Health and Care Update - February 2024

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. 

If someone forwarded you this email you can sign up for your own free copy here delivered directly to your inbox.  

Training Events	Information Sharing/data
Acute and emergency care	Inquests and Inquiries
Children/young people	Mental Health
Clinical Risk/Patient Safety	Primary Care
Digital Health	Prison Health
Employment/HR	Regulation
Finance	Social Care
Health Inequalities	General
Housing

 

If someone forwarded you this email you can sign up for your own free monthly copy here delivered directly to your inbox.   

Bevan Brittan Free Training Events 

There is no charge for any of the events listed below

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. 

Reflecting on Children’s Social Care 2 years on from the national review. 7 March 12.30pm. Join us for this webinar where Kirtpal Kaur Aujla and Deborah Jeremiah will be joined by Dominic Luscombe, a Delivery Director for IMPOWER Consulting, to reflect on the progression of children’s social care following the Independent Review of Children’s Social Care in May 2022. This will be explored in the context of the Government’s strategy and response to its consultation on children’s social care: “Stable Homes, Built on Love” published in February 2023. In addition we are pleased to welcome an update from the Law Commission as to their work in this area and an outline of the scope of their review of Disabled Children’s Social Care Law.

Artificial Intelligence Driven Healthcare: Risk, Reward and Reality. 12 March 12.30pm. Join us for this webinar with Dan Morris who will discuss the current landscape of Artificial Intelligence driven healthcare. He will consider where and how it is currently being deployed across health systems, how we can capitalise on the benefits of this technology, and the risks and concerns arising from its use.

Safeguarding and Information Sharing in Health. 21 March 12.30pm. Information sharing is essential for effective safeguarding. It is a key factor identified in many serious case reviews, where poor information sharing has resulted in missed opportunities to take action. Join us for this session with Ben Pumphrey, a senior associate at Bevan Brittan specialising in data privacy and information law, Dr Michelle Sharma, a Named GP for Safeguarding Adults and Co-Chair of the National Network of Named GPs for Safeguarding, and Dr Ben Burrows, a Named GP for NHS Bristol, North Somerset and South Gloucester ICB.

Proposed Fixed Recoverable Costs Regime in Lower Damages Clinical Negligence Claims. 26 March 12.30pm. Join us for this webinar with Malcolm Goodwin who will present a guide into the new fixed recoverable costs regime for lower damages clinical negligence claims including a look into the procedures, timetables, costs matrixes and sanctions.

NHS Resolution: Patient safety in primary care remote consultations. 27 Mar 12:30 - 14:00 Dr Rebecca Payne & Prof Trish Greenhalgh will share the findings of their published research on remote encounters in primary care. The purpose is to raise awareness of the research evidence from incidents, claims and complaints which inform the findings and recommendations on patient safety in remote consultations. This will be of interest to all involved in telephone consultations across primary and urgent care but also of relevance to telephone consultations taking place in secondary care.

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.  

Back to top

Acute and emergency care

Publications/guidance

Screening in the Emergency Department.  Guidance from the Royal College of Emergency Medicine.

Accident and Emergency wait times across the UK: 2024. A summary of the cross-UK comparability of Accident and Emergency wait time statistics from January 2013 to September 2023.

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

Back to top

Children and young people

Publications/Guidance

Duties to report child abuse in England. A briefing on reporting child abuse in England, including Government plans to introduce a mandatory reporting duty.

Accessing Care Records and Information Rights. A survey from the Information Commissioner's Office (ICO) invites people with experience of the UK care system to share their experiences both requesting their records and having their personal information handled in the care system. Responses will allow the ICO to produce updated resources for all UK organisations, providing clarity on how they can improve their processes when handling requests for care records and protecting personal information.

Prioritising early childhood to promote the nation’s health, well-being and prosperity. This report highlights wide-ranging evidence of declining health among children under five in the UK and calls on policy-makers to take urgent action to address the situation. It warns government that major health issues like infant mortality, obesity and tooth decay are not only damaging the nation’s youngest citizens and their future, but also its economic prosperity, with the cost of inaction estimated to be at least £16 billion a year. 

Child Safeguarding Practice Review Panel: annual report 2022 to 2023. The Child Safeguarding Practice Review Panel for England has published its 2022/23 annual report. The report analyses data and outlines learning from serious incidents, rapid reviews, local child safeguarding practice reviews, national reviews, thematic analysis and reports. Key themes explored include: supporting critical thinking and professional challenge; impact of racial, ethnic and cultural identity on the lived experience of children; and recognising and responding to the vulnerability of babies. The Panel also provides plans for its future work. NSPCC Learning has summarised the learning from the report in a CASPAR briefing.

Thematic reviews of preparation for adulthood arrangements in local areas. Ofsted and the Care Quality Commission (CQC) have jointly published a new framework and handbook for inspecting arrangements in the local area for children and young people with special educational needs and/or disabilities (SEND). As part of the new area SEND inspection arrangements, Ofsted and CQC will carry out a series of thematic visits each academic year. We will conduct visits to a small number of areas to investigate a particular aspect of the SEND system in depth. In 2023, we investigated alternative provision (AP). Read the ‘Alternative provision in local areas in England: a thematic review’.

Special Educational Needs: support in England. This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).

Child mental health. NSPCC Learning has published a Helplines insight briefing on mental health exploring children and young people’s experiences as in-patients. The briefing includes what young shared with Childline about being sectioned or hospitalised for their mental health. Key themes include: admittance to in-patient care, voluntarily or after being sectioned; involvement in care decisions while in hospital; and the after-effects of having been hospitalised.

Integrated care systems and the health needs of babies, children and young people. This report finds inconsistency in addressing the needs of babies, children and young people in local health plans highlights the need for stronger guidance from national government. It analysed strategies and plans produced by integrated care systems (ICSs), and how well they reflected different aspects of children’s health. It sheds light on the first year of the new ICSs and also acknowledges the work being developed in the challenging context of increased demand and stretched budgets. It finds that few ICSs consider integration with other key services in children’s lives - such as education settings and children’s social care.

Understanding differences in infant mortality rates across local areas. Improvements in infant mortality rates in England have stalled since 2014, but the understanding of what's driving these trends and the part environmental factors might play remains limited. The health of children is determined by more than health care – so understanding the broader determinants of infant mortality is crucial to reducing it. This analysis assesses how local authority characteristics were associated with different rates of infant mortality in England in 2017.

Returning children home from care: learning from case reviews. Returning a child home to their family following a stay in local authority care can be a time of great change for both the child and their family. The learning from case reviews highlights the need for professionals to thoroughly assess risk, protective factors and parental capacity, make clear preparations for the return, and share information with professionals working in other agencies. They also need to provide support for the child and familiy and continue to monitor the child’s safety and wellbeing before, during and after the return. This briefing is based on a sample of case reviews published between 2016 and 2023 which have highlighted lessons for returning children home from care.

Online safety. The UK Safer Internet Centre has updated its checklist on privacy and safety for young people on Instagram. Key areas covered in the checklist include: account privacy; managing comments and messages; blocking users; reporting content; addressing inappropriate comments; and account deletion. 

Extra-familial harms. Research in Practice has published video learning resources which look at professional innovation in response to extrafamilial risks and harms. These are harms that young people may encounter and experience beyond the family home (including online). The videos cover: what helps innovation in children’s social care; adopting trauma informed practice to support young people experiencing extra-familial harm; developing contextual safeguarding as a local system; and reflective structures that enhance local innovation.

Child sexual abuse. NSPCC Learning has published the first episode of a five-part podcast series exploring the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse (IICSA). The episode discusses: why IICSA was set up; how the NSPCC contributed to the Inquiry; and how the Inquiry engaged with people who experienced child sexual abuse. The second episode looks at data and will be be available on 28 February 2024. 

Sexuality and gender identity. NSPCC Learning has published a Helplines insight briefing on challenges facing children and young people in relation to their sexual and gender identity. The briefing uses insight from Childline counselling sessions and NSPCC Helpline contacts in 2022/23 about sexuality and gender identity. Key findings from 3,397 Childline counselling sessions and 46 contacts from adults to the Helpline include: some children felt dismissed by adults in their lives; some young people faced a range of pressures to change or suppress who they are; some children felt pressured to conform to gender stereotypes; and some children described instances of emotional abuse in the family home.

Children who have additional needs and disabilities. NSPCC Learning has published a new page collating its resources and guidance for professionals working with children and young people who have additional needs and disabilities. This includes information on: safeguarding d/Deaf children and children who are disabled; and supporting young people who have a learning disability.  

CSA: Trends in official data. The Centre of Expertise on CSA (we have used acronyms to avoid this email being caught in email filters) has published its latest research report, CSA in 2022/23: Trends in official data. The report highlights that child protection plans for CSA are at their lowest level for 14 years, and details significant regional variation among councils and police services.

Prohibiting conversion therapy: Research Briefing. A House of Commons Library briefing on the Government's commitment and proposals to prohibit conversion therapy. The briefing: explains what conversion therapy is; the Government's policy, including statements that it would publish a draft Bill to ban the practice; the following private members' bills: Conversion Practices (Prohibition) Bill 2023-24 and Conversion Therapy Prohibition (Sexual Orientation and Gender Identity) Bill; the policies of devolved administrations and; stakeholders' views.

News

Tougher laws to protect children from sexual abuse. Children will be better protected from sexual predators under plans being brought forward by the Home Secretary.

‘Toxic’ online culture fuelling rise in sexual assaults on children by other children, police warn 

‘We’re not bad mums’: inside the rehab centre giving women a chance to keep their children

Child mental health. The Royal College of Psychiatrists has published a news story on mental health support for children and young people in England. An analysis of data from NHS Digital finds that over the past four years, psychiatrists and their teams have seen a 53% increase in the number of children in mental health crisis, who need emergency support. 

How social workers can help kinship carers manage impact of tougher benefit rules.

Bevan Brittan Events

Reflecting on Children’s Social Care 2 years on from the national review. 7 March 12.30pm. Join us for this webinar where Kirtpal Kaur Aujla and Deborah Jeremiah will be joined by Dominic Luscombe, a Delivery Director for IMPOWER Consulting, to reflect on the progression of children’s social care following the Independent Review of Children’s Social Care in May 2022. This will be explored in the context of the Government’s strategy and response to its consultation on children’s social care: “Stable Homes, Built on Love” published in February 2023. In addition we are pleased to welcome an update from the Law Commission as to their work in this area and an outline of the scope of their review of Disabled Children’s Social Care Law. 

If you wish to discuss any queries you may have around children please contact Deborah Jeremiah. 

Back to top 

Clinical Risk / Patient Safety

Publications/Guidance 

Suspected sepsis: recognition, diagnosis and early management. NICE recommends better targeting of antibiotics for suspected sepsis to ensure the right people receive treatment. This guideline covers the recognition, diagnosis and early management of suspected sepsis. It includes recommendations on recognition and early assessment, initial treatment, escalating care, finding and controlling the source of infection, early monitoring, information and support, and training and education.

Implementation of first phase of Martha's Rule. A letter from NHS National Director of Patient Safety announces the rollout of "Martha's Rule" in hospitals across England from April 2024, enabling patients and families to seek an urgent review if their condition deteriorates. Martha's rule has been introduced following the death of Martha Mills from sepsis at King's College Hospital in 2021, due to a failure to escalate her to intensive care and after her family's concerns about her deteriorating condition were not responded to promptly. The patient safety initiative is set to be rolled out to at least 100 NHS sites and aims to give patients and their families round-the-clock access to a rapid review from an independent critical care team if they are worried about their or a loved one's condition. This national programme will build on NHS England's Worry and Concern pilots launched at seven trusts in 2023, which developed and tested escalation methods for patients' and families' concerns.

Baby loss certificate launched to recognise parents' grief.

National learning report: Positive patient identification. A Health Services Safety Investigations Body report makes recommendations to national healthcare bodies to reduce the risk of patient misidentification. It recommends: that NHS England assesses the priority, feasibility and impact of future research to quantify and qualify the risk of patient misidentification; the Care Quality Commission develops its methodology for assessment of integrated care systems and organisations to include arrangements for the positive identification of patients at transfer between healthcare organisations; and that NHS England reviews and identifies system-wide requirements for scanning in positive patient identification.

The Hughes Report: Options for redress for those harmed by valproate and pelvic mesh. A Patient Safety Commissioner report recommends 10 redress options for those who have been harmed by pelvic mesh and sodium valproate. The recommendations include the need for the Government to provide comprehensive non-financial redress to those harmed and the creation of a two-stage financial redress scheme formed of an interim scheme and a main scheme. .

Update on the Government response to the Infected Blood Inquiry. A written statement from the Cabinet Office announces the appointment of Professor Sir Jonathan Montgomery as chair of an expert group to advise the Cabinet Office on detailed technical considerations of responding to the Infected Blood Inquiry's recommendations on compensation. 

Maternity survey 2023. The Care Quality Commission has published the results from a survey on maternity experiences in England. Findings from a sample of more than 25,500 women and people who used NHS maternity services in 2023 indicate some aspects of care have improved in the past year, but many maternity care experiences are still less positive than they were five years ago. The results showed that mental health support has improved, but people with a long-term mental health condition reported lower levels of confidence and trust in staff providing antenatal care.

Consultations

Never event framework consultation. An NHS England consultation seeks views on whether the existing Never Events Framework remains an effective mechanism to drive patient safety improvement, following the findings of the Care Quality Commission and the Health Services Safety Investigations Body that highlighted that the barriers for several types and sub-types of Never Events are not strong enough to make an incident wholly preventable, as well as the findings of further focus groups held by the National Patient Safety Team throughout 2021/22. Comments by 5 May 2024.

Personal Injury Discount Rate: Exploring the option of a dual/multiple rate. The call for evidence closed on 11 April 2023 and a response document has now been prepared and published. The response document summarises the submissions received from stakeholders but does not include any specific policy proposals or commitments. The submissions, analysis and evidence will now be provided to the statutory PIDR Expert Panel for their consideration ahead of the next PIDR review to be completed in 2024.

News 

The Times Health Commission’s 10 recommendations to save the NHS

Bevan Brittan Events

Proposed Fixed Recoverable Costs Regime in Lower Damages Clinical Negligence Claims. 26 March 12.30pm. Join us for this webinar with Malcolm Goodwin who will present a guide into the new fixed recoverable costs regime for lower damages clinical negligence claims including a look into the procedures, timetables, costs matrixes and sanctions.

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.

Back to top

Digital Health

Publications/guidance

Inclusive digital health care: what you need to know. This briefing provides a summary and analysis of recent policy on inclusive digital health care. It highlights NHS England’s recent framework on the importance of digital inclusion throughout the NHS, and provides guidance on effective and inclusive health and social care services to help address disparities and discrimination faced by digitally excluded groups. The briefing emphasises the need for strong leadership commitment, geared towards addressing digital inequalities and creating parallel accessible services online and in-person.

Funding for game-changing tech which could destroy cancers and predict disease. Millions invested in eight innovative companies behind lifesaving new medical technology which could destroy liver cancer tumours, detect Alzheimer’s and quickly spot those at risk of stroke.

Inclusive digital health care: what you need to know. This briefing provides a summary and analysis of recent policy on inclusive digital health care.

News

£1 million boost for wireless innovations to improve patient care. NHS England’s Wireless Trials programme is being implemented across seven NHS trusts. The programme involves using wireless technology to help improve patient care, allowing staff more time to spend with their patients.

Bevan Brittan Events

Artificial Intelligence Driven Healthcare: Risk, Reward and Reality. 12 March 12.30pm. Join us for this webinar with Dan Morris who will discuss the current landscape of Artificial Intelligence driven healthcare. He will consider where and how it is currently being deployed across health systems, how we can capitalise on the benefits of this technology, and the risks and concerns arising from its use.

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

Back to top 

Employment/HR  

Publications/guidance

NHS leadership competency framework for board members. The framework outlines six domains, each with various competencies, against which NHS leaders are to be assessed and appraised, with effect from 1 April.  It is also cross-referenced in NHS England’s Fit and Proper Persons Test Framework which was published in August 2023.  NHS England is also asking that these competencies are built in to board member role descriptions and recruitment processes.
This framework is for chairs, chief executives and all board members in NHS systems and providers, as well as serving as a guide for aspiring leaders of the future. It is designed to:

• support the appointment of diverse, skilled and proficient leaders
• support the delivery of high-quality, equitable care and the best outcomes for patients, service users, communities and our workforce
• help organisations to develop and appraise all board members
• support individual board members to self-assess against the six competency domains and identify development needs.

Six simple ways to retain doctors in training in the health service: the ATDC REFORM principles. The Academy Trainee Doctors' Committee (ATDC) represents trainees in postgraduate training. The ATDC's REFORM principles focus on six challenges experienced throughout training and the working environment in the health service, and across the devolved nations. Recognising their importance and taking active steps to address them will, the ATDC believes, improve the recruitment and retention of current and future doctors in training. 

Staff shortages: what’s behind the headlines? Saoirse Mallorie explores the issue of staff shortages in the NHS. What's behind the headline figures, what impact are these staff shortages having, and will the NHS Long Term Workforce Plan help?

Review of midwifery education and training and newly qualified experience: thematic analysis. This report contains a thematic analysis of data collected through a review of midwifery training and newly qualified experience. It was undertaken by the Health and Society Knowledge Exchange (HASKE) in March 2023, and was commissioned by NHS England.

How can we improve access to healthcare careers? Emma Dodsworth and Billy Palmer have analysed the findings of a survey by Universities UK on young people’s interest in health care degrees and in working in the NHS. They find there is still significant interest in these careers, but that many are being put off by perceptions of work-related stress, low pay and poor work/life balance. 

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, Oonagh Sharma, James Gutteridge or Andrew Uttley.

Back to top 

Finance  

Publications/guidance

Using financial incentives to tackle health inequalities. Finance staff have a key role in ensuring that financial incentives are designed effectively and form part of a wider financial strategy to reduce health inequalities. Financial incentives should be considered as one tool of many, not to be used in isolation but as part of a wider change programme. They work best when they are simple, predictable, use a clear evidence base, and are designed to avoid the pitfalls. This briefing summarises the financial incentives that are already built in at a national level, and looks at opportunities for individual systems to use financial incentives at a local level. 

Public health commissioning in the NHS: 2023 to 2024. Information about NHS England’s objectives and funding arrangements as it commissions public health services.

NHS public health functions agreement 2023 to 2024. 
This guidance contains information about NHS England's objectives and funding arrangements as it commissions public health services. The NHS public health functions agreement sets out the arrangements under which the Secretary of State for Health and Social Care delegates responsibility to NHS England for certain public health services. The services currently commissioned in this way are: national immunisation programmes; national population screening programmes; child health information services; public health services for adults and children in secure and detained settings in England; and sexual assault services.

Social care - charging for care and support: local authority circular. This document contains information for local authorities about the social care charging arrangements for 2024 to 2025. It includes details about: capital limits; personal expenses allowance; minimum income guarantee; and Savings Credit.

Back to top

Health Inequalities 

Publications/Guidance

Health hubs: a community-centred prevention initiative to address health inequalities. This briefing explores what health hubs are, how they can improve access to services for groups facing health inequalities, and the role of trust leaders in their development.

Healthy places, prosperous lives. This report finds that there is a stark divide in health and wealth throughout the UK, leaving many 'bad health blackspots' as health inequalities cluster in the same places. Poorer and sicker areas are getting poorer and sicker the most quickly. The UK now has among the largest health inequalities of any advanced economy, with 1 in every 4 people in England and Wales who are economically inactive living in the unhealthiest 50 local authorities.

Prevention in health and social care: healthy places. This report, published by the Health and Social Care Committee, calls on the government to proceed without delay in the steps needed to update the Decent Homes Standard for social housing tenants and set out a timetable for its extension to cover the private rented sector.

Health inequalities in a nutshell. Health inequalities are avoidable, unfair and systematic differences in health between different groups of people. Here we examine the key data on this complex and wide-ranging issue.

Inequalities in cancer: a major public health concern
 

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.

Back to top

Housing 

Publications and guidance

Spotlight on attitudes, respect and rights – relationship of equals. The cost-of-living crisis, increase in mental health difficulties and housing shortages have changed the landscape for landlords to an increasingly challenging and complex environment to navigate. There is a pressing need for landlords to create human-centric policies, adapt to meet the needs of all their residents and ensure the most vulnerable residents are not left behind. For many landlords, their current approach is potentially inadequate for responding effectively to the needs of the population it serves. Central to this report is what it means to be vulnerable in social housing today, but also most importantly, how landlords can respond effectively and how to do so without stigma or marginalisation

Prevention in health and social care: healthy places. This report, published by the Health and Social Care Committee, calls on the government to proceed without delay in the steps needed to update the Decent Homes Standard for social housing tenants and set out a timetable for its extension to cover the private rented sector. 

For more information contact Julia Jones. 

Back to top 

Information sharing/data 

Publications/guidance

 Accessing Care Records and Information Rights. A survey from the Information Commissioner's Office (ICO) invites people with experience of the UK care system to share their experiences both requesting their records and having their personal information handled in the care system. Responses will allow the ICO to produce updated resources for all UK organisations, providing clarity on how they can improve their processes when handling requests for care records and protecting personal information.

Bevan Brittan Events

Safeguarding and Information Sharing in Health. 21 March 12.30pm. Information sharing is essential for effective safeguarding. It is a key factor identified in many serious case reviews, where poor information sharing has resulted in missed opportunities to take action. Join us for this session with Ben Pumphrey, a senior associate at Bevan Brittan specialising in data privacy and information law, Dr Michelle Sharma, a Named GP for Safeguarding Adults and Co-Chair of the National Network of Named GPs for Safeguarding, and Dr Ben Burrows, a Named GP for NHS Bristol, North Somerset and South Gloucester ICB.

For more information contact Jane Bennett. 

Back to top 

Inquests and Inquiries  

Publications/Guidance

Statutory public inquiries: the Inquiries Act 2005. What 'statutory public inquiries' are, how they operate and summary details on the progress of active statutory inquiries

If you wish to discuss any queries you may have around inquests, please contact Amanda Wright- Kluger or Claire Leonard. 

Back to top

Mental Health 

Publications/Guidance

Representation before mental health tribunals - Practice note. An updated Law Society practice note includes detailed advice on: communicating with and taking instructions from clients; duties of confidentiality and disclosure; the representation of children and young people; and good tribunal practice.

Discharge from mental health care: making it safe and patient-centred. This report finds that the safety of mental health patients is being put at risk when they leave inpatient services, leading to a continuous revolving door of care and discharge. The Ombudsman has called on the government to take urgent action, including strengthening and bringing forward reforms to the Mental Health Act.

Pursuing racial justice in mental health: how the voluntary sector can help meet the needs of racialised communities. This report shares insights from people living and working in Bradford District and Craven about how racism causes poor mental health, stops people from accessing services, affects people’s experiences of treatment, and hinders their recovery. The report explores how health and care services across the country can build stronger partnerships with community organisations to design and deliver mental health support that overcomes the harms and barriers caused by racism. 

Child mental health. NSPCC Learning has published a Helplines insight briefing on mental health exploring children and young people’s experiences as in-patients. The briefing includes what young shared with Childline about being sectioned or hospitalised for their mental health. Key themes include: admittance to in-patient care, voluntarily or after being sectioned; involvement in care decisions while in hospital; and the after-effects of having been hospitalised. 

Cases

 X NHS Foundation Trust v RH [2024] EWCOP 150. Application by hospital trust concerning capacity and best interests of RH, who needs treatment for kidney failure but has a form of schizophrenia. 

GUP v EUP & Anor [2024] EWCOP 3. Application concerning medical treatment for EUP, a woman in her eighties who has suffered a series of strokes. 

J v Luton Borough Council & Ors [2024] EWCA Civ 3. Appeal against decision it was not in J's best interests to travel to Afghanistan with his family and involving parallel proceedings in the Court of Protection and the Family Court.

News

Child mental health. The Royal College of Psychiatrists has published a news story on mental health support for children and young people in England. An analysis of data from NHS Digital finds that over the past four years, psychiatrists and their teams have seen a 53% increase in the number of children in mental health crisis, who need emergency support. 

Bevan Brittan Updates

Deprivation of Liberty: “Unsound mind” and mental impairment. This article looks at the case of Stockport Metropolitan Borough Council v KB & Ors, which will be of interest to those who deal with streamlined deprivation of liberty cases in the Court of Protection. 

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 or Hannah Taylor. 

Back to top

Primary Care 

Events

NHS Resolution: Patient safety in primary care remote consultations.  27 Mar 12:30 - 14:00 Dr Rebecca Payne & Prof Trish Greenhalgh will share the findings of their published research on remote encounters in primary care. The purpose is to raise awareness of the research evidence from incidents, claims and complaints which inform the findings and recommendations on patient safety in remote consultations. This will be of interest to all involved in telephone consultations across primary and urgent care but also of relevance to telephone consultations taking place in secondary care. 

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

Back to top

Prison Health

Publications/Guidance 

The long wait: a thematic review of delays in the transfer of mentally unwell prisoners by HM Chief Inspector of Prisons. An HM Chief Inspector of Prisons report scrutinises access to mental health care in prisons and finds that only 15% of mentally unwell prisoners are transferred to secure mental hospitals within the 28 day timeframe. Treatment, assessment and care for such prisoners can only be accessed in hospital under the Mental Health Act 1983. The report finds that in some cases patients are sent to prisons which are defined as a legal "place of safety" when a secure hospital bed is not available in the community. Due to the risk of violence to others or to themselves triggered by their illness, patients are held in solitary confinement in cells overseen by prison officers with little or no mental health training. The report raises concerns that there will be no legislative reform of the 1983 Act in the forthcoming parliamentary session, since the draft Mental Health Bill 2022 was not included in the King's Speech in November 2023, and recommends a commitment to creating an independent and accountable admissions process so that patients can access early care and get the help they need. 

If you wish to discuss any issues in prison health then please contact Joanne Easterbrook or Julie Charlton 

Back to top

Regulation 

Publications/Guidance 

Guidance and regulation. Care Quality Commission (CQC) guidance sets out information for health and social care providers, local authorities and integrated care systems. It covers: registration; regulations, including the fundamental standards; notifications about changes, events and incidents affecting services; assessments of quality of care using a single assessment framework; and breaches of regulations and enforcement. It also sets out a timeline for rolling out the new approach.

Fitness to Practise library. Following engagement with key partners, including members of the public, professionals, and abuse support organisations, Nursing and Midwifery Council (NMC) decision-making guidance for fitness to practise provides clarity on the following important principles: sexual misconduct, domestic abuse, and the neglect or abuse of children or vulnerable adults are behaviours that are likely to impair a professional's fitness to practise; there may be circumstances where the NMC needs to investigate allegations the police have decided not to pursue, for example, where the allegation suggests a potential risk to people receiving care or it is serious enough to damage public confidence in the professions; and decision makers will refer to the Crown Prosecution Service guidance on common myths and stereotypes around rape and sexual offences.

If you wish to discuss any issues in regulation then please contact Stuart Marchant 

Back to top

Social Care  

Publications/Guidance 

 A report into the state of health and social care in Britain today. The Times Health Commission was given the task of suggesting reforms to improve the NHS. Three core principles became clear and underpin this report, backed up by detailed research, case studies and recommendations. The core principles are: the system must be rebalanced away from hospitals and a greater emphasis put on prevention and community care; health is an intricate ecosystem so there is no solution that does not involve reform of social care; and technology has the power to transform health care.

Social care - charging for care and support: local authority circular. This document contains information for local authorities about the social care charging arrangements for 2024 to 2025. It includes details about: capital limits; personal expenses allowance; minimum income guarantee; and Savings Credit.

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.

Back to top

General 

Publications/Guidance

Assisted Dying/ Assisted Suicide: Second Report of Session 2023-24. A Health and Social Care Committee report on assisted dying/assisted suicide (AD/AS) sets out a broad body of evidence as a "significant and useful resource" for future debates. It covers Parliament and the current law, the Government's role in the debate, international examples of jurisdictions where AD/AS is available in some form, the involvement of physicians and assessments of eligibility and capacity to give informed consent, and palliative and end-of-life care. AD/AS is currently being considered in both Jersey and the Isle of Man, and the Committee concludes that the Government should be "actively involved in discussions" on how to approach possible divergence in legislation between jurisdictions. The Committee also concludes that access and provision of palliative and end-of-life services is patchy and recommends the Government ensures universal coverage of such services. 

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

Back to top