A quarterly update summarising recent Government publications, legislation, cases and other developments relevant to those involved in the care sector:




SEND - the perfect storm - Deborah Jeremiah

Connecting up the care: supporting London’s children exposed to domestic abuse, parental mental ill-health and parental substance abuse
Early neglect and trauma on children can have substantial negative outcomes later on in life. These potentially traumatic events are called adverse childhood experiences (ACEs). This report from the London Assembly Health Committee examines three ACEs that commonly co-occur (domestic violence and abuse, parental mental ill-health, and parental alcohol and drug misuse) to assess how access to and support from services could be improved.

Children and young people's experiences of care
The Care Quality Commission has published results of our 2018 children and young people's patient experience survey which reached 33,179 children and young people.

Universal approaches to improving children and young people’s mental health and wellbeing: short descriptions of interventions identified from the synthesis of systematic reviews
This report, and associated documents, summarises the evidence for the effectiveness of universal approaches to improving children and young people’s mental health and wellbeing. The documents are intended for strategic and operational leads, working on children and young people’s mental health.

If you wish to discuss any queries you may have around children please contact Deborah Jeremiah.

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Mental Health


Outrage at NHSE decision to delay new medication reviews
People with learning disabilities or autism will continue to suffer “serious side-effects” amid further delays to a national programme aimed at stopping overuse of medicines to control their behaviour, a former national clinical director has warned.


Bevan Brittan Updates

Case Summary: JK v A Local Health Board [2019] EWHC 67 (Fam) - Hannah Taylor

Projections of older people living with dementia and costs of dementia care in the United Kingdom: 2019–2040
To plan effectively for the care and support of people with dementia, it is important to understand the level of care likely to be required to meet future care needs and the associated care costs. This report, commissioned by Alzheimer’s Society, provides projections of the number of older people (aged 65 and over) living with dementia and the costs of health care, social care and unpaid care for older people living with dementia from 2019 to 2040 in the four countries of the United Kingdom.

Deprivation of liberty in the hospital setting: updated guide
The 39 Essex Chambers guide to deprivation of liberty in the hospital setting has now been updated, in particular to take account of the decision of the Supreme Court in Re D (A Child) [2019] UKSC 42.

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CQC Registration of Agencies- Carlton Sadler

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Coroner rules that tech giants must disclose dead teenager's data
Senior Coroner Andrew Walker has ruled that Facebook-owned Instagram and WhatsApp, as well as Snapchat, must divulge any material they hold that could shed light on the death of 14-year-old Molly Russell, who was found dead by her family at her home in north London in 2017. The orders are thought to be the first of this type made against technology giants in a British inquest.


Bevan Brittan Updates

Jail for witness failing to attend an inquest – practical advice for health and social care professionals

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Social Care


Assisted dying review rejected by High Court
The Divisional Court has refused an application for judicial review of assisted dying policy. The claimant, who has motor neurone disease, had requested that the court carry out a "detailed examination of the evidence" and to consider whether the ban on assisted dying was incompatible with human rights. The court held that the question was not one which could be resolved by the court because no objective, single, correct answer could be said to exist and courts were not the venue for arguments which have failed to convince Parliament.

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Social Care Reform

As well as seeking cross party consensus (but we have been waiting for the Green Paper for 2.5 years) there is a positive statement that “The Government is providing councils with an additional £1bn for adults and children’s social care in every year of this Parliament. In addition, the Government will consult on a 2 per cent precept that will enable councils to access a further £500m for adult social care for 2020-21”.

Plugging the leaks in the UK care home industry
A report from the Centre for Health and Public Interest (CHPI) identifies where each pound that goes into the care home industry ends up, by using a forensic study of the accounts of more than 830 adult care home companies, including the 26 largest providers.

Ethical care: a bold reform agenda for adult social care This report identifies the three main drivers of quality in social care and highlights some examples of innovative and high-quality care across England. In the context of a growing gap between life expectancy and healthy life expectancy, the report argues that we must broaden our ideas about what high-quality care consists of, to include improving people’s wellbeing as they age, and therefore activities designed to engender purpose, meaning and social connection.


Bevan Brittan Updates

Six key trends in the health and social care investment market

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Whistleblowing disclosures report
The General Medical Council (GMC) has joined with seven other healthcare professional regulators to publish an annual report on whistleblowing disclosures. The report covers the 12 months from April 2018 to March 2019 and shows that the GMC received 35 whistleblowing disclosures during that period. This was an increase on the previous year when 23 concerns were raised.


Bevan Brittan Updates

Transfer of Undertakings - Employment Tribunal Decision Concludes Workers are Protected

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Digital Health


Getting started with NHS login: the patient journey
This guide for health and care staff will help you to help patients access health and social care services that use NHS login.

Digital health care: our position
Digital technologies bring many opportunities to improve people’s health and experiences of services, but realising their potential will require investment and thoughtful implementation.

New social media techniques used to boost cancer screening rates

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Bevan Brittan provides support for independent sector providers across the healthcare, adult, social care and the children's social care and education sectors. For more than a decade we have been consistently ranked by Chambers UK Guide as a leading firm in Healthcare.

For more information please contact Adrian Neale or Carlton Sadler.

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