Care

Publications/Guidance
End of life care national survey.  As part of a national report, due to be published to Parliament this autumn, the National Audit Office (NAO) is undertaking a census of all PCTs to obtain information on their end of life care services (ROCR-Lite/O7/026). PCT chief executives will receive the web-based survey by email this week. Action: The NAO has asked that they review, authorise and submit their individual results by Friday 28 March.

Cases
Welsh Ministers v Care Standards Tribunal [2008] EWHC 49 (Admin) (Admin Ct): the Ministers appealed against the Tribunal’s refusal to strike out H’s claim in relation to her application for registration as a manager in respect of a care home under the Care Standards Act 2000. H was a registered mental nurse who had applied for registration as a manager in respect of a particular care home. Her application was provisionally refused on the basis that her name was put on the protection of vulnerable adults list while she was on bail as part of an investigation into the death of an elderly lady at the previous care home that she had managed. H claimed that the owner of another care home wished to appoint her as manager but could not do so until H achieved registration. The Ministers submitted that on a proper interpretation of the legislation an application to be registered as a manager must relate to specific premises.
The court held, dismissing the appeal, that just because an appeal would result in a decision confirming the decision of a registration authority did not mean that it must be struck out. Although there might well be cases where there had ceased to be a specific establishment available where a strike out of the appeal was appropriate, in this case the tribunal identified a practical advantage in allowing the appeal to go to a final hearing. It was entitled so to find. Since the overall approach was legitimate, it followed that no error of law was shown and there was no other proper basis of interfering with the decision to refuse to strike out.

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

Children

Publications/Guidance
The DH has launched its Children’s Palliative Care Strategy Better care: better lives on 19 February 2008. It calls on local commissioners, providers and regulators to devise local strategies to enable every child and young person with a life-limiting or life-threatening condition to have access to high-quality, family centred, sustainable care and support with services provided in a setting of choice according to the child's and family's wishes. It sets out clear expectations for improving choice, access and continuity of care, and seeks to place palliative care at the centre of local children's service provision.

The Office for Standards in Education, Children's Services and Skills (OFSTED)'s first report into the Children and Family Court Advisory and Support Service (Cafcass), which examined the East Midlands region, says that dozens of children involved in family court cases are at risk of abuse because of "serious failings". It concluded the operation was inadequate and that child safety was compromised on numerous occasions. During the inspection OFSTED had to intervene in seven separate cases to make sure that children represented by Cafcass advisers were not at immediate risk of violence, neglect or sexual assault. OFSTED also criticised Cafcass reports for being based on opinion, not evidence, for containing errors and poor analysis of facts and said little supervision lead to "complacency and lack of focus".

News
The Care Services Minister Ivan Lewis announced £20m funding to improve palliative care services for children with life-limiting or life-threatening conditions. This money extends the current support for hospice and hospice at home services for children for a further two years, with funding of £10m a year until 2011.

Measures to recruit an extra 4,000 midwives Health Secretary Alan Johnson has announced a package of measures to recruit an extra 4,000 midwives to the NHS over the next three years. The plans include giving former midwives a 'golden hello' worth up to £3,000 to help them return to work after a break in service. This will form part of the Royal College of Midwives' Return to Practice campaign, which aims to reach this recruitment target by 2012. Strategic health authorities are also working on analysis of the midwifery needs nationally, which will help to refine local delivery plans.

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

Clinical Management

Publications/Guidance
NHS stop smoking services service and monitoring guidance. This updated guidance is intended for everyone involved in managing, commissioning or delivering NHS stop smoking services. It has been developed by means of a collaboration with representatives from SHAs, PCTs, the Information Centre and academics from the field of smoking cessation.

How to set and monitor goals for prevalence of child obesity. This guidance follows on from the publication of the Government’s obesity strategy. Healthy weight, healthy lives: a cross-government strategy for England. The guidance provides advice to PCTs and local authorities on how to set and monitor child obesity goals.

Maternity services website. The Healthcare Commission has launched a website that enables pregnant women and their families to see details of the quality of care provided by their local maternity services. The new site allows people to access information on each trust, and see how they scored on three key questions: are practices in place to help ensure a high quality and effective maternity service? are women informed, counselled and supported to ensure they have a positive maternity experience? is there adequate staffing and facilities and are these used effectively? The website also gives trusts' maternity services a score out of five in 25 different areas, including how well each local trust provided recommended antenatal screening, on appropriate use of caesarean sections and on the quality of support they offered parents in caring for the baby after discharge.

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

Clinical Trials

Publications/Guidance
The impact of the NHS Research and Development Strategy on mental health services and research in England: response document. This document is the Government's response to a review of the impact of Best Research for Best Health on mental health research in England.

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

Commercial Healthcare

Publications/Guidance
Commercial Strategy, Framework and Provisions Guidance for PCTs, Annex A - Letter of 25 January 2008 to SHA Directors of Commissioning – local procurements of GP practices: this letter to SHA Directors of Commissioning clarifies the funding arrangements for new GP practices and provides confirmation of additional procurements. The Annex lists the allocations for PCTs for the procurement costs for new practices.

Local procurements of new GP practices and health centres – performance reporting arrangements: this Dear Colleague letter sets out the performance reporting arrangements for the procurement of new GP practices and health centres. It also makes a request for the completion and validation of the first monthly return.

The CBI has published a new healthcare report ISTCs and the NHS: sticking plaster or real reform? that scrutinises the Government's Independent Sector Treatment Centre (ISTC) programme that was introduced in 2003 for routine operations such as knee replacements and cataract treatment. The report shows that the ISTC programme has been an NHS success story so far, with high levels of patient satisfaction and care outcomes. It recommends how ISTCs could achieve much more if patients are properly informed and new centres are effectively commissioned. The report challenges the Government to give the go ahead to further centres, in a decision which will be seen as a test of the Government's commitment to NHS reform.

DH: Best practice guidance for joint working between the NHS and pharmaceutical industry: this guidance supports the Ministerial Industry Strategy Group’s Long-Term Leadership Strategy for medicines (Feb 2007). The guidance: encourages NHS organisations and staff to consider joint working as a realistic option for the delivery of high-quality healthcare; and informs and advises NHS staff of their main responsibilities when entering into consider joint working arrangements with the pharmaceutical industry.

The NHS costing manual 2007/08 sets out the principles and practice of costing to be applied in the NHS. It is not just designed to support the production of the National Schedule of Reference Costs and through this, the national tariff, but should also be used in developing and monitoring service and financial frameworks, as well as developments in and the monitoring and implementation of National Service Frameworks.

The NHS reference costs 2007/08: collection guidance outlines the mandatory requirements for the 2007/08 reference costs collection. Reference costs data is used to inform the national tariff under Payment by Results. It is therefore essential that the reference cost collection is of the highest quality and accuracy. The guidance should be read in conjunction with the latest version of the NHS costing manual (see above). The return is mandatory for all providers of services to the NHS.  It is also mandatory for commissioning of services for NHS patients whose care is provided by non-NHS providers. Information is also required for services provided to NHS patients under a sub-contract from a NHS provider. Hospices and nursing homes are excluded from this requirement.

Audit Commission's report. The right result? Payment by Results 2003-07, published on 14 February 2008, examines the NHS's experience with Payment by Results (PbR) since it was introduced four years ago. It draws on recent experience, looking at how PbR has affected the NHS and in turn how the NHS has responded. In addition, it considers the future direction of PbR and the challenges to the NHS over the period to 2010/11. It finds that that PbR has been embedded across the NHS: most hospitals have improved their financial management and now have a better understanding of how much it costs them to treat patients, while the fear that patient care would suffer because hospitals would be tempted to cut costs at the expense of quality has not materialised. The report concludes that PbR has helped hospitals to be more business-like but has not yet increased NHS efficiency significantly. It sets out a number of priorities for future development of the policy and the implementation issues that need to be addressed at the national level if PbR is to deliver further improvements, including strengthening the quality of information available on how much each patient costs to treat so that it is more accurate, precise and timely.

The DH has published a Code of Conduct for Payment by Results that establishes core principles, ground rules for organisational behaviour and expectations for the operation of the Payment by Results (PbR) system. It also covers guidelines to minimise and resolve disputes. All NHS Bodies operating PbR, including health authorities, NHS trusts and PCTs must comply with this Code after 1 April 2008.

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

Commissioning

Publications/Guidance

Evaluation of one-stop shop models of sexual health provision. In 2001, the Government published the National sexual health and HIV strategy and one of the recommendations was the provision of more comprehensive and integrated sexual health services. One of the commitments in the strategy was to undertake an evaluation of different models of one-stop shops. This report provides findings and information for PCT commissioners and service providers considering an integrated approach as well as those already providing integrated services.

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

Complaints

Publications/Guidance

Making experiences count: the proposed new arrangements for handling health and social care complaints - response to consultation. The proposals for reform of NHS and social care complaints arrangements were consulted on between June and October 2007. This report summarises the responses and how the DH has taken them into account in its response, and sets out the detail on its intentions to implement reform of the health and social care complaints processes. Early-adopter sites will trial a simple two-stage complaints system focused on local resolution and then, if unresolved, an investigation by the Health Services Ombudsman or the Local Government Ombudsman.

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

Data Protection/Information Management

Publications/Guidance
Patient Insight: harnessing the power of public opinion. Launched by Dr Foster Intelligence, Patient Insight provides guidelines to help organisations maximise the value of information from, about and to patients. The report is not meant to be prescriptive and aspires to help different types of organisations identify the data they need and the most useful methods of feedback and review in order to most efficiently and effectively involve their patients.

Safer management of controlled drugs: changes to record keeping requirements. This guidance informs and supports relevant healthcare professionals and organisations on implementing changes to record keeping requirements for controlled drugs, as required by changes made to the Misuse of Drugs Regulations 2001.

In the know: using information to make better decisions - a discussion paper. This paper, published by the Audit Commission, aims to encourage people to think about the information they use whenever they make decisions. It has examples, drawn from many different sources, of how information has been used in improving public services. It also describes how the Audit Commission is reviewing the way that information is generated, presented and used in making decisions.

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

Employment/Human Resources

Legislation
The Immigration, Asylum and Nationality Act 2006 is in force from 29 February 2008. There will be new rules on employing migrant workers, which will apply to employees employed after 29 February 2008. There will be a new civil penalty for those who employ illegal workers of up to £10,000 per worker, and knowingly employing illegal workers will be a criminal offence, punishable by an unlimited fine and / or up to twelve months in prison. Specific documents, proving entitlement to work in the UK, must be checked prior to employees commencing their employment. For most employees, checking their British passport, without any endorsements or restrictions, will be sufficient to discharge the duty to ensure that employees have the right to work legally. The lists of acceptable documents are set out in the guidance produced by the Border & Immigration Agency. Checking documents from “list A” will provide employers with a permanent defence, and checking documents from “list B” will provide a defence if the documents are re-checked every 12 months. However, there will be no defence if an employer checks documents, but knowingly employs an illegal worker.

Publications/Guidance
The Secretary of State for Health has published his response to Aspiring to excellence: Final report of the independent inquiry into Modernising Medical Careers which considers how best to progress Sir John Tooke's recommendations regarding national and local planning for recruiting and training doctors in the future.

Materials for implementing pension scheme changes  are available from NHS Pensions. Changes to NHS pension schemes were announced in September 2007 and will come into effect on 1 April 2008. The changes will introduce a new tiered contribution system and a cap on employer costs. The materials on the NHS Pensions website include guidance for pensions officers, posters, FAQs and guidance notes, and will be updated regularly.

The Working Time Directive Rota Database. This tool provides help with creating Working Time Directive compliant rotas and has been published on the NHS Healthcare portal. This is a free, searchable, database of NHS rotas created by trusts, foundation trusts and strategic health authorities. There is a library of over 100 Working Time Directive compliant rotas, currently in use in the NHS, which can be searched using a range of options and then used to create rotas. The website claims that "four clicks of the mouse gets you through to the type of rota you are looking for".

NHS pay modernisation: new contracts for general practice services in England. According to a report by the National Audit Office (NAO), the new contract for general practice has cost the DH £1.76 billion more than it originally budgeted for. However it has contributed to improved recruitment and retention of GPs, total numbers increasing from 26,833 to 30,931 since 2003. It argues that the largest overspend of the contract was due to an underestimation of the amount that GPs would earn from the pay for performance scheme, the Quality Outcomes Framework.

Consultation
The DH has also launched a Consultation on recruitment to foundation and specialty training ; proposals for managing applications from medical graduates from outside the European Economic Area that sets out proposals for managing applications to the foundation and specialty training programmes from Highly Skilled Migrant doctors with leave to remain in the UK. Its preferred option is to implement guidance stating that international medical graduates should be considered for post-graduate and specialty training posts in the NHS only if there are no suitable UK or European Economic Area (EEA) applicants. The consultation closes on 6 May 2008.

Response to the Independent Inquiry into Modernising Medical Careers. Modernising Medical Careers response This is the Secretary of State for Health’s response to the recommendations of the Independent Inquiry into Modernising Medical Careers, led by Professor Sir John Tooke. Many recommendations are met with a direct response, other proposals are substantial and require further work to develop them ahead of implementation. Action: This response will directly feed in to national and local plans for recruiting and training doctors in the future.

Cases
R (Crouch) v South Birmingham PCT; Secretary of State for Health and British Dental Association (Interested Parties) (Unreported, 26 February 2008) (Admin Ct): C, an orthodontist, applied for judicial review of the FHSAA's decision to uphold the terms of a personal dental services (PDS) agreement between C and the PCT. The agreement was subject to the terms of the NHS (Personal Dental Services Agreements) Regulations 2005 (SI 2005/3373) and the General Dental Services and Personal Dental Services Transitions Provisions Order 2005 (SI 2005/3435), which included a provision that the minimum duration of a PDS agreement was to be five years. C's agreement provided that the PCT could terminate it at any time without cause by written notice. C claimed that the termination provisions in the agreement were not lawful; he also contended that the PCT had failed to consult the public adequately in order to assess local orthodontal needs before seeking to introduce the PDS agreement.
The court held, allowing C's application, that it was not open to the PCT to include such a termination clause in a PDS agreement. Schedule 3 para.66 to the 2005 Regulations provided that a PDS agreement had to be terminated in accordance with the Regulations. Unless an orthodontist breached the agreement or one of the proscribed grounds for termination arose, a PCT could not terminate a PDS agreement except on the date provided for in that agreement. There should be no need for a provision to terminate without cause provided that an orthodontist gave the services that he had contracted to provide and those services were required; if the level of services required rose or fell it was open to the parties to vary the agreement. The PCT was not required by s.11 of the Health and Social Care Act 2001 to consult the public in order to assess local orthodontal needs before the units of orthodontic activity to be provided by a contracting orthodontist could be agreed in an agreement.

Akinleye v East Sussex Hospitals NHS Trust [2008] EWHC 68 (QBD): the NHS Trust applied for summary judgment in a libel action brought by A. A had been employed at a hospital managed by the Trust (N). A left N and took a job at another hospital managed by a different NHS trust (P). His contract was then terminated due to concerns raised about the quality of his work as an echo-cardiographer. P was in the process of reviewing A's work to identify whether there were any patient safety issues and contacted N for information about any concerns that N might have about A. N responded by email, stating that A had not performed echo-cardiography as he was not trained to do so. It further stated that his work was adequate but not exceptional or even good, that he had left owing unpaid rent and that he had come under suspicion over the theft of an echo machine. A issued proceedings for libel on the basis that the email would be understood to mean that he was professionally incompetent, suspected of criminal conduct and that he had behaved immorally.
The court held that the email was protected by qualified privilege and could not be said to be malicious. As a result there was no reasonable prospect of success of the doctor's claim for libel and summary judgment was awarded in favour of the trust.

Selvarajan v General Medical Council [2008] EWHC 182 (Admin) (Admin Ct): S, a doctor, appealed against the GMC Panel's decision that his name be erased from the medical register, following allegations that S had embarked on a sustained course of dishonest conduct together with a chemist over a three-year period. S admitted that he was guilty of serious professional misconduct but said that it would not be a just and proportionate exercise of the Panel's power of erasure to erase him from the register some 12 years after the inquiry into his conduct had started, to bring his career to an end. The Panel was advised by its legal observer that delay was irrelevant to sanction, and it imposed the sanction of erasure.
The court held, dismissing the appeal, that S's submission in respect of delay was correct as a matter of common sense, past practice, fair trial case law and the GMC's own guidance, which provided that the Panel had to have due regard to any evidence presented by way of mitigation, including time lapsed since the incident. For the proceedings to take nearly four years from charge to penalty as well as two further years for them to be finally determined on appeal was unacceptable and unreasonable. However, although the Panel had misdirected itself in finding that the delay in bringing proceedings was irrelevant to mitigation of sanction, the sanction that it imposed erasing the doctor's name from the medical register was the appropriate penalty in the circumstances. (8 February 2008).

In R (on the application of Gwynn) v General Medical Council disciplinary proceedings were allowed to proceed against a general and vascular surgeon in respect of complaints made against him by five patients. A re-opened complaint and complaints made outside of the normal five-year time limit were allowed to continue. The reasoning given was that there had been an error of law, so the original decision was quashed, as this was felt to be in the public's interest.

The much anticipated decision in James v Greenwich LBC  was handed down by the Court of Appeal on 5 February 2008. Employers were relieved to read that the Court of Appeal has decided that long term agency workers do not, necessarily, become employees of the end user client. In this case, Ms James had worked for Greenwich Council for 5 years through an employment agency. Ms James argued that the length of time for which she had worked for the Council, and the fact that the Council treated her like an employee for most practical purposes, meant that there was an implied contract of employment between them. The Court of Appeal disagreed with Ms James and said that, in the absence of a specific reason to look for an implied contract of employment between parties (such as there being no written contract), there is no need for a court to find implied contract. In short, the Court of Appeal has said that long term agency workers are not “employees in disguise” and an implied contract between an agency worker and the end user client is only likely to be found in the most extreme cases (such as where the involvement of an agency is a sham).

News
In the case of James v Greenwich LBC, reported above, the Court of Appeal noted in its decision that the uncertain status of agency workers does result in difficulties for both employers and employees. A potential legislative solution to this issue is currently being considered by Parliament. A private member’s bill, the Temporary and Agency Workers (Equal Treatment) Bill 2007-2008, has passed its second reading and is now at committee stage. If passed, the Bill would give employment rights to agency workers, although it does not specify for how long agency workers would have to work for an end user client before acquiring any rights. The government and business groups are, however, still strongly opposed to the Bill and a similar Bill has failed once already. In Europe, EU Member States have still failed to reach agreement on the draft EU Temporary (Agency) Workers Directive.

From 1 April 2008, a new system will be implemented for unsocial hours payments. This has been accepted by NHS trade unions and was developed by a sub group of the Executive of the NHS staff council. The new system covers enhancements to basic pay for Agenda for Change staff whose standard working week includes evenings, early mornings, weekends, bank holidays and nights.

The health secretary, Alan Johnson, has announced that a package of measures will be introduced to recruit an extra 4000 midwives to the NHS. This is scheduled to take effect by 2012. Alongside this announcement, NHS Employers has said that it will be launching a campaign in June 2008 to encourage midwives to return to work, in the areas in which they are most needed. NHS Employers will be working with the Royal College of Midwives and the Department of Health to deliver this campaign and provide support for trusts in relation to the scheme.

The Health Secretary has announced new immigration rules to restrict International Medical Graduates' access to UK post-graduate medical training. The Home Office has laid immigration rules implementing the first part of the new points based system, which is the Tier 1 (General) route for Highly Skilled Migrants. The rules impose a condition on Tier 1 (General) Migrants and Highly Skilled Migrants prohibiting them from taking a post as a doctor in training. The new rules take effect from 29 February 2008; they will not impact on recruitment until 2009.

Alastair Henderson (Deputy Director of NHS Employers) has announced that in the next few weeks NHS employers will be publishing a set of updated standards for vetting potential NHS employees and checking their references. These standards will be mandatory from April 2008 and will be included in the core list of requirements on which the independent Health Care Commission will inspect trusts.

The annual increases to compensation limits for Employment Tribunal claims have taken effect in relation to dismissals on, or after, the 1 February 2008. The maximum compensatory award for unfair dismissal is now £63,000 (up from £60,600) and the maximum limit on a week’s pay (for the purposes of calculating a statutory redundancy payments and unfair dismissal basic awards) is £330, which is an increase from £310.

The DBERR has announced that it will release £37 million of extra funding for ACAS, in order to encourage early resolution of employment disputes. The funding is intended to help ACAS bolster its helpline and conciliation services. The increased support for ACAS is being put in place to complement the new dispute resolution regime, which is likely to be introduced when the Employment Bill 2007 is implemented next spring.

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

Estates and Facilities

Cases
Courts' powers to review an expert determination. In Homepace Limited v SITA South East Limited [2008] EWCA Civ 1, the Court of Appeal had to decide whether an expert determination complied with the requirements of the lease under which it was made. It found that the certificate did not comply with the requirements under the lease and therefore it was not binding between the parties or effective.

A right of access for "rebuilding or renewal" held not to include a right of access for development. Risegold Limited v Escala Limited [2008] EWHC 21 Ch The High Court has held that an easement that granted access to "rebuild" and "renew" a property, could not be used to develop it. As well as considering the normal meaning of "rebuild" and "renew" in determining the scope of an easement, the case is an interesting example of how the construction of the grant of an easement is likely to be influenced by the facts of the case and the likely intent of the parties at the time of the grant. The court also relied on the express limitations in the grant when determining the intended purpose of the easement.

Guidance on the interpretation of exceptions and reservations of minerals. (Court of Appeal) Coleman and another v Ibstock Brick Ltd [2008] EWCA Civ 73 The Court of Appeal has considered the terms of an exception and reservation of minerals contained in a conveyance of land made in 1921. The Court of Appeal upheld the High Court's decision on whether particular substances were "minerals" for the purposes of the exception and reservation. The judgment includes guidance on how to interpret similar provisions in other documents.

Claimants' mistaken belief that they occupied premises as tenants no bar to adverse possession. Ofulue & Anor v Bossert [2008] EWCA Civ 7 The Court of Appeal has ruled that the mistaken belief by occupiers of land that they were entitled to a tenancy did not mean that they lacked the intention to possess that was necessary to establish adverse possession. The Court of Appeal gave detailed consideration to its role in applying the decision of the European Court of Human Rights in Pye v United Kingdom [2007] ECHR 44302/02. The court held that the facts of the case did not justify departing from the European Court's decision in Pye. The case emphasises the need for land owners to be rigorous in ensuring that they do not "sleep on their rights" before seeking possession of their land.

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

Foundation Trusts

Publications/Guidance
The DH has sent a letter to PCT Chief Executives on the introduction of the standard NHS contract for acute services that was published with the NHS Operating Framework in December, for introduction from April 2008. It confirms expectations for the adoption of the new standard NHS contract, to ensure that PCTs are aware of the obligations of NHS FTs in reporting and operations.

Effective governance in NHS foundation trusts. This briefing details Monitor's findings following the self-certification review of 11 NHS foundation trusts, as discussed in NHS foundation trusts: review of six months to 30 September 2007.

Consultations
Monitor: Consultation on amendments to the Compliance Framework: seeks views on changes to the Compliance Framework for NHS FT. The Compliance Framework sets out Monitor’s approach to regulating an NHS FT, ensuring it stays within its Terms of Authorisation, while at the same time providing the freedom it needs to innovate and respond to local needs. The proposed changes are in part intended to reflect the national requirements for the NHS described in the Operating Framework for 2008-09 (issued in December 2007) which featured a focus on reducing the number of cases of MRSA and C.difficile; delivering the 18-week waiting time target; and compliance with the Hygiene Code. In addition, the proposed changes reflect a move towards contracts agreed between commissioners and providers which specify detailed performance expectations for the provision of local healthcare. The proposed changes focus on:-

		revised healthcare targets for 2008/09 by which we will directly assess service performance as one indicator of effective governance;
		specific changes to self-certifications by boards
		the potential introduction of International Financial Reporting Standards (IFRS) with effect from 2008/09; and
		proposed amendments to reporting requirements for membership information and election turnout rates, so as to better reflect the engagement of members.

The consultation closes on 20 March 2008.

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

Health and Safety

Publications/Guidance
Safe births - everybody's business: independent inquiry into the safety of maternity services in England According to an independent inquiry commissioned by the Kings Fund, the overwhelming majority of births in England are safe, despite growing pressures on maternity services. However, it warns that the lack of a systematic approach to ensuring safety across maternity services is creating unnecessary risks, and calls for a range of practical improvements. The inquiry focuses specifically on the safety of maternity services rather than their quality or efficiency, and concentrates on the safety of mothers and babies during birth. It identifies the key factors in improving safety as: stronger governance at board level better team and multidisciplinary working more training in safety, including training on the labour ward good management of staffing levels and skill mix.

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

Mental Health

Publications/Guidance

Improving Access to Psychological Therapies: Implementation Plan: National guidelines for regional delivery. Copies of the Department of Health guidelines on improving access to psychological therapies and an implementation plan for regional delivery are available.

Mental Capacity Act and Code of Practice. This is a joint statement by CSCI, the Healthcare Commission and the Mental Health Act Commission. It sets out how the three commissions will take account of the Mental Capacity Act and the Code of Practice in their activities.

Guidance on nominating a consultee for research involving adults who lack capacity to consent. This guidance sets out how to identify an appropriate consultee for the purposes of section 32 of the Mental Capacity Act. The Act requires the researcher to take reasonable steps to identify a person who, as a result of an existing relationship with the person who lacks capacity, can advise the researcher about that person’s participation in the project. Where no such person can be identified, the Act requires another person who can provide this advice to be appointed in accordance with guidance.

The second national audit of violence in mental health services conducted on behalf of the Healthcare Commission by the Royal College of Psychiatrists was published on 13 February 2008. More than half of nurses on mental health wards report being physically assaulted at work. The figure rises to almost three-quarters for mental health nurses working on wards for patients with disorders such as dementia.

Mental health and ill health in doctors. This report looks at mental health and ill health in doctors and the factors that influence them. It outlines ways in which the NHS can provide appropriate services and encourage doctors and other health care workers to seek early advice and support for mental health problems.

The impact of the NHS Research and Development Strategy on mental health services and research in England: response document. This document is the Government's response to a review of the impact of Best Research for Best Health on mental health research in England.

Improving Access to Psychological Therapies Implementation Plan: National guidelines for regional delivery. This document provides strategic health authorities, primary care trusts, training providers and service providers with an overview of the Government's plan to improve access to psychological therapies.

Consultations

Government response to consultation on the Mental Capacity Act 2005. This document is the report on the consultation on the Mental Capacity Act Nominated Consultee Guidance. It discusses the main points arising from the responses received and the Department's position on these issues.

Occupational therapy and physical activity interventions to promote the mental wellbeing of older people in primary care and residential care. Consultation on the draft guidance.

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

Back to top

Back to top

Back to top

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

	Simon Lindsay Partner simon.lindsay@bevanbrittan.com		David Owens Partner david.owens@bevanbrittan.com
	Mark Calverley Partner mark.calverley@bevanbrittan.com		Mike Strathdee Partner mike.strathdee@bevanbrittan.com
	John Chapman Partner john.chapman @bevanbrittan.com		Jackie Linehan Senior Associate jackie.linehan@bevanbrittan.com
	Deborah Jeremiah Senior Associate deborah.jeremiah@bevanbrittan.com		Sarah Michael Associate sarah.michael@bevanbrittan.com
	Julie Chappell Associate julie.chappell@bevanbrittan.com		Duncan Astill Associate duncan.astill@bevanbrittan.com
	Claire Bentley Associate Professional Support Lawyer claire.bentley@bevanbrittan.com		James Cassidy Assistant Solicitor james.cassidy@bevanbrittan.com
	Jane Bennett Assistant Solicitor jane.bennett@bevanbrittan.com

We value your comments, please click here with your feedback/suggestions.

Back to top