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Health and social care update

Legal intelligence for professionals in health and social care

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February 2008

This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.

If you would like to receive this electronic update directly please email Claire Bentley.

claire.bentley@bevanbrittan.com

All links are correct at the date of publication. The following topics are covered in this update:
 

Care Health and Safety
Clinical Management Hospital Infection
Clinical Trials Mental Health
Commercial Healthcare Organ Donation
Commissioning Patient
Complaints Primary Care Trusts
Employment/Human Resourses Prisons
Estates and Facilities Third Sector
Foundation Trusts General
Governance    



Care

Publications/Guidance
Raising the profile of long term conditions care: a compendium of information. This document, launched in December 2007 updates the first compendium of information on long term conditions (LTCs), published in May 2004. It focuses on the outcomes that people with LTCs said that they wanted from services and describes how more effective management of LTCs in a number of local communities is delivering high-quality and personalised care. Finally, it summarises the key systems and levers that are crucial to driving forward further improvements in care for people with LTCs.

CSCI: The state of social care in England 2006-07: this report describes trends in the range, quality and availability of social care services in 2006-07 across public, voluntary and private sectors. It also reports on what is happening to people seeking support who are not eligible for council-arranged care or who fund their own care. There also is a link to background information and context for the report.

News
DH: Government orders review of social care eligibility rules: announces that the Care Services Minister has asked CSCI to undertake a fundamental review of the eligibility criteria, which governs all older and disabled people's right to receive care services, and report back to him with recommendations in the autumn. The review will focus on national definitions of need and their application at a local level by councils.

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Clinical Management

Publications/Guidance
Review of Maternity Services 2007 This report published by the Healthcare Commission on 25 January 2008 summarises the findings from a review of how organisations in the NHS are improving the way in which they deliver maternity services. The Healthcare Commission has ranked one in four NHS maternity services in England as “best performing” in a national review. But the comparative review also found significant variations in the quality of care across the country. The Commission ranked 22% of maternity services as “fair performing” (32 trusts) and 21% as “least well performing” (31 trusts). Some 26% of trusts were “best performing" (38 trusts) and 32% were “better performing” (47 trusts). Further details are available in a briefing note, and the results for each trust are viewable.

NICE commissioning guides - supporting clinical service redesign. NICE has published six new commissioning guides to help the NHS in England commission evidence-based care for patients effectively. The guides cover: bariatric surgical service, endometrial ablation service, hysterectomies, memory assessment, services for the provision of intrauterine devices and the urinary continence service. Each guide is underpinned by clinical guidelines published by NICE, and offers an indicative benchmark of activity to help commissioners determine the level of service needed locally.

Consultations
Guidance on non-emergency patient transport services. The best practice guidance contains an updated reference to that issued on the DH website (originally published 10 September 2007).

Cases
Tameside & Glossop Acute Services NHS Trust v Thompstone (by his mother & litigation friend Heather Bridley): South Yorkshire Health Authority v Corbett (by his mother & litigation friend Catherine Elizabeth Corbett) :United Bristol Healthcare NHS Trust v RH (by his mother & litigation friend LW) : South West London Strategic Health Authority v De Haas (by her father & litigation friend Paul de Haas) [2008] EWCA Civ 5. The Court of Appeal considered the correct approach to the exercise of the power to make a periodical payments order under the Damages Act 1996 s.2(1). If you would like an electronic copy of the Bevan Brittan update looking at the implications of this judgment please click here.

News
New arrangements for clinical audit. The DH has announced details of the new consortium that will run the National Clinical Audit and Patient's Outcomes Programme (NCAPOP). Following a procurement process, the management of the programme has been awarded to a consortium comprised of the Academy of Medical Royal Colleges, the Royal College of Nursing and the Long Term Conditions Alliance which will be known as the Healthcare Quality Improvement Partnership. The programme was previously managed by the Healthcare Commission. The contract to run the NCAPOP will commence on the 1st April 2008, although a transition period started January 2008.

If you wish to discuss any of the items raised in this section please contact Jackie Linehan.

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Clinical Trials

Publications/Guidance
Transforming Health Research: The first two years - National Institute for Health Research progress report 2006-08. The report published by the Department of Health describes the progress made by the National Institute for Health Research on implementing the Government's Best Research for Best Health research strategy.

Integrated Research Application System (IRAS). The IRAS is an online system which is designed to make the process of applying for approval to conduct research in the health sector easier and less bureaucratic. IRAS combines seven review bodies; applications, so researchers only need to enter their study information once. Once the information is entered into IRAS, it will populate the applications relevant to the type of research being undertaken.

If you wish to discuss any of the items raised in this section please contact Deborah Jeremiah.

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Commercial Healthcare

Publications /Guidance
National Audit Office: Making changes in operational PFI projects: this report scrutinises public expenditure on renegotiating PFI contracts. It finds that PFI deals offer sufficient flexibility; however, while value for money of individual changes varies, value for money is not generally being obtained when changes are made. Larger changes are not always competitively tendered, partly owing to the complexity of integrating new work with the operation of existing buildings. The cost of making smaller changes is relatively high, varies widely across projects for similar work and takes longer to process than in non-PFI projects; and almost half of the changes are completed later than the agreed timeframe. In addition the NAO finds that some authorities do not have sufficient contract management resource to manage changes, despite the high value and complexity of some PFI deals. The NAO recommends that authorities utilise the full range of guidance published by HM Treasury and the help provided through its Operational Taskforce, based in Partnerships UK. Authorities should also insist on competition for larger changes that are capable of being tendered and consider carefully the need to pay lifecycle costs, challenge inappropriate costs and share information among locally managed PFI projects to ensure better value for money.

Safer management of controlled drugs: changes to record keeping requirements (for England only). This guidance is intended to inform and support relevant healthcare professionals and organisations in implementing changes to record keeping requirements for controlled drugs. It also informs and supports implementation of the changes required to the format on the Controlled Drugs Register, and the headings/titles of the columns used to capture the mandatory fields of information. It replaces the interim guidance published in October 2007.

Best practice guidance for joint working between the NHS and the pharmaceutical industry. The purpose of this guidance is to encourage NHS organisations and staff to consider joint working as a realistic option for the delivery of high-quality healthcare and to inform and advise NHS staff of their main responsibilities when considering joint working arrangements with the pharmaceutical industry.

Payment by Results guidance 2008/09: the NHS Operating Framework (see above) announced the release of the Payment by Results (PbR) package for 2008/09. This document provides the technical guidance, which together with the national tariff, supports the operation of PbR in 2008/09. This guidance should be used alongside the following documents:

NHS Operating Framework for 2008/09

PbR Code of Conduct (under review and due for re-issue in February 2008)

Who Pays? Establishing the Responsible Commissioner

Secondary Uses Services guidance.



Consultations
Options for the future of payment by results: 2008/09 – 2010/11 - response to consultation. This document summarises responses to The ‘Options for the future of payment by results: 2008/09 – 2010/11’ consultation. That consultation put forward proposals for future developments in PbR including tariff setting, coding and classification, expanding the scope of PbR, and supporting health policies through financial reform. The consultation ran from March to June 2007.

News
The Government has recently announced a £250 million access fund and plans to develop 100 new GP practices in the next three years in the most undoctored areas in England. The first 38 PCTs to benefit have been announced. If you are one of those PCTs or a SHA with a number of the PCTs in your patch click here.

If you wish to discuss any of the items raised in this section please contact David Owens.

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Commissioning

Publications/Guidance
NICE commissioning guides - supporting clinical service redesign. NICE has published six new commissioning guides to help the NHS in England commission evidence-based care for patients effectively. The guides cover: bariatric surgical service, endometrial ablation service, hysterectomies, memory assessment, services for the provision of intrauterine devices and the urinary continence service. Each guide is underpinned by clinical guidelines published by NICE, and offers an indicative benchmark of activity to help commissioners determine the level of service needed locally.

Practice Based Commissioning: GP practice survey. This survey summarises feedback from medical practices on their perception of the support offered by their primary care trusts and on their clinical and financial engagement with practice based commissioning.

DH: Practice based commissioning - budget setting refinements and clarification of health funding flexibilities, incentive schemes and governance: provides details for PCTs and practices for implementing practice-based commissioning, including budget setting refinements, clarification of health funding flexibilities, practice-based commissioning incentive schemes and governance.

Commissioning NHS primary care dental services: meeting the NHS operating framework objectives. This guidance sets out:-

the Government's commitment to maintaining and expanding NHS dental services, and the expectations on the NHS to deliver year-on-year increases in access, as set out in the NHS Operating Framework 2008/9

more detail on what this means for commissioners and providers in developing dental services locally, including managing the 2009 transition


If you wish to discuss any of the items raised in this section please contact David Owens.

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Complaints

Publications/Guidance
The Charity Commission has launched its new procedures for dealing with Complaints and Customer Feedback. The old complaints procedure had been in place since 2003, and the Commission decided to develop the procedure to reflect developments in good practice within public complaint handling, and to offer a more comprehensive and accessible service to customers. 

If you wish to discuss any of the items raised in this section please contact Julie Chappell.

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Employment/Human Resources

Publications/Guidance
Releasing resources to the frontline: the Department of Health’s review of its arm’s length bodies. This report by the National Audit Office indicates that DH is on track to meet most of the key targets identified in a review of its arm’s length bodies. By the end of 2007-8, expenditure will have reduced by £555 million, against the target of £500 million. The number of posts in the sector will have decreased by 27 per cent, compared to the target of 25 per cent. Over the same period, the Department will have spent £61 million on implementing the review, including redundancy costs of £47 million. While year-on-year savings are being released from the arm’s length body sector, the Department expects that full savings, net of final implementation costs, will be realised from 2010 onwards. An executive summary of the report is also available.

Employing Workers from Overseas. This free leaflet published by the HSE on 9 January provides essential guidance for employers, employment agencies and businesses on their health, safety and welfare responsibilities for temporary (including migrant) workers.

NHS Electronic Staff Record. The NLMS project will provide a free national elearning platform, integrated with the Electronic Staff Record (ESR), for delivering national and local elearning training content to NHS employees. NHS organisations will not need to procure individual systems, saving time and resources whilst providing a consistent and integrated approach.

Modernising medical careers - Improvement to junior doctors' access. To support junior doctors applying for specialty training in 2008, trusts are encouraged to expand workplace access to external email providers for the purpose of job searches and receiving email notifications. See letter on improvement to recruitment communications from the MMC programme.

PCT SPDCS contract implementation toolkit. The aim of the toolkit is to support PCT HR Directors and Clinical Directors of salaried primary dental care services in successfully implementing the new contract in an effective, consistent and timely manner. As such, the focus is predominantly on the transactional agenda required over the next three months to transfer all salaried dentists on national terms and conditions to the new contract by 1 April 2008.

Cases
Following the publication of the Advocate General's opinion in Coleman v Attridge Law & Steve Law, it is possible that the current prohibition on discrimination against disabled people may be extended to those associated with disabled people, such as their carers. The wording of the current legislation outlaws discrimination on the "grounds" of disability and Ms Coleman has argued that discrimination for being associated with a disabled person is discrimination on the "grounds" of disability. This question will now be considered by the European Court of Justice (which usually follows the Advocate General's opinion) and will then be remitted to the UK courts. The UK courts will then have to decide if UK legislation can be interpreted in this way. If the Advocate General's opinion is followed, this will result in a major sea change in discrimination law in the UK, as the Advocate General indicated that their decision should apply not only to disability discrimination, but also to other types of discrimination, such as that relating to sexual orientation, age and religious belief. If you would like a copy of our Bevan Brittan alert on this case please email Claire Bentley.

In The Highland Council v TGWU , the Scottish Employment Appeal Tribunal considered how closely the job titles set out in an employee’s equal pay grievance had to match those in their claim to the Employment Tribunal. In order to bring a complaint to an employment tribunal, an employee must set out their grievance in writing and send it to their employer. A fundamental principle underlying equal pay claims is that a woman’s claim needs to identify a male comparator, who she alleges is being paid more for undertaking the same, or equivalent, work. It was held, in this case, that the question of a comparator is so crucial to an equal pay claim, that an employee’s grievance must specify a comparator at least by reference to job or job type and this must match their employment tribunal claim form. A broad complaint of “equal pay” and / or differing comparators in the grievance and tribunal claim form will not suffice. This is likely to increase the administrative burden in hearing equal pay cases and will be an additional hurdle for employees bringing such claims.

R (on the application of Zafra Iqbal Malik) v (1) Waltham Forest NHS Primary Care Trust (2) Secretary of State for Health (2007). The unlawful suspension of a doctor from the medical performers list pursuant to the National Health Service (Performers Lists) Regulations 2004 did not amount to or give rise to a deprivation of a possession so as to engage the European Convention on Human Rights 1950.

Raj Kumar Mattu v University Hospitals Coventry & Warwickshire NHS Trust (2006). When considering what disciplinary sanction to impose upon an employee, the chief executive of the NHS Trust was bound by the findings of fact and fault of a panel appointed in accordance with contractual procedures but was permitted to make his own judgment on the gravity of the findings of "fault".

Consultations
Removing or suspending chairs and non-executives from PCTs and NHS trusts: consultation on introducing powers of suspension. This consultation sets out a single approach to considering whether, and if so how, a chair or non-executive member of a PCT, or a chair or non-executive director of an NHS trust, should be removed from office. The process may involve either seeking resignation or the termination of appointment and also introduces the potential use of a suspension function. Responses to DH by e-mail or in writing by 6 March 2008.

News
A challenge to the legality of Agenda for Change has been launched by Stefan Cross, of Stefan Cross Solicitors, in a test case against primary care trust, Northumbria Care. It is alleged that the basis of the Agenda for Change was, in itself, flawed as it was based on discriminatory principles. The claimants will argue that the new salaries under Agenda for Change do not reflect current knowledge and ability but are based on historic pay discrimination. It will be argued, in defence, that Agenda for Change was agreed with unions, the Department for Health and the NHS and therefore it should not be open to challenge. If the case is successful, then it will have significant ramifications for staff whose pay was affected by Agenda for Change. The case is due to be heard in October.

If you wish to discuss any of the items raised in this section please contact Sarah Michael.

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Estates and Facilities

Publications/Guidance
Health Technical Memorandum 05-03: Part J - Fire engineering in healthcare premises. This document gives guidance and a basic understanding of fire engineering principles for healthcare premises.

Guidance on non-emergency patient transport services. The best practice guidance contains an updated reference to that issued on the DH website (originally published 10 September 2007).


If you wish to discuss any of the items raised in this section please contact Mark Calverley.

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Foundation Trusts

Publications/Guidance
Monitor: NHS foundation trusts - review of six months to 30 September 2007: this report details how the NHS FT sector has performed over the second quarter. The report highlights the action Monitor have taken in response to concerns outlined in previous reports. Eleven FT boards have been required to commission independent advisers to review their self-certification process, with the target to achieve year-on-year reductions in MRSA continuing to provide the most significant challenge to NHS foundation trusts. Financially, however, NHS FTs are delivering good performance.

NHS Foundation Trust Financial Reporting Manual 2007/08: gives guidance to NHS FTs on producing their annual report and accounts. Note that the section relating to private patient income will be updated following the Monitor Board meeting on 30 January 2008, once Monitor decides how to address recent correspondence from Unison and others on the subject.

Consultations
NHS Direct - Foundation Trust zone. NHS Direct is conducting a public consultation on its plans to become an NHS foundation trust and is keen for as many people as possible to take part. The consultation runs until Monday 31 March 2008.

Consultation on amendments to the Compliance Framework. Monitor continues to develop a regulatory framework within which boards of NHS foundation trusts can meet their ongoing financial, clinical quality and service performance obligations. This consultation document sets out Monitor’s proposed amendments to the Compliance Framework to take effect from 1 April 2008. Consultation closes 20 March 2008.

News
On 31 January 2008 Monitor announced that five new NHS FTs will be authorised from 1 February 2008: Birmingham Women’s NHS Foundation Trust; Mid Staffordshire NHS Foundation Trust; Norfolk and Waveney Mental Health NHS Foundation Trust; Tameside Hospital NHS Foundation Trust; and Greater Manchester West Mental Health NHS Foundation Trust. This brings the total number of NHS FTs to 88, of which 20 are mental health NHS FTs.

If you wish to discuss any of the items raised in this section please contact David Owens.

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Governance

Publications/Guidance
Governing the NHS: alternatives to an independent board. There is a case for an NHS constitution but there are pitfalls to avoid when drafting one, according to a King’s Fund report. The report argues that a constitution that sets out lines of accountability, as well as the roles and relationships in today’s more devolved health care system, could help clarify what the NHS is designed to do and how it is governed. It could also place appropriate legal checks on ministerial and departmental decisions. However, the report suggests some other measures that might be considered helpful in securing operational independence and ensure that decisions about the NHS are as free from short-term political pressures as is possible.

If you wish to discuss any of the items raised in this section please contact David Owens.

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Health and Safety

Legislation
A new offence of corporate manslaughter will come into force on April 6, 2008. The Corporate Manslaughter and Corporate Homicide Act 2007 changes the basis on which companies are liable for prosecution for manslaughter. Gross failures in the management of health and safety, causing death, will be liable to prosecution as corporate manslaughter. Copies of a guide to the Corporate Manslaughter and Corporate Homicide Act 2007 are available.


Training
At Bevan Brittan we can help by providing a tailored training session to your Board and senior managers on Corporate Manslaughter, assist with undertaking a high level review of governance arrangements and putting in place solid processes to deal with the unexpected. We are also running a series of training session on how the Corporate Manslaughter legislation will impact on health providers. If you would like more information please contact Duncan Astill.

Publications/Guidance
Violence in the workplace: the experience of doctors in Great Britain. Based on research by the BMA, one in three doctors in Great Britain has been a victim of physical or verbal attack in the past year, but most do not report it. 591 doctors in England, Scotland and Wales responded to a BMA survey between October and November 2007. Findings from the research include:

Half of doctors say that violence in the workplace is a problem

More than half had witnessed violence against other staff, such as nurses and receptionists

   Female doctors are more likely to experience violence in the workplace than males (37% compared to 27%)
   Junior doctors are the most likely to experience violence, followed by GPs
  Almost two thirds of psychiatrists report that violence in their workplace is a problem, compared with a fifth of surgeons
   Most doctors have not received any training in dealing with violent patients
  Only one in ten doctors has access to a secure facility in which to treat violent patients



Health Technical Memorandum 05-03: Part J - Fire engineering in healthcare premises. This document gives guidance and a basic understanding of fire engineering principles for healthcare premises.

The aim of this guide is to explain the asbestos licensing regime and the standards required by applicants. It is intended to help HSE inspectors and the Asbestos Licensing Unit (ALU) ensure that assessments and licence reviews are conducted fairly, consistently and transparently. It will also be a useful guide for potential applicants, or those preparing for assessments.

Consultations
2008 Patient Safety Solutions: consultation. The World Health Organization (WHO) World Alliance for Patient Safety has embarked on the second year of an international programme of safety solutions development through the work of the WHO Collaborating Centre on Patient Safety Solutions. The National Patient Safety Agency (NPSA) is raising awareness of a consultation process which is currently underway. Comments are being sought on one or more of the draft solutions covering the areas of:

Communicating critical test results

Central venous catheter infections

  Prevention of falls
  Preventing pressure ulcers
  Deteriorating patients
The solutions have been developed with involvement from a number of countries including England and Wales. WHO plans to distribute them to all its member states on completion for local adaptation and implementation as appropriate. Consultation ends 29 February 2008.

If you wish to discuss any of the items raised in this section please contact Duncan Astill.

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Hospital Infection


Publications/Guidance

Revised code of practice for the prevention and control of healthcare associated infections. The code of practice will help NHS bodies to plan and implement how they can prevent and control healthcare associated infections. It sets out criteria by which managers of NHS organisations are to ensure that patients are cared for in a clean environment and where the risk of health care associated infections is kept as low as possible. If you are interested in receiving a copy of the Bevan Brittan update on the new revised code click here.

Clean, Safe Care: Reducing infections and saving lives. This document produced by the Department of Health discusses recent initiatives to tackle healthcare-associated infections and improve cleanliness. It also details new areas in which the NHS should consider investing to ensure that patients receive clean and safe treatment. Key points include that it is intended that every hospital trust in England will be able to recruit two infection control nurses, two isolation nurses and an antimicrobial pharmacist with the extra investment, and that NHS Foundation Trust applications will not be supported by the Secretary of State unless trusts are consistently hitting local targets on both MRSA and C. difficile.

Changes to the Mandatory Healthcare Associated Infection Surveillance System for Clostridium Difficile Infection: Professional letter from the Chief Medical Officer. This letter sets out new requirements for the reporting of Clostridium difficile cases by acute trusts from 1 January 2008 and the need for trusts to review data entered onto a web-based system from its introduction by 10 March 2008.

Join the clean your hands campaign. The campaign has already been effective in changing many aspects of hand hygiene behaviour amongst healthcare workers in acute trusts and is now being extended to other NHS organisations.

If you wish to discuss any of the items raised in this section please contact Simon Lindsay.

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Mental Health

Training dates
This year has seen unprecedented change in mental health law affecting service provision, rights of service users and responsibilities of providers across all sectors. Mental health is an area increasingly under the spotlight from politicians, regulators and service user groups.

To help you understand how these changes will affect your service Bevan Brittan has organised a series of seminars, each will be followed by networking and refreshments.

The seminars many of which are free are aimed at Legal Services Managers, clinical and managerial staff involved in service provision in acute and community NHS Trusts, PCTs, Care Home services, statutory regulators, private sector providers and GP consortia. They will take place at our offices during September 07 – February 08. If you would like a copy of the flyer setting out these sessions please email Claire Bentley.

Bevan Brittan Mental Health Team. If you would like to view the Bevan Brittan mental health team click here.

Bevan Brittan Booklets/Updates. We have produced a credit card size booklet that sets out the Mental Capacity Act 2005 key points. If you would like a copy please email Claire Bentley with your name and address and you will receive a copy through the post.

Publications/Guidance
Guidance on determining the best interests of adults who lack the capacity to make a decision (or decisions) for themselves. Professional Practice Board of the British Psychological Society, Theresa Joyce, January 2008

Improving services and support for people with dementia. This report examines the prevalence and costs of dementia, diagnosis and early intervention, access to and quality of support services, and experiences of people with dementia in hospital and care homes. It follows on from a 2007 report by the National Audit Office.

Good practice in learning disability nursing. This good practice guidance is provided in the context of national concern regarding the appropriateness and effectiveness of healthcare provided to people with a learning disability.

Right time, right place: learning from the Children's NSF development initiatives for psychological well-being and mental health. This report, published by the Care Services Improvement Partnership (CSIP), outlines the progress made in innovative practice of 19 projects, which were a joint initiative from the DH and the then DfES. They were funded through the Child and Adolescent Mental Health Grant in 2005, which targeted innovations seeking to address the priorities covered in the CAMHS Standard of the Children’s National Service Framework. It showcases the projects and their evaluations and develops thematic links - drawing out the learning from each project and from those projects working in similar areas.

Bevan Brittan Updates
If you would like a copy of our update entitled "What are the issues facing ambulance crews when conveying incapacitated patients to hospital" click here.

If you wish to discuss any of the items raised in this section please contact Simon Lindsay who leads the specialist Mental Health team at Bevan Brittan.

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Organ Donation

Publications /Guidance

Organs for transplants: a report from the Organ Donation Taskforce. This report from the Organ Donation Taskforce makes recommendations on action to take to increase the number of organs available for transplantation. In addition to the report a supplement has been published, this seeks to:

provide the wider evidence behind the work of the Taskforce

explain the benefits, both qualitative and quantitative, driving each of the recommendations and to explore some of the wider implications.



If you wish to discuss any of the items raised in this section please contact Richard Annandale.

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Patient

Publications/Guidance
Medicines Management: Everybody’s business. This leaflet aims to empower service users and carers to ask relevant questions about medication. It also aims to help health and social care practitioners improve their person-centred approach to medicines management.

A dialogue of equals: the Pacesetters programme community engagement guide. The guide has been written to support NHS organisations participating on the Pacesetters programme to better engage with seldom-heard communities and groups.

If you wish to discuss any of the items raised in this section please contact Duncan Astill.

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Primary Care Trusts


News

The Government has recently announced a £250 million access fund and plans to develop 100 new GP practices in the next three years in the most undoctored areas in England. The first 38 PCTs to benefit have been announced. If you are one of those PCTs or a SHA with a number of the PCTs in your patch click here.

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Prisons

Publications/Guidance
Children of Offenders Review. This is a joint Department for Children, Schools and Families/Ministry of Justice review to consider how to meet the needs of children of prisoners. It supports the Cabinet Office's Think Family initiative.

The Sainsbury Centre for Mental Health has published a report saying that the Government should speed up efforts to ensure women in contact with the criminal justice system are offered viable alternatives to a prison sentence.

Women and the criminal justice system. This publication is a summary report that brings together statistics produced by a range of agencies on the experience of women within the criminal justice system.

Prison policy update - briefing paper. This briefing paper on the Government's prison policy provides an update on the prison building programme announced in December 2007, and outlines the further steps it is taking in the specific areas of drugs, prison work and alternatives to custody.

If you wish to discuss any of the items raised in this section please contact Nadia Persaud.

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Third Sector

Publications/Guidance
The Charity Commission has launched its new procedures for dealing with Complaints and Customer Feedback. The old complaints procedure had been in place since 2003, and the Commission decided to develop the procedure to reflect developments in good practice within public complaint handling, and to offer a more comprehensive and accessible service to customers.

Proposals sought for new centre for third sector research. The OTS, Economic and Social Research Council (ESRC) and The Barrow Cadbury Trust have announced the call for proposals to establish a new independent, multidisciplinary research centre for the third sector.

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General

Publications/Guidance
A report by the Commons Health Select Committee says decisions made by the National Institute for Health and Clinical Excellence are slow, arbitrary and make too little use of expert opinion. The report finds that, although they could be better, procedures are robust and effective.

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For questions on any of the topics mentioned above, please contact Claire Bentley or the practice area specialist.

Simon Lindsay
Partner
simon.lindsay@bevanbrittan.com
David Owens
Partner
david.owens@bevanbrittan.com
       
Deborah Jeremiah
Senior Associate
deborah.jeremiah@bevanbrittan.com
Jackie Linehan
Senior Associate
jackie.linehan@bevanbrittan.com
       
Nadia Persaud
Senior Associate
nadia.persaud@bevanbrittan.com
Duncan Astill
Associate
duncan.astill@bevanbrittan.com
       
Julie Chappell
Associate
julie.chappell@bevanbrittan.com
Mark Calverley
Partner
mark.calverley@bevanbrittan.com
       
Sarah Michael
Associate
sarah.michael@bevanbrittan.com
Richard Annandale
Partner
richard.annandale@bevanbrittan.com
       
Claire Bentley
Associate
Professional Support Lawyer
claire.bentley@bevanbrittan.com
   
       


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The information provided in this update is intended to give general information about legal topics and is not intended to apply to specific circumstances. The contents of this update should not, therefore, be regarded as constituting legal advice and should not be relied on as such. In relation to any particular problem that a reader may have you are advised to seek specific advice. Bevan Brittan LLP is not responsible for the content of external web sites accessible through this document, nor are the opinions expressed within these web sites those of Bevan Brittan. Bevan Brittan takes the confidentiality of personal data seriously.

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