01/09/2009
Legal intelligence for professionals in health and social care
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 have been forwarded this update by a colleague and would like to receive it directly, please email Claire Bentley.
Care
Publications/Guidance
Transfer of learning disability social care funding
and commissioning from the NHS to local government. Since 1
April 2009, funding and commissioning responsibility of social care
for adults with learning disabilities transferred from the NHS to
local authorities. Further guidance on capital transfers and other
financial and practical issues has been published.
Care Quality Commission: Managing money belonging to people who use services - Checklist. This checklist gives information on supporting people who use services to manage their money.
The point of care: measures of patients' experience in hospital: purpose, methods and uses. This paper provides a brief guide to the methods used for measuring what matters most to patients. The aim is to help trust boards and other interested parties decide which measurement and feedback tools are appropriate for their requirements.
Paying for Additional Private Care. This letter from Director of NHS Operations Lyn Simpson covers the requirement that each strategic health authority have a detailed policy in place that reflects the national principles for paying for additional private care.
Social care bulletin green paper special issue. This special bulletin marks the publication of Shaping the future of care together, the green paper on the reform of adult social care and support in England.
Regulation of low level support services (sitting services). CQC guidance on whether a low-level sitting service needs to be registered as a domiciliary care agency, which will depend on whether the service provides personal care.
Local authorities’ use of carers grant. The carers’ grant is provided to all councils with responsibility for social services in recognition of the support carers need for breaks and other services. This is the report of a study undertaken by the University of Leeds for the Department of Health that aimed to get a better understanding of how local authorities in England spent their carers’ grant allocations between 2005 and 2007 and how it enabled them to improve support for carers in their area.
News
NHS ordered to pay £100,000 to family of
Alzheimer's sufferer. The Health Services Ombudsman has ordered
NHS Worcestershire to repay care home fees amounting to £100,000 to
the family of an Alzheimer's sufferer that the NHS trust had
refused to pay because it claimed that her condition was not health
related.
New service hands more power to the patient. The DH has launched a new online service that allows patients to rate and compare hospitals on issues such as car parking and waiting times. The web-based scorecard allows patients to pick from a drop down menu, and choose criteria which are most important to them when making their decisions. People can either look at a general scorecard which compares different hospitals, or look in more details at specific treatments and procedures within those hospitals.
Keeping older people fit and healthy. The Care
Service Minister Phil Hope has launched the Older People’s
Prevention Package that sets out how preventing health problems
before they occur can help older people live better and healthier
lives. It is part of the Government’s ageing strategy Building a
Society for All Ages. It: promotes best practice around falls
prevention and effective fracture management; introduces measures
to improve access to affordable foot care services; clearly sets
out health entitlements’ including sight tests, flu vaccination and
cancer screening; and summarises existing progress on audiology and
telecare services.
Funding allocated for hospice care. The Welsh
Health Minister Edwina Hart has announced the allocation of £4m
Assembly Government funding for hospices and palliative care
services across Wales. Just over half of the total, £2.1m, will
help fund the clinical palliative and end-of-life care services
provided by 18 hospices throughout Wales and £1.9m will be spent on
NHS palliative care services.
Bevan Brittan Updates
New registration system for health and adult social
care. The CQC will be implementing a new regulatory
scheme, which will be applying new requirements and standards to an
increasing range of services. It is important for all
providers to be aware of the changes, particularly as
accountability rests not just with the organisations but also their
senior officers. Neil Grant looks at the key
changes.
Bevan Brittan Training
Preparing for the New Regulatory System. From
April 2010 onwards, the Care Quality Commission will extend the
scope of its regulatory remit over providers of health and adult
social care services in both the public and independent
sectors. All providers who undertake “regulated activities”
will be required to be properly registered under the Health and
Social Care Act 2008. The key changes will be:
NHS
Providers: registration which, to date, has been based solely
on compliance with the Code of Practice on Healthcare Associated
Infections (HCAIs), will be extended and measured against a new set
of requirements and standards governing all aspects of the running
of the organisation. These requirements will replace the
Standards for Better Health.
Social
Care and Independent Healthcare Providers: from October 2010
services will require registration under the 2008 Act, rather than
the Care Standards Act 2000.
This will mean:
A wider scope of services requiring registration.
The need to comply with a new set of registration requirements and
guidance, in place of the existing regulations and National Minimum
Standards.
Bevan Brittan is running two free training sessions on Preparing for the New Regulatory System at our London office from 10am -12.30pm on 15 October 2009 and at our Birmingham office from 10am - 12.30pm on 20 October 2009.
If you would like to attend the London session on the 15 October click here and if you would like to attend the Birmingham session on the 20 October click here.
If you wish to discuss any of the items raised in this section please contact Neil Grant.
Children
Publications/Guidance
The team around the child and the lead
professional: a guide for managers. This non-statutory guidance
from the Children’s Workforce Development Council replaces the
original guidance entitled ‘The lead professional: managers’ guide’
which was published in 2006. The new guidance has been updated and
re-titled in order to reflect policy developments and include
revisions identified in consultation with practitioners and
managers across the children and young people’s workforce. The
document also seeks to link together the processes and tools, to
show how collaboratively they provide a package of support to help
practitioners and managers implement integrated working in their
practice. DCSF has also published revised guidance for practitioners.
Early identification, assessment of needs and
intervention - the Common Assessment Framework for children and
young people: A guide for managers. This non-statutory guidance
for managers has been updated and re-titled in order to reflect
policy developments and include revisions identified in
consultation with practitioners and managers across the children
and young people’s workforce. It also seeks to link together the
processes and tools, to show how collectively they provide a
package of support to help practitioners and managers implement
integrated working in their practice. DCSF has also published
revised guidance for practitioners.
PCT autumn statements for services for disabled children. This Dear Colleague letter from Dame Christine Beasley DBE, Chief Nursing Officer, includes a questionnaire template which PCTs may find useful when setting out their autumn statements on the development of services to disabled children.
Keep children and young people safe: develop your workforce - New e-learning from the Royal College of Paediatrics and Child Health and e-Learning for Healthcare can help healthcare staff stay up to date and be better able to identify and respond to suspected abuse and neglect. The resource is available through the National Learning Management System (NLMS), which is free to all NHS England employees who are on ESR
Safeguarding the young and vulnerable - the Joint Chief Inspectors' recommendations and the Government's responses one year on: sets out the Government's annual update on progress against the specific recommendations in the Joint Chief Inspectors' third joint report, Safeguarding Children: the third Chief Inspectors' Report on Arrangements to Safeguard Children (July 2008), which highlighted what had improved over the three years from 2005 to 2008 and assessed the extent to which the considerable activity that had taken place at both national and local levels has affected outcomes for children. It also identified those areas still in need of improvement.
DCSF: Facing up to the task - The interim report of
the Social Work Task Force. The Social Work Task Force was set
up by the Government to undertake a comprehensive review of
frontline social work practice and to make recommendations for
improvement and reform of the whole profession, across adult and
children’s services. This report sets out interim advice about the
state of social work in England at present, and the nature and
content of the comprehensive reform programme needed.
The Government's response welcomes the report's
recommendation for a national college of social workers, which will
now be taken forward. The Government has also launched a new peer
support programme for middle managers of social care functions in
local authorities that will help managers to explore and tackle the
challenges of leading and managing workforce change to improve
services and outcomes.
Consultations
Serious case reviews - revised Chapter 8 of Working
Together to Safeguard Children. This DCSF consultation seeks
views on revised guidance that aims to improve the quality,
consistency and impact of serious case reviews (SCRs) and is
directed in particular at Local Safeguarding Children Boards that
by law undertake an SCR whenever a child dies or is seriously
injured and abuse or neglect is known or suspected to be a factor.
The consultation arises out of Lord Laming's recommendations to
strengthen and clarify the serious case review process. Comments
are required by 23 October 2009.
If you wish to discuss any of the items raised in this section please contact Penelope Radcliffe, Tracey Lucas or Deborah Jeremiah.
Clinical Management
Publications/Guidance
Safer births: supporting maternity services to
improve safety. To enable frontline professionals working in
maternity units to improve the safety of the services that they
deliver to women and their babies, The King's Fund has set up the
Safer Births initiative, a service improvement programme, with
national and local partners. During the first phase of the Safer
Births initiative, in early 2009 three regional interactive events
were organised for an invited audience of heads of midwifery, lead
obstetricians and risk managers. This report presents the findings
of these workshops.
Patients not numbers, people not statistics.
The Patients Association has published a report containing 16
personal accounts of patient care in hospital as an attempt to
raise awareness of the failings in hospital care being submitted to
it every week through its Helpline phone calls, emails and letters.
The collection of stories developed organically from a review of
the Association's database of patients and relatives who had
contacted it to express concern about the care they or a relative
had received in hospital. The case studies show a consistent
pattern of shocking standards of care and highlight the
unacceptable experiences facing patients up and down the country on
a regular basis.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
Commissioning
Publications/Guidance
World class commissioning summer update -
July/August 2009. This letter from Gary Belfield, Director of
Commissioning, gives a progress report on the world class
commissioning programme for July and August. It includes updates on
the launch of assurance year two, the Practice Based Commissioning
(PBC) National Clinical Network, a new film showcasing PBC in
action, some new support and development resources and an update on
the programme of Integrated Care Pilots (ICP).
Market facilitation: transforming the market for social care. In order to transform social care to make it fit for the purpose of meeting changing needs and providing a more personalised approach to service provision, commissioners are tasked with the role of influencing and shaping local care markets. This series of papers looks at different aspects of facilitating markets.
If you wish to discuss any of the items raised in this section please contact David Owens.
Complaints
Publications/guidance
Report by the Public Services Ombudsman for Wales and the Health
Services Ombudsman for England of a complaint about the Welsh
Assembly Government (Health Commission Wales), Cardiff and Vale NHS
Trust and Plymouth Teaching Primary Care Trust. This joint report
by the Welsh and English Ombudsmen considers a complaint by S
concerning the care of her adult daughter, D. D lived in South
Wales but became ill while staying with a friend in SW England,
developing depression and anorexia nervosa. She was treated as an
in-patient with Plymouth Teaching PCT (the PCT). She was then
referred to the local eating disorders unit and the PCT applied to
the Health Commission Wales (HCW) to fund this treatment. HCW
refused on the grounds that D had not been assessed by the services
in Wales and because there was no follow up plan for when she was
discharged. S complained that she had to use her life savings to
pay for private care for D and that the NHS should have funded D's
care. The Ombudsmen found maladministration that caused S and D
injustice. They recommended that the HCW pay S £31,000 + interest
for the amount spent on D's private care, together with £250 from
each of the three bodies in compensation for the distress caused.
The Ombudsmen also made a number of recommendations regarding the
adequacy of services for eating disorders in South Wales.
If you wish to discuss any of the items raised in this section please contact Julie Chappell .
Data Protection
Publications/Guidance
Payment by Results (PbR) data assurance framework
2008/09. This report presents the key findings and analysis of
the 2008/9 national clinical coding audit programme managed by the
Audit Commission. It shows that the number of errors made by NHS
trusts under the PbR system is falling, but there are continuing
concerns about the poor quality of some medical records.
Long live the database state. Tim Kelsey has written this article for Prospect magazine on the ongoing struggle of using personal records to improve public service performance. It recounts the battle to get hospital standardised mortality ratios published and recognised by Government and addresses the need to translate records collected by public services into knowledge that leads to the improved performance.
Consultations
PbR data assurance framework consultation 2010/11
onwards. The Audit Commission is seeking views on the framework
that supports the improvement of data quality in the NHS. The
consultation closes on 2 October 2009.
If you wish to discuss any of the items raised in this section please contact James Cassidy .
Employment/HR
Publications/Guidance
How is life as a healthcare manager? Management in
Practice is asking healthcare managers to complete their annual
online survey about life as a healthcare manager today. The survey
asks about managers’ hopes and concerns for the health service,
views about pay and personal development, health policy and what
changes would allow you to do your job better.
Business case for the NHS staff survey. A
series of information and guidance resources has been produced by
the Institute of Employment Studies to help NHS organisations and
staff understand the benefits of conducting and participating in
the NHS staff survey.
European Working Time Directive (EWTD). This
letter from Flora Goldhill, Director, Workforce Capacity, Values
and Equality, gives an update on the EWTD. The EWTD is now fully
implemented across the NHS with the inclusion of junior doctors in
training in the 48 hour working week.
Update to Staff and Associate Specialist doctors frequently asked questions. This now includes two new questions on funding (questions 13.1 and 13.2), and an additional question on back pay (question 4.7). The specialty doctor and associate specialist pay scale tables have been updated to include the 2009/10 rates and some of the questions have been moved to more appropriate headings.
New Guidance on NHS Pension Choice exercise, linked to TUPE transfers. NHS Pensions has issued guidance informing employers that, as part of the Choice exercise, it is necessary to identify staff that may be part of a TUPE or TUPE like transfer on or after 1 October 2009 to an employer who cannot offer membership of the NHS Pension Scheme. Failure to carry out the Choice exercise for such staff before employment is transferred could result in legal challenge.
New Guidance on managing time off for employee representatives has been agreed by the Acas Council which complements it’s new Code of Practice on time off for trade union duties and activities, and provides further information on the subject of time off for employee representatives.
Cases
Kulkarni v Milton Keynes Hospital NHS Trust;
Secretary of State for Health (Interested Party) [2009] EWCA Civ
789 (CA). In dismissing an appeal brought by a doctor, K,
against the High Court's refusal to make a declaration that he be
entitled to legal representation in disciplinary proceedings
brought by his employer, the NHS Trust, the court considered as an
obiter point that a doctor facing what was effectively a criminal
charge, although it was being dealt with by disciplinary
proceedings, had an implied right to legal representation under
Art.6 ECHR. The decision is likely to be appealed to the House of
Lords by the Secretary of State but effectively any doctors or
dentists that are employed by the NHS and are facing serious
disciplinary charges on misconduct or capability grounds will rely
on this decision to argue that they have a contractual right to
legal representation by someone instructed or retained by their
medical defence union.
Consultations
Role of the nurse consultation period extended until the end of
2009 to allow interested organisations to submit their
responses. The questionnaire can be completed on line.
The Equality and Human Rights Commission has launched a consultation on how private and voluntary sector employers with at least 250 staff can measure and report on their gender pay gap. The consultation remains open until 28 October 2009.
News
A new equality and diversity council for the NHS has been
announced which will champion improvement on equalities in the NHS
and campaign for change. The council will support the national
focus on improving quality in the NHS, in line with stated
commitments in High Quality Care for All and the NHS
Constitution.
Bevan Brittan Updates
It’s no sacrifice … Salary sacrifice schemes have been the
cause of sleepless nights for HR professionals for many years.
Couple this with the fact an employer must now continue to provide
non cash benefits during an employees entire maternity leave and
its a long time 'til dawn. Tim Woodward takes a closer look at this
tricky area of employment law.
EAT Discrimination update. Perhaps because of the poor weather,
the last month has seen the dissemination of not one but two
important judgments from the EAT. One dealing with whether or not a
failure to make a reasonable adjustment to avoid dismissing an
employee was sufficient to render the dismissal itself an act of
discrimination and the other considering the circumstances in which
an individual providing work for a third party who is not their
employer is protected from race discrimination by the third party
or its employees. Mugni Islam-Choudhury explains more.
4 Day Week and Short-time Working – Unintended Consequences for
Pension Schemes. In the economic downturn, as a means of
avoiding redundancies some employers are introducing a 4 day week
or short term working involving changes to employees’ working
hours and salaries (permanently or for a limited period ) and
even “sabbatical “ periods of unpaid leave. While this is a
commendable solution in difficult times it is not without its risk
from a pension’s perspective. Christine Johnston explains
more.
News Round-up. Sara Touzel reports on the latest developments
in employment law including the gender pay gap, the government
review of the default retirement age, an update on swine flu, the
recently published ACAS annual report and the introduction of a new
supreme court.
Bevan Brittan Training
Employment Absence: How to manage out risks and avoid personal
injury action
10.00am – 12.30pm. Registration from 9.30am. 15 September
- London office, 16 September - Bristol office, 17
September - Birmingham office. We all know that workplace
absences affect productivity and profits. Repeated occurrences can
lower morale and motivation in both the absent and those remaining.
In a struggling economy, anxiety and stress related problems are on
the increase and a failure to deal with the early warning signs
could store up problems for the future. Employees can become more
litigious in a difficult economy. While sickness absence is not a
new occurrence, employees are increasingly aware of their rights,
both in the Employment Tribunal and also in relation to personal
injury actions. This workshop based session will look at the key
steps managing absence in the workplace with a particular focus on
stress problems. Members of Bevan Brittan’s Personal Injury team
will also provide guidance on how to deal with a personal injury
claims; together with a review of the practical steps employers can
take to prevent further claims being brought.
If you wish to discuss any of the items raised in this section please contact Sarah Michael.
Finance
Publications/Guidance
Transfer of learning disability social care funding
and commissioning from the NHS to local government. Since 1
April 2009, funding and commissioning responsibility of social care
for adults with learning disabilities transferred from the NHS to
local authorities. Further guidance on capital transfers and other
financial and practical issues has been published.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
Foundation Trusts
Publications/Guidance
2009-10 review of NHS foundation trusts' three-year
plans. Foundation trusts are required each year to submit their
three-year plans to Monitor, whose relationship managers review the
plans in detail. Each foundation trust is assigned governance,
financial and mandatory services risk ratings, based on the
self-certifications and returns in their plan. These documents
provide a summary of the key findings from this year's review
process.
Consultations
Consultation on the de-authorisation of NHS
foundation trusts. Seeks views on proposed changes that will
enable Monitor and the Government to de-authorise failing
foundation trusts and remove foundation status, following the
failings at Mid Staffordshire FT that exposed a need for changes to
the current regulations. The consultation closes on 18 September
2009.
If you wish to discuss any of the items raised in this section please contact Vincent Buscemi.
Governance
Publications/Guidance
The point of care: measures of patients' experience
in hospital: purpose, methods and uses. This paper provides a
brief guide to the methods used for measuring what matters most to
patients. The aim is to help trust boards and other interested
parties decide which measurement and feedback tools are appropriate
for their requirements.
Transforming community services: Governance arrangements to support PCT provider committees. This guidance is intended to help support PCT provider committees implement strong robust governance arrangements in order to deliver the transformation of community services. It sets out the core principles that should underpin the committee's membership and make-up.
Governance arrangements to support PCT provider committees. This governance guidance is intended to help support PCT provider committees implement strong robust governance arrangements in order to deliver the transformation of community services.
If you wish to discuss any of the items raised in this section please contact Tracey Lucas, Vincent Buscemi or Deborah Jeremiah.
Health and Safety
Publications/Guidance
Payment by Results (PbR) data assurance framework
2008/09. This report presents the key findings and analysis of
the 2008/9 national clinical coding audit programme managed by the
Audit Commission. It shows that the number of errors made by NHS
trusts under the PbR system is falling, but there are continuing
concerns about the poor quality of some medical records.
Safer births: supporting maternity services to
improve safety. To enable frontline professionals working in
maternity units to improve the safety of the services that they
deliver to women and their babies, The King's Fund has set up the
Safer Births initiative, a service improvement programme, with
national and local partners. During the first phase of the Safer
Births initiative, in early 2009 three regional interactive events
were organised for an invited audience of heads of midwifery, lead
obstetricians and risk managers. This report presents the findings
of these workshops.
Chemotherapy services in England: ensuring quality
and safety. This best practice guidance aims to bring about a
step change in the quality and safety of chemotherapy services for
adult patients with either solid cancers or haematological
malignancies and many of the recommendations are applicable in the
care of children and young people. It highlights the need to
improve both elective chemotherapy services and acute oncology
services. It recommends that all hospitals with an accident and
emergency department should provide acute oncology services to
ensure the correct treatment of emergency cancer patients and those
who suffer severe side effects from chemotherapy.
The safer management of controlled drugs: annual report 2008. The Shipman Inquiry found that ineffective monitoring had allowed Dr Harold Shipman to obtain large quantities of diamorphine, which he used to kill at least 15 and possibly up to 200 patients. This report details progress in implementing regulations introduced in response to the Shipman Inquiry, to monitor controlled drugs.
Consultations
Learning from serious incidents requiring
investigation. The National Patient Safety Agency (NPSA) is
seeking comments from interested organisations and individuals
concerning the National Framework for Reporting and Learning from
Serious Incidents Requiring Investigation. This document is the
first release of a proposed new National Framework for the
management of serious incidents occurring in the NHS and those
parts of the independent sector which provide NHS services in
England. The consultation closes on 13 November 2009.
If you wish to discuss any of the items raised in this section please contact Adam Kendall.
Healthcare Associated Infection
Consultations
Consultation on the Health and Social Care Act 2008
Code of Practice for health and social care on the prevention and
control of infections and related guidance; and Prevention and
control of infection in care homes (a supporting guidance document
for providers of adult social care). Seeks views on a code of
practice and supporting guidance that will help providers of health
care and adult social care to plan and implement how they prevent
and control healthcare-associated infections. It sets out criteria
that the Care Quality Commission will use to assess compliance with
the registration requirement. The consultation closes on 6 November
2009.
If you wish to discuss any of the items raised in this section please contact Sian Morgan.
Mental Health
Publications/Guidance
Psychiatric services for black and minority ethnic
older people. Little progress has been made in improving mental
health services for black and minority ethnic (BME) older people
over the last eight years, according to a new report. It examines
what changes have occurred in services offered to BME older people
since the original report was published in 2001.
Representation before mental health tribunals.
In force from 13 August 2009. This practice note published by the
Law Society advises on providing legal advice to clients appearing
before the First Tier Tribunal (Mental Health) in England and the
Mental Health Review Tribunal for Wales. It covers facilitating
referral, client capacity, non-disclosure of documents, and
avoiding delay at the tribunal.
Care Quality Commission: Managing money belonging to people who use services - Checklist. This checklist gives information on supporting people who use services to manage their money.
The evidence base to guide development of Tier 4
Child and Adolescent Mental Health Services. Until recently the
idea of Tier 4 specialist CAMHS was synonymous with psychiatric
inpatient provision, sometimes with day hospitals attached. Tier 4
has more recently come to be understood as multi-faceted with
multi-agency services that can include inreach, outreach, intensive
and crisis community initiatives, day provision and therapeutic
fostering. The past few years have seen innovative approaches in
assessment and treatment of this group of young people and the
development of new community focussed services. The purpose of this
paper is to present the latest information on these new
developments and share with commissioners and providers the
evidence base for development of effective services in this
area.
The National CAMHS Support Service (NCSS) - 2009/10
business plan. The NCSS is a service improvement workstream
commissioned to deliver a programme of specific activities relating
to CAMHS. The NCSS's business plan for 2009/10 (at Annex A) is
included.
Deprivation of liberty safeguards. Documents and forms have now
been published for the deprivation of liberty safeguards for
supervisory bodies, managing authorities, best interests assessors and mental health assessors.
Improving access to child and adolescent mental
health services. This joint DH/DCSF guide states how the 18
weeks referral to treatment standard applies to non-emergency
consultant-led CAMHS services and pathways. It does not set any new
standards or targets. It shows how accessible low-wait CAMHS can be
achieved and provides good practice examples.
DCSF: Effectiveness of child and adolescent mental
health services. This statistical release gives the baseline
for national indicator 51 for services as at 31 December 2008.
National indicator 51 measures the effectiveness of child and
adolescent mental health services.
Planning for the psychosocial and mental health
care of people affected by major incidents and disasters: Interim
national strategic guidance. Provides best practice in
planning, preparing and managing psychosocial and mental health
services in response to traumatic events and all types of
emergencies resulting in an abnormal situation that poses any
threat to the health of the community or in providing services for
psychosocial care following such events.
National Confidential Inquiry into Suicide and
Homicide by People with Mental Illness University of
Manchester. The Centre for Suicide Prevention within the
University of Manchester has published their annual report into
suicide and homicides committed by individuals suffering from a
mental health condition.
Consultations
Consultation on the Care Quality Commission Mental
Health Strategy. This consultation seeks views on a strategic
plan for the commission's work on mental health over the next three
to five years.
Safety and security directions – high secure
psychiatric services – proposals for consultation. The aim of
this consultation is to gather views on the proposed revision of
The High Security Psychiatric Services (Arrangements for Safety and
Security at Ashworth, Broadmoor and Rampton Hospitals) Directions
2009 and associated guidance, by inviting the views of key
stakeholders. Responses should be submitted by 2 November 2009.
New Horizons: towards a shared vision for mental
health - consultation. This paper explores the prevention of
mental illness and earlier intervention when things go wrong. It
also looks at how services can become more innovative and work more
effectively together. In particular, it focuses on how Government,
services and communities can work together to: get everyone to play
their part in improving mental well-being; make it easier for
people to get the right help; promote equality and make society
fairer; and reduce the stigma that people with poor mental health
experience. The consultation closes on 15 October 2009.
News
Launch of a national learning package to support the
refocused Care Programme Approach (CPA) in mental health. The
Centre for Clinical and Academic Workforce Innovation (CCAWI) at
the University of Lincoln has been commissioned by the Department
of Health to produce a learning resource supporting the mental
health workforce to implement the refocused CPA. The first stage of
the project is complete and is available free on their website. It
consists of a trainer’s manual, a trainee’s manual, powerpoint
presentations, a DVD and a work based assessment scheme.
Bevan Brittan Updates
Pandemic Influenza
Publications/Guidance
Pandemic flu: planning and responding to primary
care capacity challenges. New guidance has been published for
PCTs on how to deliver primary care services whilst potentially
short staffed and how to cope with increased patient demand during
the pandemic and the anticipated seasonal flu.
Swine flu: authorisation of the supply of
antivirals. Ian Dalton, National Director for NHS Flu
Resilience, has written this letter jointly with the Royal College
of GPs and the BMA’s General Practitioners Committee to all GPs to
confirm the revised procedure for authorising the supply of
antiviral collection points.
Further Details About the H1N1 Swine Flu
Vaccination Programme 2009-10: A letter from Sir Liam
Donaldson. This is a letter from Chief Medical Officer Sir Liam
Donaldson. It supports the announcement of the priority groups for
the swine flu vaccination programme.
Swine flu vaccination programme. This web page
links to documents supporting the announcement of priority groups
for vaccination against swine flu. The priority groups include:
individuals aged six months and up to 65 years in the current
seasonal flu vaccine clinical at-risk groups; all pregnant women
(subject to licensing considerations on trimesters); household
contacts of immuno-compromised individuals; and people aged 65 and
over in the current seasonal flu vaccine clinical at-risk groups.
The links include letters from David Nicholson and Sir Liam
Donaldson about the vaccination programme.
Pandemic influenza: guidance on meeting the needs
of those who are or may become vulnerable during the pandemic.
Updated guidance to support organisations in their planning for
those people who are or may become vulnerable during the pandemic.
It emphasises the need for vulnerable groups to be taken account of
in the pandemic flu plans drawn up by primary care organisations
and their partners (NHS trusts, foundation trusts, local
authorities and the third sector).
Swine flu: letter to Social Care Reference
Group. This Dear Colleague letter outlines current activities
of the National Director for Social Care Flu Resilience.
Swine flu: letter to Directors of Adult Social
Services. This Dear Colleague letter from the National Director
for Social Care Flu Resilience sets out the actions that local
authority Directors of Adult Social Services should be undertaking
in response to the current swine flu pandemic.
Flu pandemic advice for healthcare providers.
The Care Quality Commission has issued advice for healthcare
providers on dealing with a flu pandemic. There is also equivalent
advice for social care providers.
News
Working time directive and swine flu opt out - NHS Employers
has prepared a model waiver agreement for any staff, including
doctors, who wish to exercise their right to opt out of the 48-hour
average working week to undertake additional work to support the
NHS throughout the flu pandemic.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
Primary Care Trust
Publications/Guidance
Pandemic flu: planning and responding to primary
care capacity challenges. New guidance has been published for
PCTs on how to deliver primary care services whilst potentially
short staffed and how to cope with increased patient demand during
the pandemic and the anticipated seasonal flu.
Study of primary care in A&E. The Primary
Care Foundation is carrying out a study of the use of primary care
clinicians within or alongside emergency departments. The aim is to
understand the range of different models and report on the various
elements that need to be in place for such initiatives to operate
safely and successfully. To achieve this they are asking all
emergency departments, commissioners and the primary care provider
organisations in England to complete a survey. Comments must be
submitted by 14 September 2009.
PCT autumn statements for services for disabled
children. This Dear Colleague letter from Dame Christine
Beasley DBE, Chief Nursing Officer, includes a questionnaire
template which PCTs may find useful when setting out their autumn
statements on the development of services to disabled children.
Local self-assessment audit for assessing implementation of HTM 01-05: decontamination in primary care dental practices and related infection prevention and control issues. This audit tool has been produced jointly by the DH and the Infection Prevention Society to allow primary care dental practices to assess their level of compliance with Health Technical Memorandum 01-05. It will enable practices to identify areas where they need to improve the quality of the decontamination process to achieve essential quality requirements and best practice.
Improving eye health services. This document provides practical advice on how PCTs can assess their current eye health services performance, identify their vision for the future and commission services that meet the needs of their local communities.
Governance arrangements to support PCT provider
committees. This governance guidance is intended to help
support PCT provider committees implement strong robust governance
arrangements in order to deliver the transformation of community
services.
Cases
R (Compton) v Wiltshire PCT [2009] EWHC 1824
(Admin) (Admin Ct). The court held that the PCT's decisions
relating to the closure of a day hospital and minor injuries unit
at a local community hospital had been properly made and were not
susceptible to judicial review on the grounds of apparent bias,
inadequacy of consultation, or irrationality.
If you wish to discuss any of the items raised in this section please contact David Owens.
Prison Health
Publications/Guidance
Working with older prisoners. This resource
pack provides information for peer support workers, disability
liaison officers, older offender and wing officers to implement
good practice ideas and set up activities for older prisoners. It
also provides useful reference material on organisations to
encourage prison workers to contact other agencies for information
and improve the quality of their information, advice and guidance
service for older prisoners.
If you wish to discuss any of the items raised in this section please contact Nadia Persaud.
Regulation
Cases
Yeong v General Medical Council [2009] EWHC 1923
(Admin) (Admin Ct). The court held that, when considering the
fitness to practise of a medical practitioner following his breach
of a fundamental rule governing the doctor and patient
relationship, the practitioner's efforts to address his problems
and reduce the risk of the recurrence of such misconduct could, in
certain circumstances, be given less weight than they would be
given in cases involving clinical errors or incompetence.
Saha v General Medical Council [2009] EWHC 1907
(Admin) (Admin Ct). The court held that the GMC's Fitness to
Practise Panel had been justified in finding that the failure of a
doctor, who suffered from hepatitis B, to provide information as to
his past employers was in breach of good medical practice and
constituted misconduct, by reason of which his fitness to practise
was impaired. The Panel had therefore been entitled to impose the
sanction of erasure of his name from the register.
Consultations
A joint consultation on the report to Ministers
from the DH Steering Group on the statutory regulation of
practitioners of acupuncture, herbal medicine, traditional Chinese
medicine and other traditional medicine systems practised in the
UK. Seeks views on whether a regulatory system should be
established to govern the practice of the specified complementary
and alternative therapies. Once the consultation responses have
been considered, a decision will be made on whether or not to move
towards statutory regulation of these professions. Any final
decision will be based on an assessment of the likely risk of harm
to patients and the public, and consideration as to whether this
harm could be reduced or avoided by other means. These factors are
all taken into account in the consultation as well as looking at
alternatives to statutory regulation. The consultation closes on 2
November 2009.
Consultation on new registration standards. The CQC is seeking views on draft guidance to providers what they will need to do to meet the new registration requirements. The consultation closes on 24 August 2009.
Bevan Brittan Updates
New registration system for health and adult social
care. The CQC will be implementing a new regulatory
scheme, which will be applying new requirements and standards to an
increasing range of services. It is important for all
providers to be aware of the changes, particularly as
accountability rests not just with the organisations but also their
senior officers. Neil Grant looks at the key changes.
Bevan Brittan Training
Preparing for the New Regulatory System. From
April 2010 onwards, the Care Quality Commission will extend the
scope of its regulatory remit over providers of health and adult
social care services in both the public and independent
sectors. All providers who undertake “regulated activities”
will be required to be properly registered under the Health and
Social Care Act 2008. The key changes will be:
NHS
Providers: registration which, to date, has been based solely
on compliance with the Code of Practice on Healthcare Associated
Infections (HCAIs), will be extended and measured against a new set
of requirements and standards governing all aspects of the running
of the organisation. These requirements will replace the
Standards for Better Health.
Social
Care and Independent Healthcare Providers: from October 2010
services will require registration under the 2008 Act, rather than
the Care Standards Act 2000.
This will mean:
A wider scope of services requiring registration.
The need to comply with a new set of registration requirements and
guidance, in place of the existing regulations and National Minimum
Standards.
Bevan Brittan is running two free training sessions on Preparing for the New Regulatory System at our London office from 10am -12.30pm on 15 October 2009 and at our Birmingham office from 10am - 12.30pm on 20 October 2009.
If you would like to attend the London session on the 15 October click here and if you would like to attend the Birmingham session on the 20 October click here.
If you wish to discuss any of the items raised in this section please contact Neil Grant.
General
Publications/Guidance
Reference guide to consent for examination or
treatment, second edition 2009. This document updates that
issued in 2001 and provides a guide to the legal framework that all
health professionals need to take account of in obtaining valid
consent for any examination, treatment or care that they propose to
undertake.
Allocation of organs to non-UK EU residents.
This independent report makes recommendations regarding the
clarification of the rules on organ transplants for NHS patients
and non-UK EU residents. It was commissioned by the former Health
Secretary Alan Johnson in March 2009, following concerns about the
number of organs from deceased UK donors being transplanted into
non-UK resident EU nationals each year. The report's
recommendations, which have been broadly accepted by the DH, will
help to ensure public confidence in the fairness and transparency
of the organ allocation system. Immediate steps will now be taken
to implement the report's recommendations, including:
seeking agreement from devolved health
administrations to ban all private clinical practice in the UK
involving solid organs donated after death within the NHS, from 1
October 2009;
establishing an implementation group
to work with NHS Blood and Transplant and commissioners of
transplantation to monitor referrals from overseas;
supporting the development of a new
liver allocation scheme to build greater transparency into the
allocation process;
developing DH guidance for transplant
centres to provide clarification on the eligibility criteria for
people from abroad; and
raising with colleagues across the EU
the need to build capacity or expertise in developing transplant
programmes in Member States or the building of reciprocal
agreements between neighbouring countries.
National Clinical Audit Advisory Group Annual Report 2008-09. The report summarises the advisory group's key achievements over the last year and outlines its forward plan for 2009-10.
Cases
R (on the application of Debbie Purdy) (Claimant) v
DPP (Defendant) & Society for the protection of unborn children
(Intervener) [2009] UKHL 45. The Code for Crown Prosecutors was
insufficient to satisfy the requirements of the European Convention
on Human Rights 1950 art.8 of accessibility and foreseeability in
assessing how prosecutorial discretion was likely to be exercised
in cases of assisted suicide under the Suicide Act 1961 s.2(1). The
Director of Public Prosecutions was required to promulgate an
offence-specific policy identifying the facts and circumstances
that he would take into account in deciding whether to consent to a
prosecution under s.2(1).
Consultations
The framework for responsible officers and their
duties relating to the medical profession: a consultation on
responsible officer regulations and guidance. Part 5A of the
Medical Act 1983 (inserted by s.119 of the Health and Social Care
Act 2008) sets out the framework for the functions of the
responsible officer in relation to the evaluation of the fitness to
practise of individual doctors (recommendations on revalidation and
referrals to the GMC). The role of responsible officers is integral
to improving the quality of care and ensuring a focus on the three
core components of quality described in High Quality Care for All:
patient safety; effectiveness of care; and patient experience. This
paper seeks views on draft regulations that set out the legal
framework for introducing responsible officers, together with
draft guidance that expands on the regulations
and describes the role that responsible officers will play in
supporting organisations and doctors. The consultation follows an
earlier consultation on the roles and responsibilities of
responsible officers which was published in July 2008. Comments are
required by 25 October 2009.
A joint consultation on the report to ministers
from the Department of Health steering group on the statutory
regulation of practitioners of acupuncture, herbal medicine,
traditional Chinese medicine and other traditional medicine systems
practised in the UK. This consultation seeks views on whether,
and if so how, to regulate acupuncturists, herbal medicine
practitioners and traditional Chinese medicine practitioners. It
focuses on the purpose of regulation (public protection) and
explains the difference between professional regulation (whether
statutory or voluntary) and system regulation. The consultation
closes on 2 November 2009.
Essence of care: a consultation on a new benchmark
on pain. Essence of Care is a structured system of benchmarks
widely used in various health settings. A focus group made up of
carers, patients and professionals have met to review the
benchmarks and this has led to a proposed new benchmark for pain
management. The DH are now opening this up for wider consultation.
A consultation has also been launched on the reviewed original
benchmarks. The consultation closes on 12 October 2009.
Towards a strategy to support volunteering in
health and social care: consultation. Response to the
consultation This document was published in response to 'Towards a
strategy to support volunteering in health and social care'
consultation. It sets out messages heard during the consultation
process through nine regional workshops held around England, an
on-line questionnaire and detailed written responses received by
the Department of Health. It sets out key themes identified, an
analysis of the feedback received, and outlines how the Department
of Health intend to take forward work to develop a substantive
strategy on volunteering in health and social care.
Changes to reporting procedures of overseas
visitors from the EEA. A letter advising NHS Chief Executives
that from 12 October 2009 the Department of Health will change the
arrangements which NHS Overseas Visitor Managers should follow in
recording and reporting treatments (including planned treatments)
of visitors from the European Economic Area (EEA) and
Switzerland.
News
Future of Independent Sector Treatment Centres.
The DH has announced changes to the ISTC programme. Wave One
contracts that are due to end from 2010 will be now reviewed on a
case-by-case basis and new services will be commissioned by the
local PCT where they are designed to meet local needs, provide
value for money and benefit patients in that community. Where the
NHS identifies an ongoing need for services, there will be a
competitive tendering process and bidders, including those from the
independent sector, will be invited to deliver services at NHS
tariff prices, under Payment by Results (PbR), for the services
they provide. Services will be delivered under the terms and
conditions of the standard NHS national contract for hospital
services.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
