07/08/2012
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
Winterbourne View Hospital - a serious case
review. South Gloucestershire’s multi-agency Safeguarding
Adults Board (SAB) has published the independent Serious Case
Review into the events at the Winterbourne View private hospital.
The review was commissioned by the SAB following the disclosure
last year of the abuse of adults with learning disabilities and
autism at the 24-bed private hospital owned and operated by
Castlebeck Ltd. Prepared by independent adult safeguarding expert
Margaret Flynn, the review shows that the abuse at Winterbourne
View Hospital resulted from serious and sustained failings in the
management procedures of Castlebeck Limited. It also identifies
where other organisations’ systems and procedures fell short in
commissioning patient care, and in reviewing and safeguarding the
wellbeing of patients before and during their stay at Winterbourne
View hospital.
Adult social care: LGO – the single point of
contact for complaints. The Local Government Ombudsman (LGO)
has published a report on lessons learned from complaints about
adult social care providers. The report aims to share insights
across a broad range of complaints to help improve services,
including making the complaints process more efficient, ensuring
vulnerable adults are protected and providing access to accurate
information to help make better care choices.
Caring for our future - reforming care and
support. This White Paper and the associated draft Bill (see
below) set out proposals for the reform of adult social care and
support. The proposals include:
a Universal Deferred Payments scheme
enabling councils to lend money to individuals that need care, and
to recoup the money when the house is sold after the person’s
death;
a legal entitlement to a personal
budget;
a duty to incorporate preventative practice and early intervention
in care services;
a number of new duties on local
authorities, such as a duty to develop and maintain a diverse range
of high quality care providers locally;
trailblazer areas to develop new ways
of investing in supporting people to stay active and independent,
such as Social Impact Bonds;
a national minimum eligibility
threshold for access to care, and a similar threshold for support
for carers;
pilots to test the benefits of direct
payments for people in residential care;
the transfer of £300m (£100m in
2013/14 and £200m in 2014/15) from the NHS to social care to
support the transformation of local services and promote better
integrated care for patients and service users; and
the NHS will be required to work with
local authorities and local carers' organisations to agree plans
and budgets to identify and support carers.
The DH has published a number of other documents alongside the
White Paper, including:
Draft Care and Support Bill: revokes and
replaces existing social care laws and provides the legal framework
for some of the main principles of the White Paper; it also
includes some health measures on the establishment of the Health
Research Authority and Health Education England. The Bill will be
introduced into Parliament in late 2013 with a view to it coming
into force in April 2015;
Caring for our future: progress report on funding
reform: the Government accepts the principles of the Dilnot
Commission's model. It intends to base a new funding model on these
principles but is unable to commit to introducing a new system at
this stage. Funding reform will be considered at the next Spending
Review; and
Reforming the law for adult care and support: The
Government’s response to Law Commission report 326 on adult social
care: formal response to the report that lays the foundations
for the legal framework set out in the draft Care and Support
Bill.
White Paper on social care and funding update - LGA
on the day briefing. Summarises the White Paper on the reform
of adult social care and the draft Care and Support Bill, and
highlights the key messages for local authorities.
Developing the use of direct payments in
residential care. The DH is calling for expressions of interest
from local authorities that would like to become trial sites for
developing the use of direct payments in residential care. The
closing date for submissions is 5 October 2012.
Undetected sight loss in care homes: an evidence
review. This review of sight testing and sight loss in care
homes found that lack of a national policy on eye health in care
homes leaves many older people without basic eye care. It reveals
that eye care and sight testing are neglected in care homes,
leading to potential discrimination against those living in them
compared to those who are cared for in the community. Back to top
If you wish to discuss any of the items raised in this section
please contact Carlton
Sadler.
Children
Publications/guidance
Health visitor teaching in practice: A framework
intended for use for commissioning, education and clinical practice
of practice teachers. This framework aims to improve
understanding of the role and the importance of the practice
teacher, their preparation and responsibilities in order to deliver
improved outcomes for children, families and communities aligned
with the health visitor programme and service vision.
Protecting children and young people: The responsibilities of all doctors. This guidance from the GMC aims to at support doctors who have to deal with a wide range of complex child protection issues. It makes clear the responsibilities of doctors in this area and advises where they can turn for support.
Better services, better value: children's services clinical working group - final clinical report. This report sets out a proposed model of care for the future of children’s health services in south west London. It makes a number of recommendations for improving children's health services including: establishing a world-class children's hospital locally; making paediatrics expertise available in specialist children's A&E departments; and the development of children's community services to support children and their families.
Guidance on registration of healthcare at
children's homes. This document is agreed joint guidance
between Ofsted and the Care Quality Commission about the
registration of children’s settings under the Care Standards Act
2000 and the Health and Social Care Act 2008, including children’s
homes that provide health activities. It clarifies what children’s
settings will need to register and how Ofsted and CQC will manage
this registration process.
Report of the Children and Young People’s Health Outcomes
Forum. This is a report from the Children and Young People’s
Health Outcomes Forum giving proposals on how health-related care
for children and young people can be improved.
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 Risk
Publications/Guidance
Falls prevention resources published by the Royal
College of Physicians. The Falls Prevention Resources pack
comprises a collection of quality improvement best practice
measures for assessing the impact of the number of falls in
clinical hospital wards as well as preventing and managing
falls.
Innovation and improvement in maternity
services. This study looks at examples of innovative practice
across England and shows how midwives are leading on improving
services for women and families and generating savings. It
concludes that it is possible to deliver high quality, safe and
effective care when midwives are engaged and lead on innovation and
emphasises the important role that clinical leadership plays in
enabling innovation and improvement to take place.
Developing and sustaining a practice based strategy
for reducing healthcare associated infections programmes:
evaluation report. This evaluation report looks at a programme
which aimed to enable clinically based project teams to implement a
strategy for developing, changing and evaluating practice to reduce
and prevent healthcare associated infections. It identified
clinical leadership; effective strategic support; clinical team
involvement; and use of practice development methods as key to
successfully reducing healthcare associated infections.
The safer management of controlled drugs. This is the fifth annual report on the governance of controlled drugs, looking at the data collected from 2011. The report examines how the CQC and their partners have improved the management of controlled drugs and how changes in healthcare legislation are affecting the arrangements for safer management of controlled drugs. It also reports on the progress that has been made with the recommendations outlined in the 2010 report. Further recommendations to assure the safety of people who use health and social care services have also been made. Also published is a self-assessment tool to help PCTs measure their performance and identify ways in which they can improve their management of controlled drugs and improve safety. It includes a series of detailed questions around the safe management of controlled drugs, which PCTs can use to score their current practices.
Effect of Clinical Decision-Support Systems (CDSSs) on care and costs. This study aimed to evaluate the effect of CDSSs on clinical outcomes, health care processes, workload and efficiency, patient satisfaction, cost, and provider use and implementation.
Advice on risk prediction and stratification activities. This guidance is aimed at NHS, social care and partner agencies on the use of risk prediction and stratification activities in relation to information governance and how this can be undertaken with a secure legal basis.
National Early Warning Score (NEWS). The
National Early Warning Score is a patient safety system consisting
of a standardised bedside chart which uses universally recognised
terminology to make it easier for clinical staff to recognise and
respond to a patient whose condition is deteriorating. The system
can be used in both acute and community care settings.
'How to' guides to monitoring quality during
transition. This series of 'how to' guides is designed to
assist current NHS organisations, and their supervisory and
regulatory bodies in responding to quality risks and failures
within a simple and single framework during this transition year.
The series of guides will assist the current supervisory structures
to maintain a focus on quality surveillance and assurance, provide
the tools to assist in interventions, and support to mitigate
service quality failures during 2012/13.
General damages awards to be increased by 10%.
The Lord Chief Justice has announced a 10% increase in general
damages awards to compensate for the pain, suffering, distress and
inconvenience of negligence, defamation and nuisance victims. The
increase will come into effect on 1 April 2013 at the same time as
the Legal Aid, Sentencing and Punishment of Offenders Act 2012
comes into force. Adrian Neale has prepared an article for
discussion on this topic. If you would like a copy please
contact Adrian
Neale.
The instruction of experts to give evidence in
civil claims 2012. The purpose of this guidance is to assist
litigants, those instructing experts and experts in understanding
best practice with regard to compliance with Part 35 of the Civil
Procedure Rules (CPR or the Rules) and the overriding objective.
Experts and those who instruct them should ensure they are familiar
with CPR 35 and its associated practice direction (PD or PD35).
End of life diabetes care. This strategy aims
to summarise a consistent but high-quality approach towards end of
life care for people with diabetes by providing a series of
clinical care recommendations. It builds on the Department of
Health's end of life care strategy whilst focusing on the special
issues and challenges provoked by end of life care for patients
with diabetes.
Consultations
Damages Act 1996: the discount rate - how should it
be set? This consultation relates to the methodology to be used
by the Lord Chancellor and his counterparts in Scotland and
Northern Ireland in independently setting the discount rate for
personal injury damages in their respective jurisdictions. The
consultation is aimed at people and organisations with an interest
in personal injury claims and damages in the UK. Deadline 23
October 2012.
News
Catherine Dixon, the head of the NHS Litigation
Authority, has stated that claims against the NHS are likely to
rise as cases are pushed through ahead of changes to the
conditional fee agreement structure which are due to be implemented
in April 2013. Ms Dixon added that the reforms will eventually
reduce the disparity between claimant and defence costs, but only
after a period when more claims have to be settled.
Medical report cost recovery in last-minute Jackson
change. The Legal Aid, Sentencing and Punishment of Offenders
Act has been amended to allow recoverability of after the event
premiums to cover the cost of expert medical reports in clinical
negligence cases. The amendment follows an equality impact
assessment which revealed that claimants could be prevented from
bringing a serious injury claim because of the cost of expert
reports.
Link between nurse staffing, burnout and hospital
infections. Nurse burnout leads to higher healthcare-associated
infection rates (HAIs) and costs hospitals millions of additional
dollars annually, according to a study published in the August
issue of the American Journal of Infection Control, the official
publication of the Association for Professionals in Infection
Control and Epidemiology (APIC).
Patients flood A&E as GPs cut surgery
hours. Millions of patients are unable to get GP appointments
in the evenings or at weekends as doctors cut back on out-of-hours
care, NHS figures suggest.
NHS trusts 'breaking the law' by denying access to
treatment. Chair of drugs rationing body says NHS trusts are
circumventing legal obligations to save money.
£1.2m payout for 'freak' growth woman. The High
Court has awarded £1.2m from an NHS Trust responsible for clinical
negligence which resulted in a young woman suffering excessive
growth, and associated physical and psychological problems, due to
a failure to diagnose a pituitary tumour.
Healthcare provider prosecuted after patient death.
The Health and Safety Executive (HSE) have prosecuted BMI
Healthcare Limited, of Hounslow, London, for safety failings
resulting in the death of Michael Walsh, 85, from Beaconsfield, in
Buckinghamshire on 13 February 2009. Mr Walsh suffered from
confusion and disorientation three days after an operation and fell
three-and-a-half metres from the balcony outside his private room.
He died from injuries including a fractured vertebra. The HSE
investigation found that the hospital had not assessed the risks of
patients falling from balconies in private rooms, or, taken
adequate measures to control this risk. BMI were fined £100,000 and
ordered to pay costs of £29,447. On 18 July 2012, Amersham Crown
Court heard BMI Healthcare Ltd plead guilty to breaching the Health
and Safety at Work etc Act 1974, s.3(1), which states "it shall be
the duty of every employer to conduct his undertaking in such a way
as to ensure, so far as is reasonably practicable, that persons not
in his employment who may be affected thereby are not thereby
exposed to risks to their health or safety".
The NHS in Wales faces a "Catch-22" situation because its
current services are unaffordable - but it may not have enough
funds to pay for major reforms either.
Health Service Ombudsman announces review of
approach to potentially avoidable death cases. The Health
Service Ombudsman, announced an external review of the way in which
her organisation handles cases involving potentially avoidable
death.
If you wish to discuss any of the items raised in this section please contact Joanna Lloyd or Julie Chappell.
Back to top
Commissioning
Publications/Guidance
Clinical commissioning group authorisation: Draft
guide for applicants. This document is designed to help
emerging CCGs develop clear plans to progress through the
authorisation process and become an authorised CCG. It provides a
detailed description of the criteria, thresholds and evidence for
authorisation and sets out the three phases of authorisation:
pre-application, application and Board Authority-led assessment. It
then sets out the timetable for applications in four waves and
outlines the possible outcomes: fully authorised; authorised with
conditions; and established but not authorised (shadow CCG).
Drug and alcohol recovery pilots: Lessons learnt
from co-design and commissioning with payment by results. This
document, which is aimed at local commissioners, partners,
providers and service users, outlines the key findings and lessons
learnt from the eight pilot areas that have worked with central
government and experts to co-design local ‘payment by results’
(PbR) models for drug and alcohol recovery services.
Clinical commissioning in action . This
publication shares learning from CCGs around England in the form of
case studies. Each case study illustrates an example of successful
outcomes and service provision.
When doctors and patients talk: making sense of the consultation. This report explores the main form of interaction between a patient and a clinician - the consultation. It offers an analysis of the current relationship and describes the potential for a more nuanced model for the consultation. It makes recommendations for commissioning bodies and service providers to develop programmes that will boost patient skills and confidence and also to support doctors who are keen to experiment with new ways of working.
Resources for clinical commissioning groups (CCGs). These resources are part of the CCG Learning Network that provides online support, resources and information for proposed CCGs. These include guidance and process documents, toolkits and other information around authorisation, governance, establishment and commissioning support.
COPD commissioning toolkit. This toolkit aims to make it easier to commission better outcomes for people with COPD by bringing together the clinical, financial and commercial aspects of commissioning in one place. Alongside the toolkit itself, service specifications and costing tools have also been published. It is part of the suite of tools and resources to help to implement the Outcomes Strategy for COPD and Asthma and NHS Companion document.
Commissioning Outcomes Framework (COF). NICE has
published a Commissioning Outcomes Framework (COF) that measures
the health outcomes and quality of care (including patient reported
outcome measures and patient experience) achieved by clinical
commissioning groups. The COF will allow the NHS Commissioning
Board to identify the contribution of clinical commissioning groups
to achieving the priorities for health improvement in the NHS
Outcomes Framework, while also being accountable to patients and
local communities. It will also enable the commissioning groups to
benchmark their performance and identify priorities for
improvement. The first set of 44 indicators have been recommended
by the COF Advisory Committee, covering areas such as enhancing the
quality of life for those with long-term conditions, and care for
those immediately after stroke and following hospital discharge. A
selection of final indicators will be considered by the NHS
Commissioning Board in Autumn 2012 for inclusion in the 2013/14
COF.
See also How to measure for improving outcomes: a guide for
commissioners. These two slide sets aim to help CCGs make the
best use of measurement to support them to commission for improved
outcomes. The first set of slides introduces general concepts about
approaches to measurement in health care, the uses of structure,
process and outcome indicators, and how to achieve a good mix of
indicators for commissioning. The second set looks specifically at
how commissioners can build up sets of measures along whole
pathways of care.
Consultations
Consultation on local authority health
scrutiny. Seeks views on proposals to update the arrangements
and regulations for local authority health scrutiny, to bring them
into line with changes introduced by the Health and Social Care Act
2012. The proposals include: local authorities and the NHS to agree
and publish clear timescales for making a decision on whether a
proposal should be referred; a new intermediate referral stage to
the NHS Commissioning Board for some service reconfigurations;
local authorities to take account of the financial sustainability
of services when considering a referral; and health scrutiny to
obtain the agreement of full Council before a referral can be made.
The consultation closes on 7 September 2012.
Sector regulation: an update on plans for
consultation and implementation. This paper provides a forward
look at proposed DH consultations, describing what the DH will
consult on and when. It also sets the consultations in context by
recapping the aims and key components of the health and care
modernisation programme as a whole, and of sector regulation in
particular. There is also a useful timeline.
Bevan Brittan Updates
Choice
& Competition Framework: Can Monitor and the Commissioning Board
fix the NHS market? Monitor and the NHS Commissioning
Board Authority are working together on a choice and competition
project with a view to launching a formal interactive Choice and
Competition Framework document by the end of this year. Their
laudable intention is to support commissioners in ensuring good
practice and promoting and protecting patient choice.
If you require further information about any of the items
raised in this section please contact
David Owens.
Back to top
Employment/HR
Publications/Guidance
Rapid access to treatment and rehabilitation for
NHS staff. Rapid access is a system which will secure
rehabilitation and occupational health treatment for NHS employees
with a view to facilitating a return to work which is as fast as
practical and reasonable. This guidance is intended for trust
boards making decisions about how to manage rapid access services
for staff in their organisation.
Pay framework for very senior managers in strategic and SHAs, PCTs and ambulance trusts. This framework has been updated to include the pay rates in the clustered SHAs.
How to use shift systems and workforce planning to effectively reduce costs. This guidance offers practical advice on effective ways to reduce agency costs through the use of workforce planning, shift systems and maintenance of appropriate staffing levels.
CfWI horizon scanning of future NHS workforce: briefing note. This briefing outlines the steps that the Government plan to take to promote change within the roles and skills mix in the NHS to improve access and quality, and reduce costs.
Ensuring education reform enhances patient outcome: providers' planning and driving a workforce budget of £5bn. This briefing looks at how the creation of Health Education England and Local Education and Training Boards provides the opportunity for employers to ensure that the £5 billion annual national investment in education and training delivers the best possible patient outcome.
Age discrimination ban in services and public
functions for service providers and customers. The Home Office
has published an updated guide in its series "Equality Act 2010:
What do I need to know?" that outlines the key changes in the law
made by the Equality Act 2010.
Consultations
Consultation on future of audit staff in
trusts. Seeks views on the future of quality assessment and
quality improvement of health care. It focuses on the role and
function of audit staff in trusts and not the ability and
achievements of existing staff. The consultation closes on 17
September 2012.
News
Doctors leaders maintain that national terms and
conditions are essential for doctors, amid signs of regional
negotiations for other hospital staff.
NHS must 'get a grip' on workplace wellbeing.
The Royal College of Nursing has said the Government must sit up
and take notice of a new survey which found nurse staffing and
workforce issues have a significant impact on satisfaction levels
and patient care.
Bevan Brittan Updates
Holiday
requests from sick workers: the debate continues. There has
been yet another chapter in the thorny issue of whether or not a
sick worker’s failure to request holiday affects their right to
carry over holiday. Following a further appeal in the case of NHS
Leeds v Larner [2012] EWCA Civ 1034 to the Court of Appeal,
Alastair Currie reviews the decision and the impact this could have
on holiday rights for sick workers.
News Round up: July 2012. Jane Wallenstein looks at some of the big employment stories of July 2012, including the announced decision to charge fees in the Employment Tribunal and Employment Appeal Tribunal; the most recent statistics in employment litigation; an update on the position regarding maternity leave and surrogacy and, finally, a recent case which has further clarified the difference between the definitions of worker and employee.
Redundancy: do less people need to be employed to justify a dismissal by way of redundancy? This question was considered recently by the EAT in the case of Packman t/a Packman Lucas Associates v Fauchon UKEAT/0017/12, as Victoria McNeel explains in this article.
If you require further information about any of the items raised in this section please contact Julian Hoskins or James Gutteridge.
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Estates and Facilities
Publications/Guidance
Collaboration between registered providers and NHS
trusts: building an asset. Under the healthcare reform plans,
the NHS is being asked to save £20bn from their budget. In order to
achieve this, the NHS is actively exploring ways in which it may
dispose of land it owns that is now surplus to requirements. This
briefing is aimed at those registered providers involved in
developing extra care housing and how they can better engage in the
process of the sale of NHS land due to come to the market in the
next few years.
If you require further information about any of the items raised in this section please contact Rob Harrison or Mark Calverley.
Back to top FinancePublications/Guidance
English hospitals can improve their use of
resources: an analysis of costs and length of stay for ten
treatments. This study assesses whether or not the higher cost
or length of stay is due to the type of patients that hospitals
treat. Looking at ten conditions, it examined the cost and length
of stay for every patient admitted to English hospitals during
2007/8. It found that even after taking account of age, disease
severity and other characteristics, patients in some hospitals
still had substantially higher costs or longer length of stay than
others.
If you require further information about any of the items
raised in this section please contact
David Owens.
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Consultations
The new NHS provider licence consultation. This
provider licence will be a key tool for regulating providers of NHS
services. It sets out various conditions providers must meet,
including conditions relating to: pricing; preventing
anti-competitive behaviour which is against the interests of
patients; enabling integrated care; supporting commissioners to
maintain service continuity; and the governance of foundation
trusts. This consultation seeks views on the provider licence and
it runs until 23 October 2012.
News
What else is coming up in the future? Over the coming
weeks and months Monitor will be publishing a number of
consultations and other documents related to their new role.
Bevan Brittan Updates
Health
and Social Care Act 2012: Key reforms to Foundation Trust
governance. The second Commencement Order for the Health
and Social Care Act 2012 has now been published, bringing a number
of key provisions into force on 1 October 2012. Foundation
Trusts and Aspirant Trusts will need to amend their constitutional
and governance arrangements to reflect the changes summarised in
this article.
Bevan Brittan Events
Health
& Social Care Bill Seminar: Provider regulatory issues for
Foundation Trusts - Exeter. 20 September 2012 : 10.00am -
12.30pm (Registration 9.30am). Location: The Rougemont Hotel By Thistle, Queen Street,
Exeter, EX4 3SP.
The health and social care act 2012 is becoming
reality as more provisions come into force and
while much attention is currently on the commissioner changes the
provision of services will also change significantly as the new
regime comes in. This seminar enables you to get on top of the
changes and gives you the keys to understanding the
future. register
your interest in this event.
If you require further information about any of the items raised in this section please contact Vincent Buscemi.
Back to top GovernancePublications/Guidance
NHS
Change Model. The model has been created to support the NHS to
adopt a shared approach to leading change and transformation. It
brings together collective improvement knowledge and experience
from across the NHS into eight key components.
Improved NHS services through new perspectives: a toolkit for doctors and managers to improve quality for patients. This online toolkit aims to help implement positive change in NHS trusts. It offers a way of improving productive working between doctors and managers in a series of steps that requires conversations between all parties and identifies any development required.
Advice on risk prediction and stratification activities. This guidance is aimed at NHS, social care and partner agencies on the use of risk prediction and stratification activities in relation to information governance and how this can be undertaken with a secure legal basis.
NHS internal audit standards. These standards ensure that those responsible for establishing, delivering and reviewing internal audit across the NHS continue to do so within a consistent framework. These recently published standards took effect from 1st April 2011, replacing the existing standards issued in 2002 and they apply to all NHS organisations. The standards are principles-based with additional interpretation to reflect the NHS environment and governance structures. These standards are aimed at providers of internal audit services.
If you require further information about any of the items
raised in this section please contact Deborah
Jeremiah.
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Publications/Guidance
Guide to health records access. The Patient
Information Forum (PiF) has released a guide to Personal Health
Records (PHRs) which highlights their benefits and sets out the
challenges practitioners, managers, and patient organisations will
face if they are to meet the government’s target of giving every
patient access to their GP records by 2015.
Information held by a public authority for the purposes of the Freedom of Information Act. This guidance explains when information is considered to be 'held' by a public authority, for the purposes of the FOI Act.
Advice on risk prediction and stratification activities. This guidance is aimed at NHS, social care and partner agencies on the use of risk prediction and stratification activities in relation to information governance and how this can be undertaken with a secure legal basis.
News
Sensitive details of NHS staff published by Trust
in Devon. A health trust in Torquay has been served with a
£175,000 penalty after the sensitive details of over 1,000
employees were accidentally published on the Trust’s website, the
Information Commissioner’s Office (ICO) announced today. Staff at
Torbay Care Trust published the information in a spreadsheet on
their website in April 2011 and only spotted the mistake when it
was reported by a member of the public 19 weeks later. The data
covered the equality and diversity responses of 1,373 staff and
included individuals’ names, dates of birth and National Insurance
numbers, along with sensitive information about the person’s
religion and sexuality. The ICO’s investigation found that the
Trust had no guidance for staff on what information shouldn’t be
published online and had inadequate checks in place to identify
potential problems.
If you wish to discuss any of the items raised in this section
please contact
James Cassidy.
Publications/Guidance
Challenging coroners' decisions - Commons Library Standard
Note. A House of Commons Library Standard Note sets out
information regarding how to complain about the level of service
received or the personal conduct of a coroner, and how to challenge
a coroner's decision or the outcome of an inquest.
If you require further information about any of the items raised in this section please contact Joanna Lloyd or Nadia Persaud.
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Mental Health
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 searchable extranet
designed to bring various sources of mental health information and
guidance into one place.
The extranet also contains a forum for use by members to share
knowledge and information. Forum issues currently being discussed
are:-
Wrong warrant Recall of cto but recall no longer
needed Renewal Query Consent to treatment provisions
If you would like information about how to access the Bevan Brittan
Mental Health Extranet please email
Claire Bentley by clicking here.
Training - If you would like to know about our lunch time training sessions just let Claire Bentley know. You can attend in London, Bristol or Birmingham.
Publications/Guidance
Winterbourne View Hospital - a serious case
review. South Gloucestershire’s multi-agency Safeguarding
Adults Board (SAB) has published the independent Serious Case
Review into the events at the Winterbourne View private hospital.
The review was commissioned by the SAB following the disclosure
last year of the abuse of adults with learning disabilities and
autism at the 24-bed private hospital owned and operated by
Castlebeck Ltd. Prepared by independent adult safeguarding expert
Margaret Flynn, the review shows that the abuse at Winterbourne
View Hospital resulted from serious and sustained failings in the
management procedures of Castlebeck Limited. It also identifies
where other organisations’ systems and procedures fell short in
commissioning patient care, and in reviewing and safeguarding the
wellbeing of patients before and during their stay at Winterbourne
View hospital.
Post-legislative scrutiny of the Mental Health Act
2007. The Government’s ‘Post-legislative assessment of the
Mental Health Act 2007′ has been laid before Parliament. Between 3
and 5 years after an Act of Parliament has received Royal Assent,
it is reviewed by the relevant Government Department and then by
Parliament, to see how the law has worked in practice. Once an
assessment has been submitted to Parliament it is for the relevant
Parliamentary Committee to decide what further investigations, if
any, it wishes to undertake. This process is called
post-legislative scrutiny. The assessment reviews the changes that
the 2007 Act made to the Mental Health Act 1983 and in particular
the issues that have been raised in connection with supervised
community treatment and independent mental health advocate
services. The 2007 Act amended the Mental Capacity Act 2005, to
introduce a new regime of deprivation of liberty safeguards. The
assessment therefore also considers the implementation of the
deprivation of liberty safeguards system.
National confidential enquiry into suicide and
homicide by people with mental illness: annual report - England,
Wales, Scotland and Northern Ireland. This update of an annual
report collects data on the number, trends and risk factors linked
to suicide, sudden unexplained death and homicide amongst mental
health patients in the UK.
Mental Capacity Act 2005, Deprivation of Liberty
Safeguards assessments - England, 2011-12, Third report on annual
data. This report provides information on uses of the
legislation across the whole year from 1 April 2011 - 31 March
2012. This report also references the expected figures included in
the planning assumptions made by the Department of Health.
Health and Social Care reform: Making it work for
mental health. This report published by the All Party
Parliamentary Mental Health Group highlights four areas of concern
in mental health: commissioning; lost decision making; integrated
care; and personalisation and patient choice.
Young people’s views and experiences of GP services
in relation to emotional and mental health. This research was
conducted to assess young people’s experiences of visiting their GP
in order to identify responses they would like in relation to their
mental and emotional health and what improvements are required to
enable them to have a better experience.
Mental health implementation framework. The
Government has published the Mental Health Implementation
Framework, which sets out what organisations can do to make the 6
high-level objectives of the mental health strategy No Health
without Mental Health a reality.
Ofsted: Good practice resource - Effective Child
and Adult Mental Health Services - Buckinghamshire County
Council. This example illustrates improving outcomes for
children through good commissioning practices and pooling budgets
to re-commission Tier 2 and 3 Child and Adolescent Mental Health
Services at Buckinghamshire CC.
Investment in mental health - Working age adult and
older adult reports. The working age adult and older adult
reports map the level of investment in mental health services in
England for 2011-12 for those age ranges.
2010/11 investment in mental health. These
reports present the results of a survey into investment in mental
health services. The analysis covers working age adults and older
people and compares the results with previous years.
Costs of eating disorders in England: economic
impact of anorexia nervosa, bulimia nervosa and other disorders
focussing on young people. This report aims to provide a
comprehensive view of the overall costs to society of eating
disorders in England, especially amongst young people, and the
costs to the NHS, employers and employees. It reveals that the
overall healthcare costs are estimated at £80-£100m; costs of
reduced GDP up to £2.9bn; and costs of reduced length of life and
health up to £6.6bn.
Consultation
Consultation on new safeguarding power. Seeks
views on a proposed duty on local authorities to make enquiries
where there is a safeguarding concern and on powers to support this
duty, e.g. a power of entry, enabling the local authority to speak
to someone with mental capacity who they think could be at risk of
abuse and neglect, in order to ascertain that they are making their
decisions freely. The consultation closes on 12 October 2012.
Consultation on funding allocations for independent
mental health services. In this consultation the Department is
asking for your views on options for distributing funding to local
authorities for Independent Mental Health Advocate (IMHA) services
and the Armed Forces’ compensation disregard. From April 2013 the
statutory duty and funding for commissioning IMHA services will
transfer to local authorities. These services are currently
commissioned by Primary Care Trusts. The consultation closes on 7
September 2012.
Law Commission: The defences of insanity and
automatism - A consultation. This consultation seeks views on
case law on the defences of insanity and automatism, whether the
current law causes problems in application in practice and, if so,
the extent of those problems.
Transforming the services of the Office of the
Public Guardian. This consultation seeks views on changes that
the Office of the Public Guardian is looking to make to deliver new
user friendly services that take advantage of digital technology to
assist in the making of Lasting Powers of Attorneys and in the
supervision of deputies.
News
Hillingdon Council to pay Steven Neary £35,000. A West
London council has been ordered to pay £35,000 to an autistic man
who was unlawfully detained in a care unit.
If you wish to discuss any of the items raised in the above section
please contact
Simon Lindsay.
Obesity
Publications/Guidance
Memorandum: An update on the Government's approach
to tackling obesity. This update was prepared for the Public
Accounts Committee. It outlines the government's approach to
tackling obesity in England.
If you wish to discuss any of the items raised in the above section
please contact
Julie Chappell.
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Primary Care
Publications/Guidance
The safer management of controlled drugs. This
is the fifth annual report on the governance of controlled drugs,
looking at the data collected from 2011. The report examines how
the CQC and their partners have improved the management of
controlled drugs and how changes in healthcare legislation are
affecting the arrangements for safer management of controlled
drugs. It also reports on the progress that has been made with the
recommendations outlined in the 2010 report. Further
recommendations to assure the safety of people who use health and
social care services have also been made. Also published is a
self-assessment tool to help PCTs measure their performance and
identify ways in which they can improve their management of
controlled drugs and improve safety. It includes a series of
detailed questions around the safe management of controlled drugs,
which PCTs can use to score their current practices.
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 survey of hepatitis C services in prisons.
This survey aims to collect basic information on what type of
services are provided in prisons for the diagnosis, treatment and
follow-up of prisoners infected by hepatitis C.
If you wish to discuss any of the items raised in the above section
please contact
Nadia Persaud.
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Public Health
Publications/Guidance
The role of local authorities in health issues.
From 1 April 2013 top tier local authorities will assume
responsibilities for public health, and Health and Wellbeing Boards
will be established as statutory committees responsible for
encouraging integrated working and joint strategies on health and
wellbeing. The Communities and Local Government Committee is
inviting submissions from interested parties on the future role of
English local authorities in health issues. The closing date for
submissions is 18 October 2012.
Preventing type
2 diabetes: risk identification and interventions for individuals
at high risk. This guidance is for everyone who is involved
identifying people at high risk of type 2 diabetes and in
preventing or delaying its onset.. This includes GPs, nurses and
other health professionals, as well as commissioners and managers
within the NHS, local authorities and the wider public, private,
voluntary and community sectors.
Healthy transport = healthy lives. This report urges doctors to play a key role in reducing car use and calls on the government to take a long-term view of transport policy to create the conditions that reduce demand for car use, while enabling a shift to more active and sustainable forms of transport.
Public health briefings for local government.
NICE has developed public health briefings for local authorities
and their partner organisations that provide advice on the public
health actions that are most effective and provide best value for
money. The first three briefings cover tobacco, workplace health and physical activity.
Structure of Public Health England. This
factsheet sets out how Public Health England will be structured to
achieve its ambitions of protecting and improving health and
wellbeing, while reducing health inequalities. It also shows the
proposed structure for when the organisation comes into being in
April 2013, and will be used as the basis for transition. It aims
to provide a guide for staff who will join the new agency and for
its partners.
Public Health England people transition policy. This
series of factsheets sets out the process and timetable for
handling the transfer, appointment and redeployment of staff from
sender organisations to Public Health England.
If you wish to discuss any of the items raised in the above section please contact David Owens.
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Regulation
Publications/Guidance
Winterbourne View Hospital - a serious case
review. South Gloucestershire’s multi-agency Safeguarding
Adults Board (SAB) has published the independent Serious Case
Review into the events at the Winterbourne View private hospital.
The review was commissioned by the SAB following the disclosure
last year of the abuse of adults with learning disabilities and
autism at the 24-bed private hospital owned and operated by
Castlebeck Ltd. Prepared by independent adult safeguarding expert
Margaret Flynn, the review shows that the abuse at Winterbourne
View Hospital resulted from serious and sustained failings in the
management procedures of Castlebeck Limited. It also identifies
where other organisations’ systems and procedures fell short in
commissioning patient care, and in reviewing and safeguarding the
wellbeing of patients before and during their stay at Winterbourne
View hospital.
Termination of pregnancy inspections. The findings of 249 individual inspection reports into providers offering termination of pregnancy services have been published by CQC. It investigated whether requirements, outlined in the Abortion Act 1967, are routinely met. The inspection found that adherence to the requirements varied across the country but that there is no evidence that any women had poor outcomes of care at any of these locations.
Consultations
The new NHS provider licence consultation. This
provider licence will be a key tool for regulating providers of NHS
services. It sets out various conditions providers must meet,
including conditions relating to: pricing; preventing
anti-competitive behaviour which is against the interests of
patients; enabling integrated care; supporting commissioners to
maintain service continuity; and the governance of foundation
trusts. This consultation seeks views on the provider licence and
it runs until 23 October 2012.
If you wish to discuss any of the items raised in this section please contact Carlton Sadler.
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General
Publications/Guidance
Interventions to reduced unplanned hospital admission: a
series of systematic reviews. This research study evaluated
several key interventions aimed at reducing unplanned admissions
and identified those which are most effective. It found that
unplanned admissions make up approximately 40% of hospital
admissions in England and can increase problems for health services
as they are costly, disruptive, and lengthen waiting lists.
National BAME Transplant Alliance Strategic Plan 2012/13 - 2014/15. The NBTA brings together people and organisations with in-depth knowledge of their communities to address the problem of low donor and transplant rates. This plan sets out their strategy to address the under-representation of black, Asian and minority ethnic (BAME) people on whole organ and bone marrow registers.
Healthy women, healthy lives? The cost of curbing access to contraceptive services This report is the result into an inquiry into restrictions of access to contraceptive services. It identified restrictions for women over 25; based on residence; and access to long-acting reversible methods of contraception through GP referrals. It makes recommendations to reduce inequality in access to contraceptive services for all.
The evaluation of the electronic prescription service in primary care. This interim report outlines the preliminary findings from the evaluation in early implementer sites for the Connecting for Health Evaluation Programme. It provides an initial evaluation of a new system that can provide electronic transmission of prescriptions from GP practices to community pharmacies.
Improved NHS Services through new perspectives – A toolkit. Guidance from the Centre for Innovation in Health Management with a toolkit for doctors and managers to improve quality for patients.
Remote prescribing via telephone, fax, video-link or online. This GMC guidance which came into effect on 23 July 2012 gives guidance on remote prescribing.
The way forward: strategic clinical networks.
This report sets out plans for a small number of national networks
to improve health services for specific patient groups or
conditions. Strategic clinical networks, hosted and funded by the
NHS Commissioning Board will cover conditions or patient groups
where improvements can be made through an integrated, whole system
approach. These networks will help local commissioners of NHS care
to reduce unwarranted variation in services and encourage
innovation. The conditions or patient groups chosen for the first
strategic clinical networks are: cancer, cardiovascular disease
(including cardiac, stroke, diabetes and renal disease), maternity
and children’s services, mental health, dementia and neurological
conditions.
Preparing for the Francis report: how to assure
quality in the NHS. This paper examines how the system of
quality assurance, including regulation, needs to evolve, the
principles on which it should be built and how it should operate.
It is intended to help to shape the debate about how quality can be
assured in future and inform how organisations at every level of
the system will respond to the challenges that the events at Mid
Staffordshire NHS Foundation Trust have highlighted.
Consultations
The
future of the Independent Living Fund (ILF). DWP is seeking
views on the proposal to close the ILF in 2015, and for local
authorities to take on the funding and responsibility for ILF
users’ care and support. The paper also discusses how closure could
be managed in a way which would minimise disruption to the care and
support needs of existing ILF users. The consultation closes on 10
October 2012.
Proposal to introduce an early access to medicines
scheme in the UK. This consultation is seeking views on
proposals to introduce a scheme in the UK that will provide access
to certain new medicines before they are formally licensed.
Comments are being invited until 5 October 2012.
Local Healthwatch regulations – a summary report of engagement. Healthwatch will be the new consumer champion for both health and social care. It will exist in two distinct forms – local Healthwatch, at local level, and Healthwatch England, at national level. Local Healthwatch will replace Local Involvement Networks (LINks), carrying forward the LINks functions while taking on new, additional functions. From April to June 2012 the DH sought views on issues around the local Healthwatch regulations. This report sets out the key issues that arose from discussions and provides information on the Department’s approach to the drafting of the regulations.
News
Health Secretary Andrew Lansley has accepted
recommendations from UK immunisation experts to extend the flu
vaccination programme to all children. Children in at- risk groups
- such as those with asthma, heart conditions or cerebral palsy -
are already eligible to receive the flu vaccine on the NHS. Once
the programme is up and running the vaccine will be offered to all
children aged two to around 17 years on the NHS.
Diageo agrees "multimillion dollar" settlement with
thalidomide victim. Australian thalidomide victim, Lynette
Rowe, has won a landmark compensation payment from the British
distributor Diageo. Lawyers told the Australian Supreme Court that
they had reached a confidential settlement in her case with Diageo.
The case against Grunenthal will continue in Australia.
Kent criticised over two adult social care
complaints. The LGO has found that Kent CC wrongly refused to
pay for short-term residential care for an elderly woman, and
delayed in providing services for a young disabled woman.
Bristol hospital trusts announce plans for £1bn
merger. The merger of University Hospitals Bristol Foundation
Trust (UHBFT) and North Bristol Trust (NBT) was approved by the
board of UHBFT.
The House of Lords Science and Technology
Committee have launched an inquiry into regenerative medicine -
methods to replace or regenerate human cells, tissues or organs in
order to restore (or establish) normal function.
Needle and syringe programmes: providing people who inject drugs with injecting equipment. This is an update of the NICE guidance on ‘Needle and Syringe programmes’ (PH18). This guidance was reviewed in 2011 and it was agreed that it should be updated. The final review decision can be viewed here.
Bevan Brittan Updates
What
can you do when a contractor is unable to deliver? Reports
published this week suggest that G4S, the private security firm
tasked with keeping the London 2012 Olympics safe and secure, may
be unable to supply all the guards it was contracted to deliver for
the games. Just 15 days before the opening ceremony, Theresa
May has asked the British armed forces to provide a further 3,500
troops to fill the feared shortfall.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
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