07/11/2011
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
When someone asks for your assistance to die: RCN
guidance on responding to a request to hasten death. The RCN
has launched new UK-wide guidance for nurses and health care
assistants on how to respond to requests from patients in relation
to assisted suicide.
Bevan Brittan Updates
(Older) people and sexuality - a care conundrum. The issue of
sexuality has become increasingly important in the approach
expected from caring and nursing professionals. This article
examines the legal framework, guidance and practical difficulties
in that approach.
If you wish to discuss any of the items raised in this section please contact Carlton Sadler.
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Children
Publications/Guidance
Surgery in Children: Are we there yet? This National
Confidential Inquiry into Patient Outcome and Death report
highlights the process of care of children less than 18 years of
age, including neonates who died within 30 days of emergency or
elective surgery on the same admission. The report takes a critical
look at areas where the care of patients might have been improved.
Remediable factors have also been identified in the clinical and
the organisational care of these patients.
Bevan Brittan Updates
Children - which decision counts? It is a well known
principle in English law that a competent adult’s refusal to
treatment cannot be overridden – no matter how unwise or
incomprehensible that decision may be. The same cannot always be
said in relation to children, who, as a society we consider must be
afforded an added protection against their own unwise or irrational
decisions.
If you wish to discuss any of the items raised in this section please contact Penelope Radcliffe or Deborah Jeremiah.
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Clinical Research
Publications/Guidance
Human bodies: donation for medicine and
research. This report sets out guidance to help people consider
the ethical acceptability of various ways of encouraging people to
donate, both for treatment of others and for scientific research.
It calls for a national or regional donor service to be set-up to
improve co-ordination of egg and sperm donation for fertility
treatment. It also includes recommendations in the areas of the use
of tissue in research and volunteering for clinical trials.
Uncertainty, evidence and irrecoverable costs:
informing approval, pricing and research decisions for health
technologies. This report is the result of research which
assessed the key principles for health technology appraisals. It
discusses the findings of this research and the implications for
health research and NICE health technology appraisals.
Older carers and involvement in research: why, what
and when? This briefing paper describes the views, experiences,
motivations and plans of six older carers who decided to stay
involved in research following their participation in a one year
project at the University of Nottingham funded by Macmillan Cancer
Support. The project was set up to study the experiences and main
support needs of older carers looking after someone with advanced
cancer and was designed to also encourage and facilitate the active
involvement of carers in the research process.
The Government plan for a secure data service: strengthening the international competitiveness of UK life sciences research. The document details the approach the Department of Health’s National Institute for Health Research and the Health and Medicines and Healthcare products Regulatory Agency is taking to address some of the key action points detailed in The Plan for Growth (March 2011). It will do this by creating a new service: the Clinical Practice Research Datalink.
If you wish to discuss any of the items raised in this section please contact Deborah Jeremiah.
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Commissioning
Publications/Guidance
Developing clinical commissioning groups (CCGs):
towards authorisation. This guidance is aimed at CCGs or those
who are considering becoming CCGs. It outlines early steps for the
authorisation process and provides contextual information for the
long-term development of commissioning in the reformed NHS.
Consultant physicians working with patients: the
duties, responsibilities and practice of physicians in
medicine. This publication provides information on
commissioning, service organisation and standards, workforce
requirements and job plans for 28 medical specialties. It is aimed
at commissioners, planners, hospital trusts, regional advisers,
specialty leads and individual doctors, as well as government
departments and leading healthcare bodies.
Guides for commissioners: cardiac rehabilitation
services and services for people with chronic heart failure.
This guidance aims to support commissioners in designing high
quality, evidence-based services to improve outcomes for patients
and to help the NHS make better use of its resources.
If you require further information about any of the items
raised in this section please contact
David Owens.
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ComplaintsPublications/Guidance
Listening and learning: the Ombudsman's review of
complaint handling in the NHS in England 2010-11. This report
features previously unpublished information about complaints that
the NHS has failed to resolve locally. It reveals which NHS trusts
and which regions in England generated the most complaints to the
Ombudsman's Office (the second and final stage in the NHS
complaints system) during the year. It also highlights the most
common reasons for people to complain, and includes complaints
information on every trust across the country.
Responsive and accountable: the Ombudsman’s review
of complaint handling by government departments and public bodies
2010-11. This review of complaint handling by government
departments and public bodies examines the financial cost of
complaints and the different complaint handling stages across
departments.
Consultations
Implementing a 'Duty of Candour': a new contractual
requirement on providers - Proposals for consultation. Seeks
views on a new contractual requirement on NHS providers to be open
with patients when things go wrong with their healthcare. This
forms part of the Government’s plans to modernise the NHS by making
it more accountable and transparent. The contractual Duty of
Candour will be an enforceable duty on providers to ensure they are
open and honest with patients or their families and provide them
with information on any investigations and lessons learned. The
consultation closes on 2 January 2012.
Cases
R (TA) v North East London NHS Trust (Unreported, 1 November 2011)
(CA). The Court of Appeal upheld a refusal to grant permission for
judicial review of the NHS Trust's decision not to investigate an
individual's complaint about a medical report where an
investigation would require the Trust to access medical records of
his former wife without her consent.
Bevan Brittan Events
Claims and complaints forum. 06 December 2011.
If you require further information about any of the items raised in this section please contact Julie Chappell.
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Employment/HRPublications/Guidance
Updated guidance on industrial action by other
unions. The Royal College of Nursing has published updated
advice for RCN members who may be at work when industrial action is
taken by their work colleagues in other unions. The guidance
outlines the position of RCN members in respect of particular
industrial action, and advises what approaches they should take
relating to their own contract of employment, while ensuring that
they do not undermine the lawful, industrial action taken by trade
union colleagues.
Health professional mobility and health systems:
evidence from 17 European countries. This publication offers
policy-makers evidence of the nature and extent of health
professional mobility in the EU, analyses its impact on country
health systems and outlines some major policy strategies to address
mobility.
NHS General Dental Practitioners (GDS/PDS Providers
& Performers) A Guide to the NHS Pension Scheme (England &
Wales). This is the latest guidance provided to dentists around
superannuation.
NHS Pay Review Body: review for 2012. This
document contains written and statistical evidence from the Health
Departments for the United Kingdom of Great Britain and Northern
Ireland.
Professionalism in healthcare professionals. This report focuses on three HPC-regulated professions: chiropodists / podiatrists, occupational therapists and paramedics, and explores their understanding of what professionalism means and how it develops. The study also looks at perceptions of unprofessional behaviour as well as the contribution of standards, context and role models.
A call to action - Health visitor implementation
plan summary progress report. This report sets out progress on
key areas since April 2011 for the Department of Health's four-year
transformational programme of expanded and refocused training,
recruitment and retention, professional development and improved
commissioning, as part of the plan to improve public health.
Information for the review body on doctors' and
dentists' remuneration - Review for 2012. This document
provides information for the body reviewing the pay uplifts for all
doctors and dentists who work for the NHS.
Retaining your health visitor workforce. This document brings together suggestions and tips to help human resources, line managers and staff side representatives work together to develop a retention strategy health visitors as the number of health visitors has been in decline in recent years.
Cases
Barts & The London NHS Trust v Verma [2011] EWCA
Civ 1129 (CA). The Court of Appeal held that a doctor changing
from a part time post to a full time post that was lower paid was
under the NHS Terms and Conditions of Service, was entitled to pay
protection only in respect of the hours worked in her previous post
and not for the full time hours worked in the new post.
Shah v General Dental Council (Unreported, 1 November 2011) (Admin Ct). The court held that it was not appropriate to vary an order imposed by the General Dental Council removing a dentist's name from the register where his denial of the allegations disclosed a lack of insight and remorse for his actions.
Consultations
The
NHS constitution and whistleblowing - Consultation report. This
report sets out the findings from the 2010 consultation on the NHS
constitution and whistleblowing.
GMC
consults on two future pillars of medical professionalism:
continuing professional development guidance and revalidation
regulations. The GMC has set out new proposals for how it will
support doctors' professional development, and what will be
expected of doctors themselves, in two consultations launched.
Department of Health NHS staff tracking survey
launched. The Department of Health wishes to gauge NHS staff
awareness around a range of key issues including major NHS policy
initiatives, and attitudes towards them. It is therefore conducting
a survey across a range of NHS staff of different grades and in
different job roles across England.
Consultations on continuing professional development
guidance and revalidation regulations. The GMC has set out
proposals for how it will support doctors' professional
development, and what will be expected of doctors themselves. The
first consultation asks for feedback on what doctors and employers
should be doing on CPD and how the GMC can support doctors in
keeping up-to-date. The second consultation seeks views on the
supporting regulations that will set out the legal powers, rights
and responsibilities which underpin the revalidation process.
Consultation on student fitness to practise and registration. The HPC are seeking the views of all stakeholders on the most effective way of assuring the fitness to practise of students. This includes seeking views about the voluntary registration of student social workers in England. The deadline for responses to the consultation is 2 March 2012.
News
EU rules on foreign doctors 'putting patients at
risk' say Lords. The Telegraph reports that the Secretary of
State for Health is to announce plans to introduce mandatory
English language tests for foreign doctors wanting to practice in
NHS hospitals and clinics. Amendments will be made to the Medical
Act so that local NHS trusts have a duty to check the language
skills of foreign-trained doctors before they can be
employed.
If you wish to discuss any of the items raised in this section please contact Julian Hoskins or Sarah Michael.
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Estates and Facilities Publications/GuidanceDisposal strategy - Land for housing. The NHS has one of the single largest estates in England. Given its size and constant change, the NHS will own land which is no longer required, nor likely to be needed for health service purposes in the future. The initiative to accelerate the release of public sector land for development was announced on 8 June 2011 by the Minister of State for Housing and Local Government. This document sets out the DH's strategy on how this is going to be achieved.
If you require further information about any of the items raised in this section please contact Rob Harrison or Mark Calverley.
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Finance
Publications/Guidance
Product pricing project. In April 2011, Jim
Easton, National Director of Improvement and Efficiency, wrote to
NHS Chief Executives inviting them to join a Product Pricing
Project. This pilot benchmarking exercise was to examine the prices
paid by individual trusts for the same goods, and promote the
greater transparency between trusts that is needed to deliver
greater efficiency, as well as demonstrate the benefits of trusts
sharing their pricing information. The attached document is the
Foundation Trust Network's summary report of the results.
Managing high value capital equipment in the NHS in
England. This report finds that high value equipment in the
NHS, such as MRI and CT scanners, is worth around £1bn, but the way
this equipment is bought and used is not providing value for money
for the taxpayer. It finds that the procurement and management of
such equipment is fragmented and uncoordinated, leading to wasted
resources and variable standards of services. It concludes that
half of the machines in use will need replacing over the next 3
years, at a cost of £460m.
If you require further information about any of the items
raised in this section please contact
David Owens.
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Foundation Trusts
Publications/Guidance
Achievement of Foundation Trust status by NHS
hospital trusts. This report by the National Audit Office
states that many NHS trusts need to tackle a range of financial,
quality and governance issues if they are to meet the standards
required of them to become self-governing foundation trusts by
2014. The Department of Health and the NHS will now have to decide
how they will deal with those facing the most severe problems.
Bevan Brittan Events
Governance for Foundation Trusts 8
December.
If you require further information about any of the items
raised in this section please contact Vincent
Buscemi.
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Governance
Publications/Guidance
NHS information governance — Effective management
of records during a period of transition or organisational
change. The Department has issued guidance on records
management for those NHS organisations who will be going through a
period of transition or organisational change. It is essential that
steps are taken to ensure that records are managed appropriately in
relation to those functions that will still need to be carried out
for the provision of services relating to efficient patient care.
Those functions that are no longer going to be required will still
need to be managed carefully in order to ensure that legal
obligations are met, valuable knowledge is retained and historic
valuable data is preserved. Organizations will need to consider
developing an action plan that should outline procedures for
destruction, transfer or archival of information as soon as it is
practicable. This should help organisations in managing risks that
may arise during the transition period.
Operating principles for health and wellbeing
boards. The Health and Social Care Bill 2011 currently
establishes health and wellbeing boards as committees in upper-tier
local authorities, responsible for encouraging integrated working
and developing Joint Strategic Needs Assessments and joint health
and wellbeing strategies. National organisations representing the
membership of health and wellbeing boards have developed a set of
principles for establishing the boards. The operating principles
and accompanying narrative have been designed to support the
effective establishment and functioning of health and wellbeing
boards. They are intended to help board members consider how to
create really effective partnerships across local government and
the NHS.
Bevan Brittan Events
Governance for Foundation Trusts. 08 December 2011.
If you require further information about any of the
items raised in this section please contact Vincent
Buscemi.
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Health and Safety
Publications/Guidance
Commission on improving care in dignity for older
people: consultation response. This document is RCP's
submission to a consultation on dignity in care. The response sets
out how RCP thinks patient safety and the care for older people can
be improved.
Safety first: Mobility of healthcare professionals in the EU. This report says that the rules which allow healthcare professionals to practise throughout the EU pose an unacceptable risk to the safety of patients.
News
New hospital mortality indicator to improve
measurement of patient safety. The new Summary Hospital-level
Mortality Indicator (SHMI) compares the actual number of patients
who die following treatment at a trust with the number who would be
expected to die, given the characteristics of the patients treated
there.
If you wish to discuss any of the items raised in this section please contact Joanna Lloyd.
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Information Law
Publications/Guidance
NHS information governance — Effective management
of records during a period of transition or organisational
change. The Department has issued guidance on records
management for those NHS organisations who will be going through a
period of transition or organisational change. It is essential that
steps are taken to ensure that records are managed appropriately in
relation to those functions that will still need to be carried out
for the provision of services relating to efficient patient care.
Those functions that are no longer going to be required will still
need to be managed carefully in order to ensure that legal
obligations are met, valuable knowledge is retained and historic
valuable data is preserved. Organizations will need to consider
developing an action plan that should outline procedures for
destruction, transfer or archival of information as soon as it is
practicable. This should help organisations in managing risks that
may arise during the transition period.
If you wish to discuss any of the items raised in this section please contact James Cassidy.
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Mental Health
NEW! Bevan Brittan Mental Health Extranet. Free resource for Bevan Brittan NHS clients. Bevan Brittan has a wealth of mental health knowledge it would like to share with NHS clients. We have therefore developed an online extranet designed to bring various sources of mental health information and guidance into one place.
There is also a forum on the extranet for use
by members to share knowledge and information. Some of the issues
currently being discussed are:-
Mental
Health Act Scrutiny Committees
When
an urgent DOLs authorisation starts
s117
and best practice issues
Charging
Policies
Appointment/reappointment
and review of Hospital Managers.
If you would like more information about how to access the Bevan Brittan Mental Health Extranet please email Claire Bentley by clicking here.
Publications/Guidance
Inpatients formally detained in hospitals under the Mental
Health Act 1983 and patients subject to supervised community
treatment, Annual figures, England 2010/11. This bulletin
summarises information about uses of the Mental Health Act 1983 for
2010/11, based on the KP90 collection. It includes information from
high security psychiatric hospitals as well as from other NHS
service providers and independent hospitals. The latest figures for
2010/11 suggest that the number of people subject to restrictions
under the Mental Health Act continues to rise. Whilst the number of
formal admissions for treatment and new Community Treatment Orders
(CTOs) has decreased since the previous reporting period, the
overall number of people remaining in detention or subject to a CTO
is higher than before. The number of uses of Place of Safety Orders
has also increased. The figures also show major changes in the
number of formal detentions, uses of Place of Safety Orders and
CTOs.
Being sectioned (in England and Wales). This
leaflet was produced by the Royal College of Psychiatrists in
November 2011.
Payment by results - Draft 2012-13 mental health
guidance. This draft guidance is intended for all NHS
organisations providing mental health services in preparation for
2012-13 and all commissioners of mental health services.
Independent Advisory Panel statistical analysis of
all recorded deaths: 2000-2010. The IAP has published their
statistical analysis of all recorded deaths in state custody
between 1 January 2000 and 31 December 2011. This represents an
important piece of work for the Panel as this is the first time
that all recorded deaths in state custody will be broken down by
ethnicity, gender, age and cause of death, and presented together
in a single format.
Autism spectrum disorders in children and young
people: recognition, referral and diagnosis. This NICE
guideline makes recommendations towards the establishment of local
multi-disciplinary teams to improve the diagnosis and assessment of
children and young people with autism.
Suffering in silence. This report presents findings of research which found that over 35,000 mothers are suffering with undiagnosed postnatal depression each year. It also reveals that many healthcare professionals - including GPs - need to do more to diagnose postnatal depression early and ensure mothers are being provided with appropriate and timely treatment.
Enhancing recovery rates in IAPT services: lessons
from year one data. This report looks into the reasons for the
variability in performance between sites and presents ‘lessons
learnt' that IAPT service managers can draw on to further improve
prospects for patient recovery. The summary is a 2 page document
that presents headline information and key lessons learnt. This
should be particularly useful to clinicians and service
managers.
Response to the offender personality disorder
consultation. The response to the Offender Personality Disorder
Pathway Implementation Plan describes the responses and sets out
the next steps in developing services for offenders with severe
personality disorders in the NHS and Criminal Justice System.
PbR update – October 2011. This is the seventh update
from the Department’s Payment by Results (PbR) team. The purpose of
these updates is to keep colleagues in the NHS and other interested
parties informed throughout the year about our team’s work. This
month’s update includes information on: Development of the 2012-13
tariff, mental health care clusters, Audit Commission annual
report, Best Practice Tariffs (BPTs), HIV Adult Outpatients,
Ambulance Services and Reference Costs.
Improving access to social care for adults with
autism. This guide looks at how social care services can
improve access to adults with autism. It is based on research that
explores the barriers to services experienced by people with
autism. It covers people with autism, whether or not they also have
a learning disability. The guide suggests ways services can
improve, identifying how best to meet the goals of the government's
autism strategy.
2010/11 working age adult and older adult National
Survey of investment in Mental Health Services. This is the
tenth annual working age adult (WWA) report presenting the results
of the finance mapping exercise. It provides details of the level
of investment in mental health services for WAA (aged 18-64) in
England for 2010/11 and compares it with the reported results in
previous years.
Completing the revolution: transforming mental
health and tackling poverty. This report concludes that the decision more than 30
years ago to close big mental hospitals and treat patients in the
community has failed to help the most vulnerable. It makes
recommendations in ways to improve care for those with mental
illnesses, particularly in light of the transition to Clinical
Commissioning Groups.
Cases
R (Sessay) v South London and Maudsley NHS
Foundation Trust [2011] EWHC 2617 (QB). Two police officers
entered the home of the claimant. They did not have a warrant and
relied on s.5 MCA 2005. The court found that the MHA 1983 provides
a complete statutory code for compulsory admission to hospital of
non-compliant incapacitated patients. The common law principle of
necessity did not apply in this context. The claimant's detention
was unlawful and in breach of Art.5 ECHR and she was entitled to
damages. The court made a declaration that:
1. Sections 135 and 136 of the Mental Health Act 1983 are the
exclusive powers available to police officers to remove persons who
appear to be mentally disordered to a place of safety. Sections 5
and 6 of the Mental Capacity Act 2005 do not confer on police
officers authority to remove persons to hospital or other places of
safety for the purposes set out in sections 135 and 136 of the
Mental Health Act 1983.
2. The Claimant's removal to hospital by the Second Defendant's
officers on 7th August 2010 was unlawful and breaches her rights
under Article 5 and Article 8 ECHR.
A Local Authority v PB [2011] EWHC 2675 (COP). The Court of
Protection held that it was in D's best interests to remain in the
current placement. A trial of unsupported contact in the day with
the mother was also in D's best interests.
If you wish to discuss any of the items raised in the above section
please contact
Simon Lindsay.
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Obesity
Publications/Guidance
Healthy lives, healthy people - A call to action on
obesity in England. This document sets out how a new approach
to public health will enable effective action on obesity and
encourage a wide range of partners to play their part.
If you would like more information about this section please contact Julie Chappell.
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Primary Care
Publications/Guidance
Social determinants of health ? what can doctors
do? This report explains how doctors can use their expertise to
act as community leaders to tackle this issue and explores how the
social determinants of health are factors that impact on health and
well-being for which there is little control. It emphasises that
while not every doctor has the opportunity to change the life
course of individual patients they can make a difference in others
ways to reduce health inequalities on a local, regional, national
and international level.
Making difficult choices: ethical commissioning
guidance to general practitioners. This guidance is aimed at
GPs who will have a role in CCGs. It provides advice on ethical
issues which may arise in the process of commissioning for GPs such
as how to allocate resources fairly and addressing potential
conflicts of interest.
Supporting carers: an action guide for general
practitioners and their teams. This guide offers advice on
identifying carers, understanding their needs and involving them in
the planning of care, along with real-life case studies and
practical tools to help practice teams in their work.
Legislation
Draft Health and Social Care Act 2008 (Regulated
Activities) (Amendment) Regulations 2011. These regulations,
after they come into force on 30 November 2011, amend SI 2010/781
so that providers of NHS primary medical services that provide out
of hours services to patients who are not registered with the
provider will be required to register with the CQC from 1 April
2012. All other providers of NHS primary medical services will be
required to register with the CQC from 1 April 2013 rather than 1
April 2012. The SI also revokes a number of spent provisions.
News
PCTs should be notifying the NHSLA's FHS Appeal Unit of any
decisions made under the Performers Lists Regulations, and where a
decision is changed on review or appeal, or a suspension lapses,
PCTs should notify the Authority accordingly. All notifications
must be compliant with Regulation 16(4). In addition, PCTs should
be completing fitness to practise checks using the Authority's web
service.
Bevan Brittan Updates
The withdrawal of life sustaining treatment. Consideration of
the case of W-v-M and S and A NHS Primary Care Trust, EWHC 2443,
28/09/11, the first in which a court was asked to consider whether
it was in the best interests of a patient in a 'minimally conscious
state' to withdraw life sustaining treatment.
If you wish to discuss any of the items raised in the above section please contact David Owens.
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Prison Health
Publications/Guidance
National guidance on commissioning sexual health
and blood borne virus services in prisons. This document
identifies priorities that commissioners and prisons need to
address in partnership to achieve an improvement in services. It
highlights key issues that commissioners of sexual health services,
clinicians and prison staff need to consider in order to improve
sexual health and blood borne virus services in their local
prisons.
If you wish to discuss any of the items raised in this section
please contact
Nadia Persaud.
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Regulation
Publications/Guidance
The Equality and Human Rights Commission have
joined forces with the Care Quality Commission (CQC) to produce
equality and human rights guidance for compliance inspectors and
registration assessors. The guidance is aimed at ensuring
people who are most vulnerable to harm have their rights upheld and
respected. The guidance will help CQC inspectors to clearly link
equality and human rights compliance with high-quality, safe
services and shows them what they have to look for when monitoring
a care provider against standards. The guidance also lets
inspectors know what to do if they suspect a human rights violation
or find a breach in standards.
Professionalism in healthcare professionals. This report focuses on three HPC-regulated professions: chiropodists / podiatrists, occupational therapists and paramedics, and explores their understanding of what professionalism means and how it develops. The study also looks at perceptions of unprofessional behaviour as well as the contribution of standards, context and role models.
Consultations
Regulatory fees scheme consultation. CQC are
consulting about changes to the fees it proposes to charge
providers of health and adult social care services for 2012/13. The
consultation sets out proposals to extend the fees scheme to
providers of out-of-hours services, who will register for the first
time with CQC from April 2012, and adjust parts of the existing
scheme. The consultation also sets out CQC’s strategic approach to
fees for future years, which will involve more detailed
consultation over the next year for phased implementation from
2013/14 onwards. This consultation will be welcoming comments until
28 December 2011.
Market entry by means of pharmaceutical needs assessments and quality and performance (market exit). The Department of Health are inviting comments in a consultation on the regulation and provision of pharmaceutical services in England.
News
Victim Support to give helping hand to GMC witnesses.
The GMC and Victim Support have launched a joint initiative to
provide independent emotional and practical support to witnesses
who attend GMC hearings.
If you wish to discuss any of the items raised in this section please contact Carlton Sadler.
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General
Publications/Guidance
National report for the dignity and nutrition
inspection programme. This report by the CQC summarises the
findings of 100 unannounced inspections of NHS hospitals which took
place between March and June, looking at whether the essential
standards of dignity and nutrition were being met on wards caring
for older people.
Tackling violence and antisocial behaviour in the NHS. NHS Protect has signed a three-way agreement with the Association of Chief Police Officers (ACPO) and the Crown Prosecution Service (CPS) to curb violence and anti-social behaviour in the NHS. The Joint Working Agreement will promote and support local arrangements and seek to implement best practice. Tackling violence and antisocial behaviour in the NHS will help the three organisations to develop closer working relationships and solutions at a local level, to target local issues. It will also enhance communication between them.
When a person dies: guidance for professionals on
developing bereavement services. This publication covers the
principles of bereavement services, along with bereavement care in
the days preceding death, at the time of death and in the days
following death. It also includes guidance on workforce and
education and the commissioning and quality outcomes of bereavement
care.
Not a one way street: research into older people's experiences of support based on mutuality and reciprocity. This paper outlines interim findings from an action research project called Not a one-way street, which is part of the Better Life programme. The project focuses on the various ways in which older people with high support needs take up active roles within different support arrangements based on 'mutuality and reciprocity'.
Right to provide – your questions answered. As staff and organisations work to develop expressions of interest in the right to provide scheme, the DH have compiled a set of the questions that are being asked most commonly, and provided answers and links to further information where possible.
Liberating the NHS: Greater choice and control - Government response to the choice consultation on choosing a named consultant-led team. This document sets out the department's response to the questions associated with choice of named consultant-led team in the Liberating the NHS: Greater choice and control consultation.
Cold Weather Plan for England. This Plan provides advice for individuals, communities and agencies on how to prepare for and respond to severe cold weather as part of wider winter planning. The DH has also announced the ‘Warm Homes, Healthy People’ fund for local authorities and charities to address cold housing. Bids will be invited for innovative new ways to help vulnerable older people, people with disabilities or families with young children – reaching those falling through the gaps of existing schemes.
Patient outcomes in surgery: a report comparing
Independent Sector Treatment Centres and NHS providers. This
report found that NHS patients undergoing elective operations in
dedicated independent sector units report better outcomes than
those seen by NHS hospitals treating emergency and elective
patients. However, the report also found these differences reflect
that those patients seen by independent sector treatment centres
tend to be younger, in better health before their operation and
from more affluent areas than those seen by NHS hospitals.
Consultations
Good medical practice 2012 - consultation. The GMC has
released a revised draft of this core guidance for doctors and are
inviting comments. The consultation closes on 10 February 2012.
News
‘Health tourists’ will pay the price for their NHS
debts. Changes in immigration rules will allow the UK Border
Agency to refuse entry or stay in the UK to those subject to
immigration control with outstanding unpaid NHS charges of £1,000
or more. This change will be phased in from the 1 November.
Patient data to be used to fight disorder. The FT reports that a new Government strategy for tackling gangs includes the recommendation that medical staff in accident and emergency wards should ask injured patients how their wounds were inflicted before passing that information to police to help build a picture of what is happening on the streets. Dentists will be told to report incidents of young people with teeth knocked out.
Record low for mixed sex accommodation. New data published by the DH shows that mixed sex accommodation in the NHS has fallen by over 90% in under a year. For more details, see the statistical press notice.
Minister gives kick-start to volunteering at launch
of vision and fund. The Care Services Minister has announced a
new vision for volunteering in health and social care. Volunteers
play a crucial role in health and social care services; to support
this, up to £2.6m will be available for national volunteering and
social action projects in 2012. Fifty-one local projects have been
approved, with a combined value of approximately £2.5m. The funding
is given to projects that meet one of four key themes: improving
health and social care; delivering better health outcomes;
improving public health; and a patient-led NHS. This press release
lists the funding awarded to local organisations.
Bevan Brittan Events
Claims and complaints forum. 06 December 2011
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
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