Health and Care Update - May 2023

Bevan Brittan provides high quality, comprehensive advice to the NHS, independent healthcare sector and local authorities. This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, both in the NHS, independent sector and local authorities which have been published in the last month. 

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Training Events	Independent Health
Acute and emergency care	Information Sharing
Children/young people	Inquests
Clinical Risk/Patient Safety	Mental Health
Covid	Primary Care
Digital Health	Social Care
Employment/HR	General
Health Inequalities

 

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Bevan Brittan Free Training Events 

There is no charge for any of the events listed below

In person

Join us on Wednesday 28 June 2023 at The Royal College of Anaesthetists for this in person conference on Consent To Medical Treatment: The Way Forward. 8 years on from the landmark decision in Montgomery v Lanarkshire Health Board, consent to treatment issues present huge challenges to busy clinicians and feature heavily in clinical negligence claims brought by patients. How can the challenge of achieving informed decision making be met?

Webinars  
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. 

What to do when P won’t engage in a capacity assessment? It is not an uncommon scenario for a person to refuse to engage with an assessment of their capacity. But what is the legal position when this happens and practically, what should professionals do? 8 June 2023 12.30pm.

Medical Emergencies in Challenging Times. Jonathan Jones, Consultant in Emergency Medicine, and Mark Newton, Consultant Paramedic, will provide an overview of the challenges and potential solutions to the safe provision of emergency healthcare supporting patients and providers in the NHS in England. 13 June 2023 12.30pm.

What is the inherent jurisdiction for vulnerable adults and when might it apply? The inherent jurisdiction of the High Court is known as “the great safety net” for vulnerable adults; but when can it be used and what can it do? 14 June 2023 12.30pm.

PSIRF: Engaging and involving patients, families and staff following a patient safety incident. The Patient Safety Incident Response Framework (“PSIRF”) is due to be implemented nationally this autumn. A key aspect of it is engaging and involving patients, families and staff following a patient safety incident. 20 June 2023 12.30pm.

Eating disorders and disordered eating: treating the body and the mind. Cases concerning eating disorders and disordered eating are becoming increasingly prevalent in the Court of Protection and High Court. Join us for this session where we consider some of the tricky practical, clinical and legal issues involved. 22 June 2023. This is an extended session and will run from 12:30 - 14:00. 

Covid and Claims. On 27 June 2023 at 12.30pm Cara Guthrie of 1 Crown Office Row will cover:

• the impact of Covid-19 from a litigator’s perspective;
• the types of Covid-19 claims that may be seen; and
• the implications of Covid-19 for other claims.

Please note that registration for each webinar will close one hour before the webinar starts, so please do ensure you have booked your place in advance to guarantee attendance.  

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Acute and emergency care

Publications/guidance

Public satisfaction with A&E at an all-time low: reflections of an A&E doctor. Public satisfaction with A&E services is at an all-time low, but how are staff feeling? Kelly Ameneshoa, Population Health Fellow at The King's Fund, shares her experiences as an A&E doctor.

GIRFT Summary Emergency Department Indicator Table (SEDIT). The Summary Emergency Department Indicator Table (SEDIT) is an easy-to-use, online depository of emergency medicine data, including novel metrics, that is updated monthly and is available to all NHS colleagues.

Pathway to help increase paediatric forearm fracture manipulation in the ED. A pathway supporting hospital clinicians in treating children who present in the emergency department (ED) with a forearm fracture is on offer from the Getting It Right First Time (GIRFT) programme.

Access to urgent and emergency care: Inquiry. The Public Accounts Committee seeks evidence to inform its inquiry into access to urgent and emergency care. Based on the National Audit Office's investigation into the subject, the Committee will question senior officials at the Department of Health and Social Care and NHS England on the current state of the accessibility of urgent and unplanned services, their main operational constraints and plans to address those challenges. Comments by 23.59 on 21 June 2023.

News

Patient deaths in A&E third higher than before pandemic. The number of patients dying in emergency departments increased by a third last year compared with before the pandemic, an analysis suggests. More than 23,000 patients died in accident and emergency in 2022, compared with 17,502 in 2019. The new figures, released under freedom of information laws, come after patients experienced record waits in A&E last year.

Bevan Brittan Events

Medical Emergencies in Challenging Times. Jonathan Jones, Consultant in Emergency Medicine, and Mark Newton, Consultant Paramedic, will provide an overview of the challenges and potential solutions to the safe provision of emergency healthcare supporting patients and providers in the NHS in England. 13 June 2023 12.30pm.

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 

Government Response to the Final Report of the Independent Inquiry into Child Sexual Abuse. A Home Office Command Paper sets out the Government's response to a report from the Independent Inquiry into Child Sexual Abuse which contains 20 recommendations to the Government and other institutions to ensure children are better protected from sexual abuse. It notes: the launch of a consultation on a commitment to introduce a mandatory reporting duty for those working with children in England to report child sexual abuse; the Government will oversee the delivery of the commitments through the newly established Child Protection Ministerial Group, which will embed scrutiny from victims, survivors, and wider partners; the development of a child sexual abuse redress scheme; and the Government will explore the future of therapeutic support, including possible systemic changes to provision.

Special Educational Needs: Support in England. What type of support should be available for children who might have special educational needs (SEN)?

Keeping children and young people with mental health needs safe: the design of the paediatric ward – interim report. The risks associated with caring for children and young people who exhibit certain high-risk behaviours when staying in a paediatric ward were identified as part of an HSIB national investigation. This report looks at the risk factors associated with the design of paediatric wards in acute hospitals for children and young people with mental health needs.

Community Network survey on waiting times in children and young people's services. Leaders from 65 community provider organisations shared their views on waiting times in children and young people’s services. The findings show that despite the best efforts of community providers there are still concerning waits for children and young people’s services with significant impacts for children and families, and for staff morale.

3rd Report of Session 2022-23: A response to the Children's Social Care Implementation Strategy. A Public Services Committee report responds to the Government's "Stable homes built on love: implementation strategy and consultation" finding that it has the right approach to tackle the issues with children's social care but falls short in delivering the radical reset that is needed. The Strategy lacks the scale, ambition, funding and pace to have any immediate benefit with most children, families and staff involved with children's social care experiencing little benefit from changes made until several years from now. The Committee believes the Government must not waste the opportunity to implement the far-reaching reform required: it must go further, faster, and ensure that all involved see some benefit soon.

If not now, then when? Radical reform for care experienced children and young people. A Children, Young People and Education Committee publication sets out its findings following its inquiry into the urgent changes needed to Wales's care system for children and young people where the number of children looked after in Wales has increased by 22.9% between 2013 and 2022. The Committee is recommending the Welsh Government focus its reforms on radically strengthening the support provided to children and young people who have experienced care and it calls for more legal responsibilities to be placed on the local authorities and other public bodies who act as parents to these young people. In total, the Committee calls for 12 "radical reforms" to drive urgent and much-needed changes to the care system.

Children's Social Care Update. A written statement from the Department for Education provides an update on the recommendations made in the Independent Review of Children's Social Care, published in May 2022, setting out plans to reset children's social care in England so it delivers for all the children and families it supports. It focuses on areas including: a commitment to work with local authorities to recruit more foster carers; improving data sharing between safeguarding partners; and setting up a Child Protection Ministerial Group.

Pregnancy, Mother and Baby Units (MBUs), and Maternal Separation from Children up to the Age of Two in Women's Prisons. A joint Ministry of Justice and HM Prisons and Probation Service framework document sets out the mandatory requirements that address the additional emotional, physical and practical needs of perinatal women and mothers in prison and how prisons support them. The policy is supported by operational guidance, containing best practice advice designed to aid implementation and the development of local policies.

Gone too far: Preventing children in care being moved miles from the people and places that matter to them. Research and analysis conducted by the charity Become, has found that both the number and proportion of children in the care system placed more than 20 miles away from home has increased each year between 2012 and 2021, including cases of children being placed 500 miles away. It also found that children who are moved more than 20 miles away from home are "more likely to have lower wellbeing and to experience emotional difficulties" than children who are placed closer to home. 840 children under the care of English local authorities were placed outside of the country, including 540 in Wales and 270 in Scotland, the study found. The charity is calling for a "national commitment" to stop children being placed miles from their home area when it is not in their best interests.

Consultations

Mandatory reporting of child sexual abuse: call for evidence. A Home Office consultation seeks views on how a legal duty to report child sexual abuse would affect children, organisations, workplaces and volunteers. The Independent Inquiry into Child Sexual Abuse recommended that the Government make it a legal requirement for certain people to report child sexual abuse when: they are told about it by a child or perpetrator; they witness it happening; or they observe recognised indicators of child sexual abuse. Comments by 23.59 on 14 August 2023.

Bevan Brittan Updates

Squaring the Circle: What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children's home in England for children under 16?

Bevan Brittan Events

Eating disorders and disordered eating: treating the body and the mind. Cases concerning eating disorders and disordered eating are becoming increasingly prevalent in the Court of Protection and High Court. Join us for this session where we consider some of the tricky practical, clinical and legal issues involved. 22 June 2023. This is an extended session and will run from 12:30 - 14:00. 

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 

The life and death of Elizabeth Dixon: a catalyst for change. A report on the investigation into the death of Elizabeth Dixon and a series of recommendations in respect of the failures in the care she received from the NHS.

Government response to the investigation into the death of Elizabeth Dixon. Details the government’s response to the recommendations made in the independent report on the investigation into the life and death of Elizabeth Dixon.

Maternity incentive scheme. The national results of NHS Resolution’s Clinical Negligence Scheme for Trusts (CNST) Maternity Incentive Scheme (MIS) have been published. This year, despite the considerable workforce pressures on maternity services during and following the COVID-19 pandemic, the majority of maternity units in England have achieved full compliance of all 10 safety maternity actions to support safety improvements in maternity.

Emilia Watson: Prevention of future deaths report. A prevention of future deaths report has been sent to the Executive Director for Professional Practice at the Nursing and Midwifery Council under the Coroners and Justice Act 2009 following the death of Emilia Watson from complications of uteroplacental insufficiency. In the coroner's opinion action should be take to prevent futures deaths after Ms Watson's death highlighted evidence that there is seemingly no specific regulatory requirement for training or ongoing exposure to areas of practice that midwives may encounter, in particular the unique issues that can arise during home births. The recipient of the report must respond by 14 July 2023.

Keeping children and young people with mental health needs safe: the design of the paediatric ward – interim report. The risks associated with caring for children and young people who exhibit certain high-risk behaviours when staying in a paediatric ward were identified as part of an HSIB national investigation. This report looks at the risk factors associated with the design of paediatric wards in acute hospitals for children and young people with mental health needs.

Saving babies’ lives 2023: a report on progress. This report pulls together data from different sources to present a shared understanding of the burden of pregnancy and baby loss across the UK. Overall, it paints a concerning picture with progress stalling and a risk of going backwards. It finds that, in England, the government’s target to halve the number of stillbirths and neonatal deaths by 2025 compared with 2010 levels is not on track, and there is no current target or ambition for reducing baby deaths in Scotland, Wales or Northern Ireland. It also highlights that despite government commitments to act on the findings of recent reviews of maternity services, this still hasn’t led to the fundamental change needed to save more babies’ lives.

Specialist perinatal mental health care in the UK 2023. This report on specialist perinatal mental health community services in the UK highlights the progress made in all four nations since 2013. However, it finds that access to life-saving mental health care for pregnant women and new mothers remains uneven, with many regions still lacking the necessary resources. Mental health-related deaths during pregnancy or up to six weeks after birth are increasing, emphasising the urgency of addressing this issue.

The Health and Safety Sharp Instruments in Healthcare Regulations 2013. The Post Implementation Review (PIR) for the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 has been completed. The PIR concludes that the Regulations continue to provide important measures to protect healthcare workers in Great Britain from the risk of sharps injuries.

Bevan Brittan Events

Medical Emergencies in Challenging Times. Jonathan Jones, Consultant in Emergency Medicine, and Mark Newton, Consultant Paramedic, will provide an overview of the challenges and potential solutions to the safe provision of emergency healthcare supporting patients and providers in the NHS in England. 13 June 2023 12.30pm.

PSIRF: Engaging and involving patients, families and staff following a patient safety incident. The Patient Safety Incident Response Framework (“PSIRF”) is due to be implemented nationally this autumn. A key aspect of it is engaging and involving patients, families and staff following a patient safety incident. 20 June 2023 12.30pm.

Covid and Claims. On 27 June 2023 at 12.30pm Cara Guthrie of 1 Crown Office Row will cover:

• the impact of Covid-19 from a litigator’s perspective;
• the types of Covid-19 claims that may be seen; and
• the implications of Covid-19 for other claims.

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.

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Covid

Publications/Guidance 

Building a resilient social care system in England: what can be learnt from the first wave of Covid-19? This report, written in collaboration with the Care Policy and Evaluation Centre, analyses the structural and systemic factors that influenced that initial national response to the Covid-19 pandemic. Covid had far-reaching impacts on social care and exacerbated many longstanding issues. This work seeks to highlight progress and identify where action is needed to create a more resilient system.

Bevan Brittan Events

Covid and Claims. On 27 June 2023 at 12.30pm Cara Guthrie of 1 Crown Office Row will cover:

• the impact of Covid-19 from a litigator’s perspective;
• the types of Covid-19 claims that may be seen; and
• the implications of Covid-19 for other claims.

If you wish to discuss any queries you may have around Covid and Claims please contact Daniel Morris.

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Digital Health

Publications/guidance

Offline and isolated: the impact of digital exclusion on access to healthcare for people seeking asylum in England. This report finds that people seeking asylum in England are at risk of missing out on basic health care services because they have limited access to the internet and digital tools. Using a peer research approach, where refugees who have been through the asylum process interviewed people seeking asylum, the report provides a detailed picture of the barriers to online health care services. It highlights several barriers, including the affordability of devices and mobile data, a lack of WiFi in asylum accommodation, and a lack of confidence in using technology and navigating websites in English.

The power of data to transform population health. This report is the result of a recent policy roundtable on how data can be harnessed to transform population health. It finds that the intelligent use of data has the potential to vastly improve health and wellbeing outcomes and that by reducing occurrences of ill health, providing personalised services, reducing inequalities and predicting future needs, digital transformation can help us move from a reactive to a proactive model of care.

Digital working in adult social care: What Good Looks Like for local authorities and care providers. People at the heart of care set out a 10-year vision to reform adult social care, recognising the role of technology in improving the quality and safety of care. As part of the work to achieve ambitions for digital transformation, the Department of Health and Social Care has developed guidance on ‘what good looks like’ for social care technology. The guidance aims to bring the needs of local authorities and care providers into one piece of guidance to develop understanding of what they need to do to work well digitally.

The current status of digital technology and skills in health and care education. An NHS England review of digital technology and skills in undergraduate and pre-registration health and care education recommends: drawing up a digital education strategy to embed technology into health and care education; ensuring technology is available for learners, with "digital specialist" roles to support its application; providing reliable access to the appropriate equipment and connectivity for students and staff; and improving overall digital literacy.

Government Response to the Health and Social Care Committee's Expert Panel: evaluation of Government's commitments made on the digitisation of the NHS: Eighth Special Report of Session 2022-23. A Health and Social Care Committee special report sets out the Government's response to a report from its Expert Panel on the Government's progress against its commitments to digitise the NHS. The independent evaluation concluded that overall, the Government was making "inadequate" progress on vital commitments to digitise the NHS. In its response, the Government said it did not recognise the report's overall rating of inadequate as reflective of progress to date and the plans in place on digital transformation of the NHS and social care. However, it found the report provided helpful insights and learning for improvement on the specific areas to build into programmes.

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

The NHS workforce in England. This briefing covers the NHS workforce in England, including key targets, recruitment and retention issues, workforce planning and Government policy.

Managing violence and aggression and MSDs in the NHS. The report on the inspection programme, which was carried out between 2018 and 2022, assessed the management of risk from V&A and MSDs in NHS trusts and boards.

Independent report on the regulation of advanced practice in nursing and midwifery. Nurses and midwives are increasingly taking on more complex, autonomous and expert roles – commonly referred to as ‘advanced practice’. However, the application of this title and role type varies hugely and this area of practice is not currently regulated in the same way as other professional groups. With expectations and scale of the advanced practice role evolving at pace, the Nursing and Midwifery Council committed to a comprehensive review of advanced nurse practice, commissioning the Nuffield Trust to provide an independent view on the risks and benefits of professionally regulating this area of care.

In train? Progress on mental health nurse education. This report finds that, despite steps towards closing the gap between mental and physical health services, many people still cannot access services and face long waits for treatment. It concludes that addressing workforce challenges in mental health services will be crucial to improving this situation. The report, commissioned and supported by NHS Confederation’s Mental Health Network, takes stock of progress across the country in staffing the single largest profession within the mental health workforce: nurses.

International retention toolkit. This toolkit explores actions employers can take to ensure internationally recruited staff build lasting careers in the NHS. The aim is to support the reduction in turnover of international staff by improving their experience at work. It is designed as a one-stop shop to provide information, resources and best practice examples on what organisations, systems and regions are already doing to create the conditions for all international staff to thrive. It is based on four pillars: creating strong foundations, making new recruits feel welcome, building belonging, and maximising personal and professional growth.

NHS strike action in England. Strikes have been taking place across the NHS in England. This briefing looks at Government pay offers, what unions are asking for and when strikes will happen.

The Health and Safety Sharp Instruments in Healthcare Regulations 2013. The Post Implementation Review (PIR) for the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 has been completed. The PIR concludes that the Regulations continue to provide important measures to protect healthcare workers in Great Britain from the risk of sharps injuries.

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, James Gutteridge or Andrew Uttley

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Health Inequalities 

Publications/Guidance

Unpicking the inequalities in the elective backlogs in England. As part of a new research project that explores how NHS providers and integrated care systems are approaching inclusive recovery, The King's Fund have found that, in 2022, people in the most deprived areas were twice as likely to be waiting more than a year for elective care compared with people in the least deprived areas. This paper explores three big questions health and care leaders should be asking themselves and their teams about inequalities in their elective backlog: how are we measuring inequalities and why, do we know why inequalities exist, and how will we know if things are improving?

NHS entitlements: migrant health guide. Advice and guidance for healthcare practitioners on the health needs of migrant patients.

How we can help

We have a multidisciplinary team advising NHS commissioners and providers on all aspects of tackling health inequalities, ranging from:

• advising on the new legal framework and compliance with the relevant statutory duties, particularly in the context of service reconfiguration;
• addressing workforce inequalities;
• taking action on patient safety to reduce health inequalities;
• the role of the Care Quality Commission in tackling health inequalities; and
• lessons to be learnt from the Covid-19 pandemic.

If you wish to discuss any queries you may have around health inequalities please contact Julia Jones.

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Independent Health 

Publications/guidance

Waiting for NHS hospital care: the role of the independent sector in delivering orthopaedic and ophthalmic care. This analysis looks at the use of independent sector providers in the delivery of NHS-funded ophthalmic (treatment for eye disorders) and orthopaedic care (hip, knee and hand procedures), two areas where the independent sector’s share of care has grown most. The report concludes that greater use of the independent sector, while having an important role to play, will only have a limited impact on the NHS backlog and is no substitute for addressing wider issues such as staff shortages, social care and underfunding.

For more information contact Tim Hodgetts or Julie Charlton  

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Information sharing 

Publications/guidance

NHS England's protection of patient data. Following the transfer of statutory functions from NHS Digital to NHS England, Department of Health and Social Care guidance sets out measures that the Secretary of State expects NHS England to take to protect confidential information when exercising the relevant data functions, as defined by the Health and Social Care Act 2012 s.253(3).

News

London court throws out lawsuit against Google over medical records. The High Court has dismissed a claim against Google brought on behalf 1.6 million people over medical records provided to it by Royal Free London NHS Trust. The Trust transferred patient data to Google's artificial intelligence firm DeepMind Technologies in 2015 in relation to the development of a mobile app designed to analyse medical records and detect acute kidney injuries. In a written ruling, Williams J said the claim should be struck out, with summary judgment for Google.

Bevan Brittan Updates

Data Matters - May 2023 - Bevan Brittan’s Information Law and Privacy Update

For more information contact Jane Bennett. 

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Inquests  

Publications/guidance

Amy Henderson: Prevention of future deaths report. A prevention of future deaths report has been sent to the Priory Group and NHS England under the Coroners and Justice Act 2009 and the Coroners (Investigations) Regulations 2013 following the death of Amy Henderson who committed suicide. The coroner is of the opinion that future deaths could occur unless action is taken and highlights the following concerns: the information that Miss Henderson had practised tying a ligature was divulged by her at Kingston Hospital but not repeated on admission to the Priory Woking; the evidence given at the inquest was that there is no quick method to obtain NHS records on admission to a private hospital, such a request could have been made but the records would have taken over a week to be released, the records were not sought, and an ability to obtain the NHS records quickly would have been of assistance to the Priory clinicians; and the Priory Woking has a policy in relation to the removal of banned and restricted items but there was a lack of clarity and confusion among the clinicians as to who was responsible for ensuring that such items are identified and removed from the patient at admission. The recipients of the report must respond by 16 June 2023.

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

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Mental Health 

Publications/guidance 

Family Consultation Day report on deaths of people with mental ill health, a learning disability or autism. This report highlights how bereaved families can face persistent challenges following the death of their loved one in mental health services. The authors of the report heard from 14 family members who were bereaved by deaths in the care of mental health services or settings for people with learning disabilities and/or autism, and had faced or were going through inquests and investigations. Key concerns raised were around lack of candour, transparency and accountability. Families also highlighted the inadequate levels of communication between families and the bodies responsible for care.

Reforming the Mental Health Act - Approaches to Improve Patient Choice: Research Briefing. A Parliamentary Office of Science and Technology (POST) briefing provides background information on the reform of the Mental Health Act 1983. It outlines: criticisms of the 1983 Act; proposals under the Government's draft Mental Health Bill for the reform of patient choice, and to replace the nearest relative powers under the Act with a nominated person; the Government's pilot of "culturally appropriate advocacy" which aims to better support patients from ethnic minority backgrounds; and the potential removal of learning disabilities and autism as grounds for detention under s.3 of the Act.

Cases

North East London NHS Foundation Trust v Beatrice [2023] EWCOP 17. Judgment concerning capacity to make decisions about nutrition where 'Beatrice' has capacity in all other respects.

Manchester University Hospitals NHS Foundation Trust and JS and Manchester City Council [2023] EWCOP 12. Judgment concerning a 17 year old who had been detained under s2 of the MHA but was deprived of her liberty when that authority lapsed.

Bevan Brittan Events

What to do when P won’t engage in a capacity assessment? It is not an uncommon scenario for a person to refuse to engage with an assessment of their capacity. But what is the legal position when this happens and practically, what should professionals do? 8 June 2023 12.30pm.

Eating disorders and disordered eating: treating the body and the mind. Cases concerning eating disorders and disordered eating are becoming increasingly prevalent in the Court of Protection and High Court. Join us for this session where we consider some of the tricky practical, clinical and legal issues involved. 22 June 2023. This is an extended session and will run from 12:30 - 14:00. 

Bevan Brittan Updates

Section 117 Aftercare: Is your organisation aware of the recent changes to determining health responsibility?

Squaring the Circle: What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children's home in England for children under 16?

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 

Dealing with Complaints in General Practice: Case Scenarios and Advice. The Medical Defence Union has created this collection of case studies detailing in each case the complaint, the advice given and the outcomes, in order to demonstrate the support available to GPs in these extremely challenging situations.

Where does specialist public health sit across the UK? Public health functions are not organised in exactly the same way across the UK and the nations associated with it. There are 4 nations in the UK, 3 Crown Dependencies and 14 UK overseas territories. Public health functions look very different across these 21 administrations. The purpose of this explainer is to provide a quick overview of where functions sit in different nations.

Delivery plan for recovering primary care access: what you need to know. This briefing aims to summarise the key areas relevant to integrated care boards in NHS England's delivery plan for the recovery of primary care access.

Delivery plan for recovering access to primary care. Joint Department of Health and Social Care and NHS England guidance sets out their commitment to tackling the morning rush for appointments at GP surgeries and making it easier and quicker for patients to get the help they need from primary care. It pledges investment in phone technology for GP teams, extra training on prioritisation for staff answering calls, and self-referral for key services including physiotherapy, hearing tests, and podiatry.

If you wish to discuss any issues in primary care then please contact  Joanne Easterbrook or Ben Lambert. 

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Social Care  

Publications/Guidance 

Digital working in adult social care: What Good Looks Like for local authorities and care providers. People at the heart of care set out a 10-year vision to reform adult social care, recognising the role of technology in improving the quality and safety of care. As part of the work to achieve ambitions for digital transformation, the Department of Health and Social Care has developed guidance on ‘what good looks like’ for social care technology. The guidance aims to bring the needs of local authorities and care providers into one piece of guidance to develop understanding of what they need to do to work well digitally.

Time to act: a roadmap to reform care and support in England. This roadmap proposes how care and support could be transformed in England, focusing on ten key areas for change: from improving housing options for those who are older or disabled, tackling social care staffing issues including pay and conditions, to supporting carers and making care more affordable. It suggests what needs to be done in the next two years, what changes are needed in two to five years and longer term over the next ten years to ensure that everyone who needs care and support can access it, whoever they are and wherever they live in England. It also includes examples already happening that are improving care and support for people.

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 continuing healthcare in England. What is NHS Continuing Healthcare, who is eligible for it, how are patients assessed for it, and how can decisions be reviewed?

Realising the potential of virtual wards. Virtual wards are increasingly being used by the NHS to provide care to patients where they live, whether in a care setting or at home. The NHS has been set a target of 40–50 virtual wards per 100,000 people and, more immediately, to scale up capacity ahead of next winter, to above 10,000 beds by this autumn. This report sets out the critical factors needed to enable the NHS to succeed in achieving these targets and to make virtual wards a sustainable model in the longer term, where patient demand and satisfaction are met, as well as better productivity.

Free personal protective equipment scheme. This guidance outlines the details of the extension of the free personal protective equipment scheme, which aims to protect frontline health care staff, the elderly and vulnerable and reduce pressure on the NHS.

Commercial clinical trials in the UK: the Lord O’Shaughnessy review. Final report of the independent review of UK commercial clinical trials, and government response.

More choice to help cut hospital waiting times. Under new plans to help cut waiting lists, a letter issued by the NHS to local areas will require patients to be offered choice when clinically appropriate. Patients will be able to view information for a minimum of five providers where possible, with information about waiting times, distance to travel and quality to help them make their choice. They will then be able to make a choice about where they go for treatment using the NHS App or website, based on their own circumstances.

The Health and Safety Sharp Instruments in Healthcare Regulations 2013. The Post Implementation Review (PIR) for the Health and Safety (Sharp Instruments in Healthcare) Regulations 2013 has been completed. The PIR concludes that the Regulations continue to provide important measures to protect healthcare workers in Great Britain from the risk of sharps injuries.

If you would like to sign up for any of our Bevan Brittan publications click here.

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