30/04/2024
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.
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Bevan Brittan Free Training Events
There is no charge for any of the events listed below
London Region Claims Forum. Wednesday 8 May 2024
Digital Health & Care Forum: Building trust in AI and data-driven Health & Care. Wednesday 15 May 2024
Pregnancy, Labour and Post-Partum. Thursday 16 May 2024
Naughty, naughty – breaching orders in the Court of Protection Thursday 6 June 2024
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.
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.
Acute and emergency care
Publications/guidance
Investigation report: nutrition management of acutely unwell patients in acute medical units
The purpose of this investigation was to support improvements in the identification of malnutrition and management of nutritional needs for patients within acute medical units (AMUs). AMUs are the first point of entry for patients referred to hospital as an acute medical emergency by their GP and those requiring admission from the emergency department. The investigation uses, as an example, a real patient safety incident in which a man’s nutritional needs were not met for 19 days' stay in hospital, of which 13 days were in AMU, resulting in him losing up to 26% of his body weight within a six-week period.
News
Why Mondays are the deadliest day to go to A&E
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
Independent review of gender identity services for children and young people: Final report. The report describes what is known about the young people who are seeking NHS support around their gender identity and sets out the recommended clinical approach to care and support they should expect, the interventions that should be available, and how services should be organised across the country. It also makes recommendations on the quality improvement and research infrastructure required to ensure that the evidence base underpinning care is strengthened.
Cass Review and Gender Identity Healthcare. In response to the "Independent review of gender identity services for children and young people", a ministerial statement announces that a new multi-disciplinary team led by the chief medical officer will be convened to examine clinical recommendations of the Cass Review, and consider how they may apply to NHS Scotland. The statement also reiterates the Scottish Government's commitment to make sure services are delivered to the highest standards, including continuing work to develop National Standards for Gender Identity Healthcare. These standards will be published in summer 2024.
Provisions to support gender-questioning children in schools. This briefing provides an overview of the support in place for gender-questioning children in schools and the recent consultation on new guidance from the Department for Education.
Report on Care and Outcomes 2022/23. National Paediatric Diabetes Audit (NPDA). The National Paediatric Diabetes Audit (NPDA) has published a report on care and outcomes 2022/23. It found that the prevalence of children and young people cared for in Paediatric Diabetes Units (PDUs) in England and Wales has increased from 33,251 in 2021/22 to 34,371 in 2022/23, despite a fall in the incidence of new cases. It also found that the percentages of children and young people with Type 1 and Type 2 diabetes receiving all six key annual healthcare checks have increased, but there remains much variability between PDUs (and completion rates for those with Type 2 remain lower than for those with Type 1).
Guidance: Develop and use data analytics tools in children's social care. Joint guidance by the Department for Education and the Department for Science, Innovation and Technology advises local authorities on how to develop, use and improve data analytics tools in children's social care to: analyse large quantities of data; assess and reduce exposure to risk; respond to common challenges; and draw conclusions from the data to support decision-making.
Children in Care in the North of England. A Child of the North All-Party Parliamentary Group report, highlights that children in the North of England are at greater risk of entering care compared to their southern counterparts. It notes deep intersectional inequalities in care, with mixed heritage populations experiencing particularly high levels of both socioeconomic and ethnic inequity in care rates. It goes on to detail a number of recommendations to Government relating to: tackling child poverty as a social determinant; offering support to families involved with Children's Services; sustainable prevention strategies; tackling racism as a structural determinant; filling gaps in support for older children and those leaving care; and strengthening the system, national framework and data strategies.
Not in school: the mental health barriers to school attendance. This report, produced in collaboration with the Children and Young People’s Mental Health Coalition, highlights the need to address the underlying causes of school absence. By increasing the availability of mental health support (both in schools and in the community), improving access to special educational needs and disabilities (SEND) diagnoses and support, and reducing the use of sanctions-based approaches, the government can boost attendance and support children to learn.
News
Free Loaves on Fridays: 100 care experienced children and adults tell their story. Anthology, which includes contributions from renowned poet Lemn Sissay and first-time writers, seeks to 'expose potential of good social work and consequences when children are let down.'
If you wish to discuss any queries you may have around children please contact Deborah Jeremiah.
Clinical Risk / Patient Safety
Publications/Guidance
Clinical negligence fixed costs set for October implementation. The March 2024 minutes of the Civil Procedure Rule Committee have revealed that the rules on fixed recoverable costs for low-value clinical negligence claims are now likely to come into force in October 2024, instead of the planned date of April 2024 announced by the Department of Health and Social Care in September 2023. The sub-committee responsible for the rules still have outstanding issues to resolve "before being in a position to present draft rules and a proposed pre-action protocol for committee consideration".
Lampard Inquiry: terms of reference. The Lampard Inquiry (formerly known as the Essex Mental Health Independent Inquiry) will examine deaths of mental health inpatients in Essex between 2000 and 2023.
Consultation on proposed changes to the Putting Things Right process: AvMA response. Responding to the Welsh Government's consultation on the way concerns and complaints about NHS care are raised, investigated, and responded to, Action Against Medical Accidents (AvMA) states that it is supportive of the aims of the consultation and that the Welsh Redress Scheme has an opportunity to be held up as an exemplary model of redress. The AvMA comments on general issues which it believes that the Welsh Government need to be mindful of to make the Putting Things Right process a success.
Complaints about the NHS in England. Latest decisions on complaints about the NHS in England. These include partly upheld decisions where PHSO found failings in the care and treatment provided by NHS Trusts.
Patient safety professional standards: responding to patient safety incidents. Following consultation, the Royal Pharmaceutical Society has updated its set of professional standards that support pharmacists, pharmacy technicians and pharmacy teams responding to patient safety incidents. The standards provide a framework for reflecting, reporting and recording incidents, sharing learning, taking action and reviewing and evaluating incidents as part of a patient safety culture.
Investigation report: nutrition management of acutely unwell patients in acute medical units
The purpose of this investigation was to support improvements in the identification of malnutrition and management of nutritional needs for patients within acute medical units (AMUs). AMUs are the first point of entry for patients referred to hospital as an acute medical emergency by their GP and those requiring admission from the emergency department. The investigation uses, as an example, a real patient safety incident in which a man’s nutritional needs were not met for 19 days' stay in hospital, of which 13 days were in AMU, resulting in him losing up to 26% of his body weight within a six-week period.
The King’s Fund submission to the Health and Social Care Committee inquiry on NHS leadership, performance and patient safety. This submission focuses on: how leadership intersects with the NHS’s productivity challenge; the evidence for associations between leadership and productivity; and what national leaders and politicians should do with this insight.
Duty of candour review. This call for evidence forms part of a review by the Department of Health and Social Care to consider the operation (including compliance and enforcement) of the statutory duty of candour (‘the duty’) for health and social care providers in England. The call for evidence will be particularly relevant to those who are, or have been, engaged in the duty: patients and service users; families and caregivers; registered providers; health and care professionals; registered managers (known as ‘registered persons’); and health and social care regulators. This call for evidence closes at 11:59pm on 29 May 2024.
Bevan Brittan Events
London Region Claims Forum. Wednesday 8 May 2024
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
Artificial intelligence: A reading list. This briefing provides a selection of reading on artificial intelligence, including UK Government policy.
Medical technology strategy: one year on. Achievements made since the launch of the medtech strategy and the next steps to boost the adoption of medical technology in the NHS.
Medical technology innovation classification framework. Outlines the aim, scope and definitions of the medical technology innovation classification framework.
Impact of AI on the regulation of medical products: Implementing the AI White Paper principles. Following a request for an initial set of regulators to publish an update by 30 April 2024, outlining their strategic approach to artificial intelligence (AI) and the steps they are taking in line with the expectations in the AI Regulation White Paper, a Medicines and Healthcare products Regulatory Agency (MHRA) publication provides on update on the MHRA's use of AI as a regulator of AI products, as a public service organisation delivering time-critical decisions and as an organisation making evidence-based decisions that impact public safety.
i.AI and NHS England sign Collaboration Charter to support the use of AI in the NHS. The Incubator for Artificial Intelligence (i.AI) and NHS England (NHSE) have signed a Collaboration Charter to support the use of AI in the NHS.
Which technologies offer the biggest opportunities to save time in the NHS? This long read looks at clinician views on which technologies offer the biggest opportunities to support staff capacity and release time. It sets out challenges and priorities for realising this vision, including actions for key stakeholders such as policy-makers (the Department of Health and Social Care, NHS England and arm’s length bodies, and their equivalents in the devolved administrations), providers and industry. Given that the change enabled by technology depends on the staff who use it, the long read argues that centring clinical perspectives and insights is crucial to achieving the coalition and leadership for change required to transform NHS care now and in the future.
Getting the best out of the new world of remote and digital general practice. The Remote by Default research collaboration, conducted by a team of academics and funded by the National Institute for Health and Care Research, asks whether remote consultations should really be the default option. This briefing investigates when remote consultations are safe and what they mean for different patient groups trying to get treatment, as well as for doctors and their colleagues. It summarises key findings, and actions required from government and the NHS.News.
Patients’ group survey shows approval of NHS app. A report from the Patient Coalition for AI, Data and Digital Tech in Health, a branch within the Patients Association charity, presents findings about the public and patient experience of the NHS app.
Medical technology innovation classification framework. This report outlines the development of the medical technology innovation classification framework to help establish a common language for discussing innovation in the medical technology sector.
Medical technology strategy: one year on. A policy report sharing the government's plans and achievements since the medical technology strategy was published last year.
£1.5 million investment to improve in-work health services as part of government drive to tackle inactivity. The government has launched an investment of £1.5 million into five organisations through The Innovate UK's Small Business Research Initiative (SBRI), to help boost occupational health services using new technology and artificial intelligence.
Maternal health inequities persist. Can digital tools be part of the solution? This article reports on a U.S survey that aimed to understand how digital tools can be helpful, and how maternal health–focused organisations are using technology and digital tools to reduce health care disparities during pregnancy. It finds that while digital tools can empower the maternal health ecosystem, there is a need for better cultural tailoring and increased ease of use.
Bevan Brittan Events
Digital Health & Care Forum: Building trust in AI and data-driven Health & Care. Wednesday 15 May 2024
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
When a doctor leaves: tackling the cost of attrition in the UK’s health services. This report sets out the reasons why retaining doctors needs to be an urgent priority for UK governments, health services and employers. Drawing on new analysis, the report sets out the high cost of medical attrition in the UK’s health services and provides a series of recommendations to better retain the workforce.
Identifying groups of migrating doctors research. The GMC commissioned independent research into the reasons why doctors may be considering, or have already made, a move abroad. The report also makes recommendations for interventions that may persuade more of them to stay.
Submission to the Review Body on Doctors’ and Dentists’ Remuneration: evidence for the 2024/25 pay round. This is NHS England’s submission to the Doctors’ and Dentists’ Review Body (DDRB). The evidence covers NHS England's key responsibilities for supporting the education and training of medical and dental staff, and using the total NHS employment offer to help attract, recruit, retain and motivate staff employed by the NHS. NHS England covers each of the doctor and dentist groups within the remit of the DDRB: consultants, GPs, the dental workforce, specialty and specialist (SAS) grade doctors, and doctors and dentists in postgraduate training.
The future for health after Brexit. The Health and International Relations Monitor project, supported by the Health Foundation, tracks issues that are important for the delivery of health and care in the UK to understand how the changing relationship with Europe is changing the picture for the NHS and health more generally, and what the prospects are for the future. This latest report shows that global medicine shortages are being felt particularly acutely in the UK, and the country's reliance on migration as a source of health and social care staff is intensifying.
Fit Note Reform: call for evidence. A call for evidence to explore reforming the fit note process to support those with long term health conditions to access timely work and health support.
NHS sets out measures to improve the working lives of doctors. As part of the NHS's long term workforce plan to support and retain staff, a letter from NHS leaders has announced that it will carry out a review of the minimum legal requirements for statutory and mandatory training so that staff can spend less time on administration and inductions and more time caring for patients. The NHS England review, which is due to be completed by August 2024, will determine which staff groups and roles are required to complete each mandatory training module. To reduce the administrative burden on doctors the NHS will also ask trusts to adopt a national training framework and an eLearning online training portal which will ensure mandatory training is completed and reported consistently. New payroll governance will also be put in place at each trust by the end of July 2024.
Assessing the well-led key question for NHS trusts. This guidance outlines how the Care Quality Commission will assess the well-led key question to support NHS trusts to understand what good leadership looks like.
Building a mental health workforce for the future. Drawing from a roundtable on the mental health workforce, co-hosted by the Centre for Mental Health, Mind and the NHS Confederation’s Mental Health Network, this briefing highlights the challenges facing the NHS as it seeks to implement its Long Term Workforce Plan. By bringing together people from across the health and care system, representing different professions and organisations, as well as lived experience, the report looks at how transforming the workforce can be achieved in practice.
Transformed by AI: how generative artificial intelligence could affect work in the UK – and how to manage it
This report offers an analysis of the impact of generative artificial intelligence (AI) on the UK labour market. It examines the role of government policy in the future of AI and discusses the potential impact on wage inequality, wealth inequality, and potential job displacement.
News
End of NHS consultant strike action as government offer accepted. Consultant unions have voted overwhelmingly in favour of the government’s offer, with BMA and HCSA voting yes by around 83%.
Damages awarded to social worker suspended for gender beliefs. In what lawyers called an unprecedented move by an employment tribunal (ET) against a regulator, a social worker suspended for her gender-critical views has been awarded exemplary damages of £58,000 from Westminster City Council and Social Work England (SWE). Rachel Mede had sued them for harassment and sex discrimination after being suspended over her belief that a person cannot change their sex. The ET concluding that SWE's actions were a "serious abuse of its power as a regulatory body" called on it and the Council to train their employees in the principles of free speech and protected belief.
Bevan Brittan Updates
Sexual Safety in Healthcare. How big is the sexual safety issue in health and care and what steps can be taken via the Sexual Safety Charter to life to address these issues?
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.
Finance
Publications/guidance
Commissioning to reduce health inequalities: the role of finance. This briefing explores how NHS finance staff can contribute to commissioning approaches that help reduce health inequalities. It sets out the direction of travel, explains the importance of population health management, and looks at the skills and expertise that finance staff can bring to this space.
Managing research finance in the NHS. This guidance sets out good practice and other information to support NHS organisations in England to maintain or develop their research finance management policies and processes.
If you wish to discuss any queries you may have around finance issues please contact Claire Bentley
Health Inequalities
Publications/Guidance
What is happening to life expectancy in England? This long read examines trends in life expectancy at birth up to 2022, the impact of Covid-19 on life expectancy, gender differences and inequalities in life expectancy, causes of the changing trends since 2011, and how life expectancy in the UK compares with other countries.
Excellence through equality: anti-racism as a quality improvement tool. This new report from the NHS Confederation’s BME Leadership Network collates examples of initiatives from network members who are helping to advance equality for NHS staff and patients, recognising anti-racist work as an integral improvement tool aimed at reducing racial inequalities.
Health inequalities in 2040: current and projected patterns of illness by deprivation in England. This report focuses on inequalities in major illness in England, notably among working-age people. It reveals that growing ill-health will continue to significantly impact people's lives and the economy. On current trends, 3.7 million working-age adults will be living with major illness by 2040 - up from 3 million in 2019. It warns that 80% (540,000) of this increase will be in the more deprived 50% of areas, further entrenching health inequalities and having considerable implications for local and regional economies.
Illustrating the relationship between poverty and NHS services. Currently it is estimated that more than 1 in 5 people in the UK are living in poverty. Living in poverty has a profound impact on people’s health and how they use NHS services. This long read looks at the links between poverty and each of the following: prevalence of ill health; difficulties accessing health care; late or delayed treatment (and higher NHS costs); and poorer health outcomes. This work was commissioned and funded by the Joseph Rowntree Foundation.
Commissioning to reduce health inequalities: the role of finance. This briefing explores how NHS finance staff can contribute to commissioning approaches that help reduce health inequalities. It sets out the direction of travel, explains the importance of population health management, and looks at the skills and expertise that finance staff can bring to this space.
How to embed action on health inequalities into integrated care systems. This toolkit is a practical guide for system leaders that will help to inform future spending on health inequalities and support implementation of high-impact changes within integrated care boards to address health inequalities. It aims to build system leaders’ confidence in their ability to tackle inequalities in their organisations and is accompanied by a research report that looks at the approaches systems took to spending health inequalities money.
Maternal health inequities persist. Can digital tools be part of the solution? This article reports on a U.S survey that aimed to understand how digital tools can be helpful, and how maternal health–focused organisations are using technology and digital tools to reduce health care disparities during pregnancy. It finds that while digital tools can empower the maternal health ecosystem, there is a need for better cultural tailoring and increased ease of use.
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.
Housing
Publications and guidance
'Always at the bottom of the pile': the Homeless and Inclusion Health Barometer 2024. This report, the first of its kind from the homelessness charities Pathway and Crisis, reveals how the national crisis facing England's health and housing systems leads to worsening health for people in inclusion health groups. Drawing on 85 pieces of published literature from the past two years, and a survey of frontline medical and health care professionals, the findings reveal how those who are most excluded in our society struggle to access health services due to inflexibility, discrimination and stigma.
For more information contact Julia Jones.
Independent Health
Publications/Guidance
Code on Genetic Testing and Insurance: call for evidence. The results suggest that while the Code on Genetic Testing and Insurance remains fit for purpose, future amendments may be needed to reflect gradual changes in the genomics landscape. We will continue to explore the need for potential future amendments through stakeholder workshops, to be held later this year.
For more information contact Tim Hodgetts or Julie Charlton.
Information sharing/data
Information Commissioner: Persistent sensitive information breaches failing people living with HIV. A statement from the Information Commissioner condemns data protection standards at health services for people living with HIV, and calls for urgent improvements. It follows several data breaches, as well as concerns raised by HIV organisations. The Information Commissioner's Office is seeking better staff training, appropriate technical procedures, and prompt reporting from HIV services.
Guidance: Develop and use data analytics tools in children's social care. Joint guidance by the Department for Education and the Department for Science, Innovation and Technology advises local authorities on how to develop, use and improve data analytics tools in children's social care to: analyse large quantities of data; assess and reduce exposure to risk; respond to common challenges; and draw conclusions from the data to support decision-making.
Transparency in health and social care. The ICO supports health and social care organisations to ensure that they are being transparent with people about how their personal information is being used. This new guidance provides regulatory certainty on how these organisations should keep people properly informed.
NHS Community Health Services Data Plan 2024/25 to 2026/27. This document sets out how the NHS aims to improve the quality, relevance and timeliness of data to improve patient care and patient experience in community health services.
For more information contact Jane Bennett.
Inquests and Inquiries
Publications/Guidance
Death certification reform and the introduction of medical examiners. Information about changes to the death certification process in England and Wales from 9 September 2024.
Medical examiners and death certification reform: summary of impact. Update on the potential impact of the introduction of medical examiners and death certification reform in England and Wales.
Axel Price: Prevention of future deaths report. A prevention of future deaths report has been sent to the Secretary of State for Health and Social Care following the death by suicide of Axel Price. The eighteen year old, who had been born female but identified as a male from a young age, had been detained under the Mental Health Act 1983 s.2 but discharged following a violent incident in the hospital when he was taken into police custody. He was released from police custody into temporary accommodation provided by adult social care. The coroner expressed concern that the case identified a lack of clear understanding of the risk or accountability between the agencies when a young person transitions from CAMBS services to adult services, and at the lack of national guidance and support in relation to the multi-agency approach that is needed. Responses are due by 10 June 2024.
Bevan Brittan Events
If you wish to discuss any queries you may have around inquests, please contact Amanda Wright- Kluger or Claire Leonard.
Mental Health
Publications/Guidance
Lampard Inquiry: terms of reference. The Lampard Inquiry (formerly known as the Essex Mental Health Independent Inquiry) will examine deaths of mental health inpatients in Essex between 2000 and 2023.
Autism: Overview of policy and services. This briefing provides an overview of policies and services for autistic people in England.
Government response to the Joint Committee on the draft Mental Health Bill. Response to the Joint Committee’s recommendations for the draft Mental Health Bill to reform the Mental Health Act 1983 and deliver a modern mental health service.
Open consultation: Changes to regulations relating to the Care Quality Commission. A Department of Health and Social Care consultation seeks views on proposals to amend regulations relating to the Care Quality Commission (CQC), including: to remove the expiry date of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and replace it with a five-yearly review; and proposed amendments to the CQC regulations relating to: treatment (not first aid) in a sports ground or gymnasium; temporary arrangements to deliver medical care (not first aid) at sporting or cultural events; and introducing a new requirement to notify CQC of the use of restraint, segregation and seclusion in mental health units. Comments by 23.59 on 21 June 2024.
Are UK health systems dementia ready? Comparing dementia policy across the four nations of the UK. This report highlights the growing challenge of diagnosing people with dementia in the UK. By 2040 the number of dementia cases is set to rise to 1.5 million as the population ages. The research, sponsored by Lilly, finds that if there is no progress in improving diagnosis rates then over half a million people with dementia will be undiagnosed by 2040, nearly a quarter of a million more than today. Currently, an estimated 850,000 people have dementia in the UK, with 315,000 people undiagnosed. The report finds that current dementia diagnosis rates across the UK vary significantly. Without a diagnosis, dementia patients are unable to access the care and support they need, and will not be able to benefit from the potential arrival of new treatments.
Culture of care standards for mental health inpatient services. This co-produced guidance sets out the culture of care everyone wants to experience in mental health inpatient settings, including people who use services, families, carers and staff, and supports providers to realise this. The standards apply to all NHS-funded mental health inpatient service types, including those for people with a learning disability and autistic people, as well as specialised mental health inpatient services, such as mother and baby units, secure services, and children and young people’s mental health inpatient services.
Statistical analysis of recorded deaths in custody between 2017 and 2021. This statistical analysis of deaths in custody finds that people in state detention are at a significantly increased risk of death compared with the general population, with the rates of deaths in prisons and Mental Health Act (MHA) detention particularly high. The analysis assesses and presents deaths in custody through the calculation of population rates. The report looks at deaths from all causes, including self-inflicted deaths, which took place in prisons, police custody, immigration detention, and under the MHA between 2017 and 2021.
Cases
King's College Hospital NHS Foundation Trust v South London and Maudsley NHS Foundation Trust & Anor [2024] EWCOP 20. Capacity and best interests decision concerning GF and whether he should have his ulcerated leg amputated.
A, Re (Covert Medication: Residence) [2024] EWCOP 19. Best interests judgment concerning a possible move for A to live with her mother after she was deprived of her liberty and given medication covertly.
Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP 17. Application concerning NR, a 35-year-old woman who is 22 weeks pregnant and may undergo a termination.
MA & AA, Re (Re Section 21A of the Mental Capacity Act 2005) [2023] EWCOP 65. Best interests judgment involving two P's, a married couple now both diagnosed with dementia, and where there are concerns over contact
News
Government confirms scope of Essex mental health inquiry. Department publishes terms of reference for statutory inquiry following deaths of NHS mental health inpatients in Essex.
Bevan Brittan events
Pregnancy, Labour and Post-Partum. Thursday 16 May 2024
Naughty, naughty – breaching orders in the Court of Protection Thursday 6 June 2024
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.
Primary Care
Publications/Guidance
In Focus: Integration of Primary and Community Care Committee report: "Patients at the centre: Integrating primary and community care." A House of Lords Library In Focus articles summarises the conclusions of the Integration of Primary and Community Care Committee with respect to how successfully primary and community care services are being integrated, together with the Government's March 2024 response. It covers obstacles preventing further integration of primary and secondary community care services, outlining recommendations on how to overcome them with respect to: structure and organisation; contracts and funding; data sharing; and workforce and training.
Getting the best out of the new world of remote and digital general practice. The Remote by Default research collaboration, conducted by a team of academics and funded by the National Institute for Health and Care Research, asks whether remote consultations should really be the default option. This briefing investigates when remote consultations are safe and what they mean for different patient groups trying to get treatment, as well as for doctors and their colleagues. It summarises key findings, and actions required from government and the NHS.
If you wish to discuss any issues in primary care then please contact Joanne Easterbrook or Ben Lambert.
Prison Health
Publications/Guidance
Statistical analysis of recorded deaths in custody between 2017 and 2021. This statistical analysis of deaths in custody finds that people in state detention are at a significantly increased risk of death compared with the general population, with the rates of deaths in prisons and Mental Health Act (MHA) detention particularly high. The analysis assesses and presents deaths in custody through the calculation of population rates. The report looks at deaths from all causes, including self-inflicted deaths, which took place in prisons, police custody, immigration detention, and under the MHA between 2017 and 2021.
If you wish to discuss any issues in prison health then please contact Joanne Easterbrook or Julie Charlton
Regulation
Publications/Guidance
Outcome of case review following ruling on interpretation of NHS regulations. After considering whether the judgment in General Dental Council v Williams had implications for the outcomes of previous fitness to practise cases involving "top-up fees" since the National Health Service (General Dental Services Contracts) Regulations 2005 came into force, the General Dental Council has found that no further action is required, as it was established that the outcomes in these cases did not depend on the interpretation of the Regulations which was at issue in the Williams case.
Bevan Brittan Updates
CQC Single Assessment Framework Implementation – an Update.
If you wish to discuss any issues in regulation then please contact Stuart Marchant
Social Care
Publications/Guidance
Modernising Support for Independent Living: The Health and Disability Green Paper. Department for Work and Pensions Command Paper seeks views on the approaches Government should consider around modernising the welfare system for people with disabilities and health conditions. It asks whether there should be fundamental changes, and whether the system delivers the right support to people most in need. It sets out proposals to fundamentally reform the system, including making changes to the eligibility criteria for personal independence payment (PIP), so it is fairer and better targeted, and plans for a move away from a fixed cash benefit system towards tailored support. Comments by 23.59 on 22 July 2024.
Consultations
Duty of candour review. Call for evidence seeking views on the statutory duty of candour for health and social care providers in England. This call for evidence closes at 11:59pm on 29 May 2024
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
NHS Constitution: 10 year review. Consultation seeking views on proposed changes to the NHS Constitution.
Call for input: single-sex spaces guidance. The Minister for Women and Equalities seeks examples of policy or guidance in which public bodies, or organisations that advise public and private organisations, wrongly suggest that people have a legal right to access single-sex spaces and services, such as toilets, changing rooms, and female-only fitness classes, according to their self-identified gender. Comments by 23.59 on 26 June 2024.
Siloed, unsupported and hindered – the reality of innovation in the NHS and social care. Why is it so hard to innovate in the NHS and social care? Pritesh Mistry, Toby Lindsay and Mark Patterson explore the learnings from a series of workshops held in 2023.
If you would like to sign up for any of our Bevan Brittan publications click here.
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