landscape in which it operates. It covers integrated care, primary care, secondary care as well as commissioning and the role of local authorities and other bodies. It also looks at financial accountability, regulation, governance and capital funding, among other topics.
Support at the end of life: the role of hospice services across the UK Covid-19 created huge disruption to end of life care services, with many thousands more people dying at home than previously. Hospices play a vital role supporting people and their families at the end of life, but little is known about how these services are being delivered and the issues they are grappling with. This analysis, based on a survey carried out by Hospice UK, provides a picture of a sector undergoing rapid change in the face of fast-changing circumstances.
Bevan Brittan Publications
If you would like to sign up for any of our Bevan Brittan publications click here.
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