09/09/2026

Bevan Brittan provides high quality, comprehensive advice to the NHS, independent healthcare sector and local authorities. This update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, both in the NHS, independent sector and local authorities which have been published in the last month. 

Training Events

Housing

Acute and urgent Care

Information Sharing /Data

Children/young people

Inquests and Inquiries

Clinical Risk/Patient Safety

Mental Health

Commissioning and Integrated Care

Primary Care

Digital Health

Social Care

Employment/HR

General

Health Inequalities

 

 

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Bevan Brittan Free Training Events 

There is no charge for any of the events listed below

Webinars  
These are internal hour long lunch time training sessions.  You can sign up to watch the training sessions remotely via our webinar facility by clicking on the links below.

Negligence by Omission: Professional Curiosity in Mental Health Care - 15/09/2026
Please join us for this webinar where expert witness Alex Penfold, Registered Mental Health Nurse of Somek Associates, will be discussing professional curiosity in mental health care, and how this issue is relevant to areas such as negligence by omission as well as the Inquest process.

Coercion and Control: Lacking capacity or a vulnerable adult - what are the powers and duties available? - 24/09/2026
In this session, Vikram Sachdeva KC and Adam Fullwood of 39 Essex Chambers will join Hannah Taylor to consider the complex and often overlapping legal frameworks that arise where concerns are raised about undue influence, coercion, and an individual’s ability to make decisions.

Recent developments in breach and causation for clinical negligence lawyers - 06/10/2026
In this upcoming webinar, Thomas Beamont will join Dan Morris to discuss important issues arising from various cases, touching on both breach of duty and causation for clinical negligence practitioners.

Watch on Catch Up! 

Understanding Executive Function and How its Dysfunction Might Impact Capacity

Please note that registration for each webinar will close one hour before the webinar starts, so please do ensure you have booked your place in advance to guarantee attendance.

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Acute and urgent care

Publications/Guidance

Child mental health. The Royal College of Paediatrics and Child Health (RCPCH) has published data about A&E attendances among children and young people between 2019 and 2025 in England. Findings include: there has been a 36% increase in mental health-related attendances since 2019 with the largest relative increase among 6-9-year-olds; extreme waits are becoming more common; and more children are becoming ‘stuck’ in A&E. The report makes recommendations around the government’s upcoming mental health strategy, strengthening crisis pathways for children and young people, and prioritising early intervention.

How efficiency varies across NHS acute trusts. This analysis examines how NHS efficiency has changed since the pandemic, the extent of variation across trusts and whether reducing that variation could provide a feasible route to improving efficiency nationally. Specifically, it considers whether the national decline in efficiency is being driven by a downward shift in efficiency levels across all trusts or a widening of variation between them. 

Waiting to get in, waiting to get out: corridor care, delayed discharges and rising pressures on hospitals. Danielle Jefferies explores the link between delayed discharges and corridor care, the growing financial cost of both and why action beyond hospital walls will be essential if we are serious about reducing pressure on hospitals.

Model discharge pathway. This publication sets out the model needed to make timely, clinically-led discharge routine – so all patients receive the right care, at the right time, no matter when or where they are treated. The model applies to hospital and community bedded care and addresses: in hospital discharge planning and delivery; daily ward-based practices within the control of hospital teams; and standardising basic processes to reduce variation.

Tracking hospital admission thresholds within emergency departments. This report examines the idea of an admission threshold and sets out how it might be estimated from routine data. The report goes on to examine how admission thresholds have changed in recent years and assesses the feasibility of monitoring thresholds. The aim is not to propose a target admission threshold but to develop a way to understand how the relationship between patient need, admission decisions, and available capacity changes by department.

Long waits for a hospital bed in an emergency: will urgent care policies make a difference for patients?
Stories and images of large numbers of people waiting in overcrowded A&E departments are not new. However, there has been growing concern in recent years about the number of patients who are being treated in areas that are not designed for clinical care. This long read assesses whether this is affecting particular groups of patients more than others, and discusses whether current policies – including a new definition for corridor care – could make a difference.

The longest wait to leave: tackling the delayed discharges that help to drive corridor care. This report examines how delayed discharges contribute to long waits in A&E; what is causing them; and what this means for the older people caught in the middle. It also looks at how this challenge can be tackled and why this issue needs to be given greater priority in debates about tackling ‘corridor care’. It also includes case studies of places that have started to make a positive change.

How we can help

If you wish to discuss any queries you may have around acute and urgent care please contact Claire Bentley. 

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Children and young people

Publications/Guidance

How to complain about children’s services in England. How local authorities should deal with complaints about children’s services.

Safeguarding babies. The Department for Education (DfE) has published the government’s response to the Child Safeguarding Practice Review Panel’s national review into the death of baby Victoria Marten published in February 2026. The response sets out how the government intends to implement all eight of the Panel’s recommendations to help safeguard babies in England. It focuses on: preventing babies dying by identifying and responding earlier to risk; reducing babies entering care by preventing repeat removals and strengthening family support; building the evidence base on effective and promising practice; and facilitating consistency in national guidance on babies and pre-birth support for pregnant women in safeguarding and child protection. The response also highlights the need for coordinated action across health, social care, education, justice, policing and wider public services.

State of Child Health. The Royal College of Paediatrics and Child Health (RCPCH) has published a report looking at child health and wellbeing in the UK. The report brings together evidence across 12 indicators of child health including early childhood development, mental health, and emotional health and wellbeing. The report highlights: significant inequalities in the levels of development among children starting school; widespread and increasing mental health problems among children and young people; and a lack of access to emotional health support. The recommendations focus on three themes around: improving the quality, collection and sharing of child health data; establishing national targets across all indicators to improve outcomes and reduce inequalities; and introducing a Children’s Health Investment Standard and delivering a funded, long-term child health workforce strategy.

Keeping children safe in education. The Department for Education (DfE) has published the 2026 edition of Keeping children safe in education (KCSIE). The guidance will come into force and replace KCSIE 2025 on 1 September 2026. The statutory guidance sets out what schools and colleges in England must do to safeguard and promote the welfare of children. Key changes in KCSIE 2026 include new and updated guidance around: regulations and safeguarding requirements on school premises; children requiring mental health support; young carers; children who are questioning their gender; and safer recruitment and regulated activity.

Equity for every baby: tackling inequalities in neonatal care linked to ethnicity and socioeconomic deprivation. This report reveals inequity related to ethnicity and socioeconomic deprivation is present throughout the whole of a baby’s neonatal journey. It brings presents evidence that shows how minoritised ethnicity and social deprivation contribute to a double-disadvantage: babies are more likely to be admitted to neonatal care and more likely to have worse outcomes – including a higher risk of death – because of their demographics and circumstances.

State of the nation: identifying vulnerable children and young people and supporting them to thrive. This report reveals that more children are growing up in difficult circumstances, with rising poverty and housing insecurity increasing levels of vulnerability. These challenges are having a knock-on effect on children, leading to more children missing school, poor mental health, rising obesity, and growing concerns about harm and exploitation. The systems designed to support vulnerable children are under sustained pressure, with demand outstripping capacity across many services.

GIRFT national report offers practical steps for improving care and support for children and young adults living with diabetes. Practical steps to help ensure that every child and young adult living with diabetes in England receives high-quality care and support, regardless of where they live, are outlined in GIRFT’s latest national report. 

Protecting children from neglect. Guidance and information from NSPCC to understand what neglect is, the short and long-term effects neglect can cause including development and poor health, the potential signs and indicators and how you can support the children and families you work with. 

Child mental health. The Royal College of Paediatrics and Child Health (RCPCH) has published data about A&E attendances among children and young people between 2019 and 2025 in England. Findings include: there has been a 36% increase in mental health-related attendances since 2019 with the largest relative increase among 6-9-year-olds; extreme waits are becoming more common; and more children are becoming ‘stuck’ in A&E. The report makes recommendations around the government’s upcoming mental health strategy, strengthening crisis pathways for children and young people, and prioritising early intervention.

Adolescent suicide. The Child Safeguarding Practice Review Panel has published a briefing paper on adolescent suicide in England. The paper collates learning from serious child safeguarding incidents relating to adolescents who died by suicide. The paper sets out key facts and figures and highlights common issues from the reviews such as: escalating risk over time; ongoing and repeated service involvement; and mental health needs and ongoing distress. This briefing has been published in the Panel’s new learning hub on adolescent suicide which features local reviews, statistics and learning resources including a slide pack for professionals.

Review of early deaths of care leavers. The report of the independent review of deaths among care-experienced young adults in England.

Diabetes: children and young adults — GIRFT programme national speciality report. This report offers the most comprehensive national picture to date of how diabetes services for children and young adults aged 0-25 are organised, how care and outcomes vary, and what systems can do to adopt best practice and deliver equitable, modern care. The report brings together the findings from a far-reaching national review of all 42 integrated care boards (ICBs), a joint initiative between GIRFT and the NHS Diabetes Programme. It highlights areas of significant variation nationally, and features examples of best practice from teams across the country. As well as overarching recommendations for ICBs, it features detailed, actionable steps for ICBs, trusts and clinical teams to address challenges where the unwarranted variation is most pronounced and where improvement can have the greatest impact on outcomes, safety and equity.

How we can help

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

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Clinical Risk / Patient Safety

Publications/Guidance 

Maternity and Neonatal 10 Point Plan assurance process. Developed in response to recent independent reviews of maternity and neonatal services, these documents set out the assurance process for the Maternity and Neonatal 10 Point Plan and the expectations for Trusts.

National Maternity and Perinatal Audit: state of the nation, based on births in NHS maternity services in England, Scotland and Wales during 2024. This report presents findings from almost 600,000 singleton births in NHS maternity services across England, Scotland and Wales during 2024 – highlighting inequalities in timely access to maternity care and changing patterns of birth. It examines key measures of maternity care and outcomes, identifies national trends and variation, and makes recommendations to support quality improvement across maternity services.

Clinical Negligence: The reality behind the myths. An Association of Personal Injury Lawyers (APIL) report challenges misconceptions about the cost of clinical negligence claims. It highlights that maternity cases accounted for over half of all clinical negligence claim costs in 2025 and suggests that preventing just ten such incidents could save the NHS more than £112 million. The report emphasises the importance of compensation and legal support for injured patients, examines the factors driving NHS spending on clinical negligence, and warns that restricting access to justice or reducing compensation would disadvantage those harmed by negligent care. It argues that, rather than limiting claims for private treatment and therapies, reform should focus on preventing harm, improving transparency, and making the existing legal process more efficient.

Broken trust: medical students’ experiences of professional standards in the UK. Developing professional values and behaviours is essential to maintaining public trust in doctors and ensuring safe, effective patient care. However, this research suggests that there are significant issues with how professionalism is defined and applied in medical schools. It finds that, while most students report being familiar with professionalism guidance and almost three in five believe it is taught well (58.6%), only just over one third believe their medical school would address a professionalism concern fairly (36.2%). Additionally, students describe a culture in which raising concerns could be labelled as unprofessional, creating barriers to reporting issues, including those related to patient safety.

Maternity services in England. This briefing gives an overview of women’s experiences of maternity services in England, including disparities in the care received by women from minority ethnic groups. It provides details of investigations into maternity units at individual NHS trusts, the government-commissioned national maternity and neonatal investigation, and policies to improve care. This briefing supplements the Library paper Quality and safety of maternity care (England) which contains information on key policy documents and developments (until February 2025).

NHS complaints in England. Find out how to make complaints about NHS care and treatment in England.

NHS Resolution: Annual Report and Accounts 2025/26. According to NHS Resolution's Annual Report and Accounts 2025/26, the first year of its "Resolution Through Collaboration" strategy, which is focused on fairer resolution, data-driven learning and improving patient safety, contributed to a record 84% of clinical negligence claims being resolved without the need for formal legal proceedings.The report also highlights that 15,236 new clinical negligence claims and reported incidents were received in 2025/26, an increase on the previous year. Despite growing volume and complexity, the report suggests NHS Resolution continued to deliver consistently across its core services, noting that most business plan objectives were achieved, alongside the majority of key performance indicators. 

NHS Resolution publishes 2026/27 Business Plan outlining service delivery priorities. NHS Resolution has published its 2026/27 Business Plan, setting out its financial and service delivery priorities for the second year of its 2025–28 'Resolution through collaboration' strategy. The plan states that NHS Resolution will continue to support patients, families, healthcare professionals and the wider NHS in England by delivering fair resolution, using data and insight to improve patient safety, improving maternity and neonatal care, and investing in its people and systems. It also states that NHS Resolution will continue to expand pre-litigation approaches, increase the in-house management of claims, refine the Early Notification Scheme, and strengthen dispute resolution services to support the fair resolution of claims and reduce litigation. In addition, the plan outlines proposals to expand learning resources and education programmes, develop compassionate conversations training, explore the responsible use of artificial intelligence and digital technologies, strengthen the Maternity Incentive Scheme and Early Notification Scheme following independent evaluation, continue to support families through its Family Liaison Service and invest in leadership, workforce development and digital technology to improve efficiency and value for money.

National maternity triage specification. As outlined in NHS England's 10 Point Plan for maternity and neonatal services, all trusts must commit to delivering safe and effective maternity triage. Within three months, each trust should complete a board-level audit to identify any gaps and ensure services are consistently safe, responsive and appropriately resourced. This national maternity triage specification will support local services in achieving this urgent action. 

Patient Safety Commissioner annual report 2025 to 2026. Patient Safety Commissioner annual report for the financial year 2025 to 2026.

General debate on corridor care in the NHS. ‘Corridor care’ is a term used where patients are treated in hospital corridors and other areas that lack the usual facilities for clinical care. Several reports have raised concerns about the scale of corridor care and the impact this is having on patients and staff.

News

NHS Resolution delivers record early resolution of claims as new strategy shows impact.

Beyond ‘how can I help?’: the Ockenden and Amos maternity reviews and compassionate leadership. The recent reports tell us that compassionate leadership is not just about asking ‘how can I help?’ but being prepared to listen and act, say Alistair Thomson and Naja Felter. 

Bevan Brittan Events

Negligence by Omission: Professional Curiosity in Mental Health Care - 15/09/2026
Please join us for this webinar where expert witness Alex Penfold, Registered Mental Health Nurse of Somek Associates, will be discussing professional curiosity in mental health care, and how this issue is relevant to areas such as negligence by omission as well as the Inquest process.

Recent developments in breach and causation for clinical negligence lawyers - 06/10/2026
In this upcoming webinar, Thomas Beamont will join Dan Morris to discuss important issues arising from various cases, touching on both breach of duty and causation for clinical negligence practitioners.

How we can help

We are working with clients on formulating policies and making it easier to balance treatment with finite resources. We are helping with social care policies and day to day activities such as contact and isolation, human rights issues and life/death decisions. We are working on notifications of harm and death, RIDDOR, CQC compliance, judicial review, infection control law and grappling with the new regulations and guidance. For more information click here

If you wish to discuss any clinical risk or patient safety issues please contact Joanne Easterbrook or Daniel Morris.

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Commissioning and Integrated Care

Publications/Guidance

UK Covid-19 Inquiry. Module 5: procurement. This fifth report from the Covid-19 Inquiry's ten investigations examines how the UK government and devolved administrations procured and distributed vital healthcare equipment during the Covid-19 pandemic and makes recommendations for the future. The report highlights multiple failings, particularly at the outset of the pandemic.

Public health commissioning in the NHS: 2026 to 2027. Information about NHS England’s objectives and funding arrangements as it commissions public health services.

NHS continuing healthcare in England . What is NHS Continuing Healthcare, who is eligible for it, how are patients assessed for it, and how can decisions be reviewed? 

How we can help

If you wish to discuss any queries you may have around commissioning or integrated care, please contact Anna Davies or Katrina McCrory

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Digital Health 

Publications/guidance

Beyond productivity: AI and NHS workforce implications. This report explores what non-clinical AI means for the workforce, from changing roles and skills to the governance, training and support staff need to use AI safely and effectively. Commissioned by NHS England, the report was developed by the three London Health Innovation Networks, UCL Partners, Health Innovation Network South London and Imperial College Health Partners, drawing on published evidence and insight from NHS leaders, clinicians, operational teams and workforce representatives. 

The state of medical education and practice in the UK: workplace experiences 2026. According to this report, doctors are increasingly using technology, including artificial intelligence (AI), to reduce their administrative burdens, improve efficiency and create more time for their patients. More than one in four doctors reported improvements they said helped them provide good patient care in the last year, with AI and better patient information systems among the most cited. However, it finds that pressures remain. More than four in 10 doctors (41%) said they found it difficult to provide the level of care they would like at least once a week. For GPs, the figure rose to six in ten (60%). Commonly reported barriers included inadequate staffing, heavy workloads and time spent on bureaucracy and admin, as well as delays for patients awaiting screening or treatment.

News 

First complaints made over clinician use of AI 

How we can help

If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.

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Employment/HR  

Publications/guidance

Reducing harm from the poor application of disciplinary processes: a public health issue. This discussion paper examines evidence that poorly designed and applied disciplinary procedures are damaging staff wellbeing, weakening workforce resilience and leading to considerable costs to the UK economy. Acas estimates that UK organisations initiate 1.7 million formal disciplinary cases every year, with workplace conflict costing employers £28.5 billion annually. Nearly 80% of this cost is linked to dismissals and resignations arising from formal procedures. The Faculty is calling for a national conversation on how disciplinary processes are designed, delivered and regulated, and asking organisations to adopt approaches that protect wellbeing, strengthen trust and support compassionate processes. 

Piloting a T Level industry placement offer in a mental health trust. Avon and Wiltshire Mental Health Partnership NHS Trust piloted a T Level industry placement offer to develop a talent pipeline of young people into the Trust. The Trust felt awareness of opportunities in mental health and learning disability was lacking and an industry placement offer would help raise the profile of associated careers. The pilot has been a success, with the Trust now offering industry placements as standard.

Care workers to be represented in Fair Pay Agreements. New negotiating body to be set up as part of the first ever adult social care Fair Pay Agreement, representing millions of care workers.

Fair pay agreement process in adult social care. Consultation about the fair pay agreement process in adult social care.

NHS leadership and management framework. This framework aims to set clear expectations for all NHS leaders and managers, including line managers. It includes a code of practice and leadership and management standards for all NHS leaders and managers. It also contains a self-assessment tool to enable evaluation against the expected standards of managers.

Care to stay: a practical, place-based strategy for the adult social care workforce. This report finds that vacancies and turnover in the adult social care workforce are persistently high, domestic recruitment has fallen, and demand for care is forecast to continue growing. Meanwhile the workforce faces low pay, excessive workloads, varied and frequently low-quality training, and poor recognition. The result is gaps in service provision and varied care, often of poor quality. It recommends a solution, calling on local authorities, care providers, the NHS, and the Government to take action to support and enable the adult social care workforce.

Beyond productivity: AI and NHS workforce implications. This report explores what non-clinical AI means for the workforce, from changing roles and skills to the governance, training and support staff need to use AI safely and effectively. Commissioned by NHS England, the report was developed by the three London Health Innovation Networks, UCL Partners, Health Innovation Network South London and Imperial College Health Partners, drawing on published evidence and insight from NHS leaders, clinicians, operational teams and workforce representatives.

Post-incident support framework. This guidance offers a support framework with actionable steps for staff affected by physical violence and psychological trauma within NHS settings.

McCloud Remedy project recovery plan: review update. Conclusions and recommendations from the independent review of the NHS Business Service Authority’s (NHSBSA) delivery of the McCloud Remedy for the NHS Pension Scheme.

High priority? The past, present and future of specialty training recruitment. This analysis of provisional data from NHS England by the Nuffield Trust finds that the Medical Training (Prioritisation) Act, which became law this year, has achieved its immediate aim of prioritising NHS-trained doctors for NHS jobs over those who trained overseas. The proportion of doctors accepting NHS specialty training places from the group that includes most overseas-trained doctors has fallen from more than one in four to less than one in 50 (this is the final training stage before becoming a GP or consultant).

Building the case for organisation development and workplace culture. The purpose of this guide is to empower those in the NHS people profession to secure buy-in from the board and senior leaders in promoting a positive workplace culture through the work of organisation development. This engagement is key because senior leaders are responsible for making strategic decisions about the organisation’s future priorities and resources. A positive culture, championed by the board, enhances staff experience and improves patient outcomes.

From recruitment to reality: exploitation of internationally educated nursing staff in social care. This report examines evidence of exploitative employer practices affecting internationally educated nursing staff in adult social care services across the UK. Drawing on three years of RCN member casework, it highlights the pressures these workers face and how immigration policies and a lack of enforcement and oversight within the sector increase their vulnerability to exploitation. Without intervention, continued exploitation risks the safety of workers, the wider workforce, the stability of services, and the wellbeing of those who rely on adult social care.

How we can help

We can offer support and advice on managing many workforce issues including flexing your workforce to respond to the pandemic, managing bank staff, redeployment, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home working, through FAQs, helpline or policy guidance and practical day to day advice.  

If you wish to discuss any employment issues generally please contact Jodie Sinclair, Alastair Currie, James Gutteridge, Andrew Uttley, Joanna Burrows and Lee Carroll.

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Health Inequalities 

Publications/Guidance

Equity for every baby: tackling inequalities in neonatal care linked to ethnicity and socioeconomic deprivation. This report reveals inequity related to ethnicity and socioeconomic deprivation is present throughout the whole of a baby’s neonatal journey. It brings presents evidence that shows how minoritised ethnicity and social deprivation contribute to a double-disadvantage: babies are more likely to be admitted to neonatal care and more likely to have worse outcomes – including a higher risk of death – because of their demographics and circumstances.

How care inequities shape social care experiences. This report explores how inequities are experienced in adult social care by people drawing on care and support and unpaid carers. Commissioned by SCIE and carried out by Thinks Insight & Strategy, this qualitative research examines how factors including disability, ethnicity, gender, age, income, geography, health needs and wider system pressures shape people's experiences of access, quality, choice, control and dignity. 

How we can help

We have a multidisciplinary team advising NHS commissioners and providers on all aspects of tackling health inequalities, ranging from:

  • advising on the new legal framework and compliance with the relevant statutory duties, particularly in the context of service reconfiguration;
  • addressing workforce inequalities;
  • taking action on patient safety to reduce health inequalities;
  • the role of the Care Quality Commission in tackling health inequalities; and
  • lessons to be learnt from the Covid-19 pandemic.

If you wish to discuss any queries you may have around health inequalities please contact Julia Jones.

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Housing

Publications/Guidance

Housing, homelessness and health: lessons from Birmingham's joined-up approach. Housing instability can drive avoidable health crises. Sharon Thompson draws from Birmingham’s experience to show the value of joined-up support built around the homeless people who need it. 

How we can help

We have a multidisciplinary team advising NHS commissioners and providers on all aspects of tackling health inequalities, ranging from:

  • advising on the new legal framework and compliance with the relevant statutory duties, particularly in the context of service reconfiguration;
  • addressing workforce inequalities;
  • taking action on patient safety to reduce health inequalities;
  • the role of the Care Quality Commission in tackling health inequalities; and
  • lessons to be learnt from the Covid-19 pandemic.

If you wish to discuss any queries you may have around housing and health, please contact Julia Jones.

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Information sharing/data

Publications and guidance

Delivering the single patient record: from vision to reality. This report summarises the insights from an online roundtable on delivering the Single Patient Record (SPR), convened by Public Policy Projects. The discussion explored how the national ambition for an SPR can be translated into practical decisions for local systems, suppliers, clinicians and patients. It was informed by contributions from NHS digital leaders, clinicians, policy experts, suppliers, academics and standards specialists. The session was chaired by Alex Kafetz, Non-Executive Director for the Care Quality Commission.

The single patient record explained: what could it mean for patients and the health and care system. What is the single patient record, and how could it change health and care in England? Katie Purbrick-Thompson examines the government's plans, the role of the Health Bill, potential benefits for patients and clinicians, and the safeguards needed to maintain public trust.

Electronic patient record systems – electronic referrals for ongoing care: advice and guidance. This report is an interim publication as part of HSSIB’s focus on electronic patient record systems – electronic referrals for ongoing care. In light of concerns about patient safety heard by HSSIB, this report focuses on advice and guidance (A&G) services in the NHS in England, which enable clinicians in general practice to seek specialist advice from secondary care. It also considers where A&G services are used as part of single point of access models. The report makes two safety recommendations to NHS England and the Department of Health and Social Care.

Accessing Health Records. Information for anyone attempting to gain access to their own, or somebody else’s, medical records.

Understanding patient data in 2026: navigating public confidence in a changing health data system. The Government’s 10 Year Health Plan, the Data (Use and Access) Act 2025, the Life Sciences Sector Plan and the 2026 Health Bill (also known as the NHS Modernisation Bill), all place data at the heart of how health and care will be delivered. Programmes such as the Single Patient Record, NHS Federated Data Platform and Health Data Research Service promise better connected care, research and innovation. This report argues that their success depends on public confidence as well as technical delivery. It provides a picture of public awareness, support and confidence around the use of health data during a period of rapid system change. 

How we can help

Our specialist team brings a unique combination of experience and skill from across the health, social care, and local authority sectors to help you meet the wide ranging challenges faced organisationally as you deal with the various and complex legislation in respect of information law.  That team understands the practical way those legal frameworks impact the range of issues faced, as well as the diverse nature of both public and regulatory expectation in relation to “personal data”, “data protection”, “freedom of information”, “access to health records” and wider “information governance”.  As well as assisting your organisation in dealing with challenging requests for disclosure, we can also help to provide strategic advice in relation to policy and information security, as well as bespoke organisational training on key legal issues.

If you wish to discuss any information law and / or governance issues facing your organisation, and how we may help, please contact Jane Bennett.

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Inquests and Inquiries

Bevan Brittan Events

Negligence by Omission: Professional Curiosity in Mental Health Care - 15/09/2026
Please join us for this webinar where expert witness Alex Penfold, Registered Mental Health Nurse of Somek Associates, will be discussing professional curiosity in mental health care, and how this issue is relevant to areas such as negligence by omission as well as the Inquest process. 

How we can help

Our specialist team brings a unique combination of experience and skill from across the health, social care, and local authority sectors to help you meet the wide ranging challenges faced organisationally as you deal with the various and complex legislation in respect of information law.  That team understands the practical way those legal frameworks impact the range of issues faced, as well as the diverse nature of both public and regulatory expectation in relation to “personal data”, “data protection”, “freedom of information”, “access to health records” and wider “information governance”.  As well as assisting your organisation in dealing with challenging requests for disclosure, we can also help to provide strategic advice in relation to policy and information security, as well as bespoke organisational training on key legal issues.

If If you wish to discuss any queries you may have around inquests, please contact Amanda Wright- Kluger, Tracey Longfield  or Claire Leonard.

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Mental Health

Publications/Guidance  

Child mental health. The Royal College of Paediatrics and Child Health (RCPCH) has published data about A&E attendances among children and young people between 2019 and 2025 in England. Findings include: there has been a 36% increase in mental health-related attendances since 2019 with the largest relative increase among 6-9-year-olds; extreme waits are becoming more common; and more children are becoming ‘stuck’ in A&E. The report makes recommendations around the government’s upcoming mental health strategy, strengthening crisis pathways for children and young people, and prioritising early intervention.

Deprivation of liberty. The Department for Education (DfE) has published guidance on how regional care cooperative local authorities in England and their partners can apply to deliver the Home Again programme. The programme tests and embeds an integrated, multi-agency approach to supporting children who are at risk of, or experiencing, deprivation of liberty. The guidance provides information on the programme, how to apply and the requirements. 

Unequal benefits, unequal harms: AI mental health chatbots, inequality and the risks of self-guided care. This paper, by patient empowerment expert David Gilbert, who has sought help and advice from AI for his own mental health problems, assesses the research on how the huge growth in the use of AI mental health tools can put people at risk and increase inequality. It finds that the rapid expansion of AI mental health chatbots and self-guided AI systems has outpaced the development of robust mechanisms to protect people from harm. Oversight is uncoordinated and there are significant gaps in evidence, accountability and patient safety. Without proper regulation, information content, quality and safety are at risk.

Mental health statistics: prevalence, services and funding in England. How common are mental health conditions? How many people access mental health services? How long do people wait to access NHS mental health services? How much is spent on mental health services?

Making decisions on behalf of adults who lack capacity. Information on how decisions are made in England and Wales when an adult lacks capacity to make decisions for themselves.

Suicide prevention policy. The ONS publishes yearly UK suicide rates. In 2026 the government said it would update the 2023 suicide prevention strategy with evidence and progress so far.

FAQ: ADHD statistics (England) Frequently Asked Questions about ADHD statistics in England, including prevalence, waiting lists, and waiting times.

FAQ: Autism statistics (England) Frequently Asked Questions about autism statistics in England, including new and closed referrals, waiting lists, and waiting times.

Cases

St George's University Hospitals NHS Foundation Trust v UJ & Ors [2026] EWCOP 39 (T3) UJ, a 45-year-old man, suffered a catastrophic brain injury after attempting suicide with a crossbow in April 2026. Doctors considered surgery his only chance of recovery; without it, he would continue to deteriorate and die. His family opposed the operation, arguing that, as an active and independent person, UJ would not have wanted to live with significant disability and dependence. Mrs Justice Theis found the case finely balanced but gave significant weight to the family's evidence of UJ's likely wishes and refused the Trust's application.

University Hospitals of Derby and Burton NHS Foundation Trust & Anor v HH [2026] EWCOP 35 (T3). HH, a 30-year-old woman with paranoid schizophrenia who was detained under the Mental Health Act and 37 weeks pregnant, was found to lack capacity to make decisions about her obstetric care. Theis J granted declarations authorising treatment in her best interests, including a caesarean section if necessary, despite HH's preference for a vaginal birth.

Oxfordshire County Council v P & Anor [2026] EWCOP 33 (T2). P, a young woman with a learning disability, moved to supported living after her grandmother and long-term carer became unwell. HHJ Owens held that it was in P's best interests to remain there, finding that her grandmother was unable to meet P's complex needs consistently and that the proposed alternative care arrangements were unsuitable. A 12-month deprivation of liberty authorisation was granted.

The Rotherham NHS Foundation Trust v NP & Anor [2026] EWCOP 27 (T3). NP, a 67-year-old woman with paranoid schizophrenia who lacked capacity, had metastatic breast cancer. The court considered whether to add inhibitor therapy to her treatment despite the risk of serious side effects. David Rees KC held that the treatment was not in NP's best interests, finding that the risk of serious infection outweighed any potential benefit, particularly given her current quality of life.

Bevan Brittan Events

Negligence by Omission: Professional Curiosity in Mental Health Care - 15/09/2026
Please join us for this webinar where expert witness Alex Penfold, Registered Mental Health Nurse of Somek Associates, will be discussing professional curiosity in mental health care, and how this issue is relevant to areas such as negligence by omission as well as the Inquest process.

Coercion and Control: Lacking capacity or a vulnerable adult - what are the powers and duties available? - 24/09/2026
In this session, Vikram Sachdeva KC and Adam Fullwood of 39 Essex Chambers will join Hannah Taylor to consider the complex and often overlapping legal frameworks that arise where concerns are raised about undue influence, coercion, and an individual’s ability to make decisions. 

Bevan Brittan Updates

Child mental health in focus: key lessons from the RCPCH State of Child Health 2026

Increase of personal welfare deputyship applications expected following Re HB judgement

It’s still a deprivation of liberty: the first published judgment post AGNI

How we can help

We are experts in advising commissioners, providers and care co-ordinators on the relevant legal frameworks. We deal with complex issues such as deprivation of liberty, state involvement, use of CCTV monitoring, seclusion, physical restraint and covert medication. We can help providers with queries about admission and detention, consent to treatment, forensic service users, transfers, leave, discharge planning and hearings. We can advise commissioners on all matters concerning commissioning responsibility, liability and disputes. For more information click here

If you wish to discuss any mental health issues facing your organisation please contact Hannah Taylor or Simon Lindsay 

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Primary Care  

Publications/Guidance 

General Practice in England. The briefing provides an overview of general practice in England.

General practice funding in England: a comprehensive overview and implications for policy. This report argues that the challenges facing general practice are complex, but funding lies at their core. It brings together multiple national data to provide a comprehensive overview of general practice funding in England. 

GP patient survey 2026. This survey assesses patients’ experiences of health care services provided by GP practices and experiences of NHS pharmacy and dental services. The results are presented at GP practice, Integrated Care System, Primary Care Network, and national level. Results show that 76.7% of respondents said their overall experience of their GP practice was good (75.4% in 2025 and 73.9% in 2024). As well as the overall experience of their GP practice, respondents were asked about contact with their GP practice, confidence and trust in the health care professionals at their practice, whether their needs had been met at their last appointment and more.

Navigating truth and trust in the consulting room. GP Trainee Anaum Khan describes the opportunities and challenges she faces treating patients who have spent hours accessing online health content ahead of their consultation.

How we can help

If you wish to discuss any primary care issues please contact Joanne Easterbrook.

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Social Care  

Publications/Guidance 

How to complain about adult social care in England. Information on how someone can complain about adult social care in England.

How to complain about children’s services in England. How local authorities should deal with complaints about children’s services.

General Practice in England. The briefing provides an overview of general practice in England

How we can help

For ways in which we can help with Social Care issues click here.

If you wish to discuss any queries you may have around social care please contact Claire Bentley.

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General

Publications/guidance

Caring for patients who elect to voluntarily stop eating and drinking to hasten death (VSED). This guidance provides clarification about the law and ethics of VSED, so that doctors have the information and reassurance they need to engage in patient-centred care, and understand what actions can be taken by the healthcare team when supporting patients through VSED.

Drug misuse and dependence: UK guidelines on clinical management. How clinicians should treat people with drug misuse and drug dependence problems.

Terminally Ill Adults (End of Life) Bill 2026-27. The Terminally Ill Adults (End of Life) Bill 2026-27 has its second reading on 11 September 2026. This Library briefing provides an overview of the bill and key areas of debate.

Framework for NHS boards: monitoring research activity. This framework defines what NHS boards need to do to monitor research and describes what a high-performing, research-active organisation looks like.

Bevan Brittan Updates

Changes to the law on abortion in England and Wales An overview of how the law on abortion in England and Wales has changed following the assent of the Crime and Policing Act 2026.  

SIGN UP FOR PUBLICATIONS

If you would like to sign up for any of our Bevan Brittan publications including this Health and Care Update click here.

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