10/05/2012
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.
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Care
Publications/Guidance
Care in the balance: a UNISON survey into staff/patient
ratios on our wards. This survey asked nurses, midwives,
healthcare assistants and other staff to chart their experiences
including the pressures of a typical working day to reveal some
insight into NHS working.
Inpatient survey 2011. This survey looked at
the experiences of over 70,000 people who were admitted to NHS
hospitals around England. The results of the survey will be used by
NHS trusts to improve their performance and to understand their
patients’ experiences, and the results will be used to support the
CQC's regulatory, compliance and monitoring activities.
Hospital discharge and black, asian & minority ethnic (BAME) carers. The purpose of this briefing is to improve the knowledge and practice of supporting BAME carers at the point of hospital discharge. It draws on expertise, knowledge and involvement of carers and professionals across London.
End of life care: methods review. This review provides an overview of the range of research methods that have been commonly used in end of life care research and their relevance for social care. It provides a policy and service context for understanding end of life care research in social care and, using examples from relevant research, considers the advantages and disadvantages of different research methods and tools. The particular ethical challenges and practical issues that may arise are discussed along with some strategies and sources of support to address them.
Caring in crisis: the impact of the financial crisis on nurses and nursing. This country-by-country report looks at the impact of the economic crisis on nurses and nursing in Europe. It illustrates the current and future challenges facing the nursing profession, and offers a view of the specific dynamics in each country, as well as a tool to take action and tackle these challenges.
What do we know now that we didn’t know a year ago?
New intelligence on end of life care in England. This report
highlights areas where improvements have been made as well as where
further action is needed to improve care for people who are dying.
The publication is divided into 16 categories ranging from place of
care and death to latest trends in different settings, different
disease types, costs, quality of care, workforce and public
attitudes.
Toolkit for improving care for frail older
people. This is the third in a series of acute care toolkits
which aims to improve the care of the frail older patient. The
toolkit, produced in collaboration with the British Geriatrics
Society, recommends procedures for both initial assessment on
admission and later Comprehensive Geriatric Assessment.
Prime Minister sets out challenges to new nursing forum. The Prime Minister has issued a call to action for frontline nurses across the country to search out best practice and share it across the NHS. Speaking at the first meeting of the Nursing and Care Quality Forum, the Prime Minister and Health Secretary Andrew Lansley outlined the push to free up nurses to provide the care patients and relatives expect. A range of measures were discussed by the forum, including: Hourly nursing rounds to ensure patients are checked on regularly and know when to expect a nurse; A patient feedback challenge backed by a £1m fund, where nurses and doctors can submit ideas on how best to use patient feedback. The best will be selected and shared; and Promoting leadership to make sure there is an authority figure for nurses and patients to put their trust in.
If you wish to discuss any of the items raised in this section
please contact Carlton
Sadler.
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Children
Publications/Guidance
Update on adults’ and children’s palliative care
and funding for children’s hospices. Provides an update on the
2010/11 grant of £30m to the children’s palliative care sector to
support local projects to improve services, giving a summary of the
individual allocations. Around £19m was claimed by children's
hospices, other children’s palliative care organisations and
children's palliative care networks.
Consultant delivered care: an evaluation of new ways of working in paediatrics. This report contains an evaluation of new ways of working in paediatrics. It concludes that children would receive better care if they had 24/7 access to a consultant or equivalent senior doctor. The six-month project carried out a survey of all paediatric inpatient and neonatal trusts in the UK to look at the extent to which consultant delivered care models are already being used. Based on the results of this survey, in-depth site visits were conducted at 10 trusts to look at the impact of these ways of working on team members, resident consultants and a range of indicators.
Information requirements for Child Health information systems. Sets out details of the information requirements for the delivery of child health services as part of the future health and care system announced in the Health and Social Care Act 2012. The DH will now develop these information requirements into an outline business specification, detailing the technical requirements of a Child Health Information System (CHIS).
Social determinants of health and well-being among young people. Health behaviour in school-aged children (HBSC) study: international report from the 2009/2010 survey This report concludes that widespread inequalities mean that many young people in the WHO European Region and North America are not as healthy as they could be. It aims to contribute towards a better understanding of the social determinants of health and well-being among young people, and providing the means to help protect and promote their health.
Standards for children and young people in emergency care settings. This revised guideline provides healthcare professionals, providers and service planners with measurable and auditable standards of care applicable to all urgent and emergency care settings in the UK. This updated edition reflects changes in the way care is delivered: there is a new chapter focusing on mental health and substance misuse and the document takes a 'pathway' approach to aid a multi-professional workforce.
National Child Measurement Programme: Operational guidance for the 2012/13 school year. Delivery of the National Child Measurement Programme (NCMP) is a key element of the Government's plans to tackle the public health challenge of excess weight and, from April 2013, the surveillance component of the NCMP will be a mandated function of local authorities. During the current transition year, the NHS will continue to be accountable for the delivery of all public health programmes including the NCMP and for working with local authority colleagues to ensure that these programmes transition successfully. This annual guidance advises local providers of the NCMP on how the programme should be implemented. While there are no fundamental changes to the operational delivery of the NCMP from the previous school year (2011/12), the guidance has been amended in the light of findings from recent research, feedback from practitioners, and the significant reforms and transitions that are under way within the NHS. There are also a parental feedback tool and letter templates that can be edited to meet local needs in delivery of the NCMP.
Consultations Back to top
Social and emotional wellbeing - early years:
consultation on the draft guidance. NICE is developing public
health guidance on how the social and emotional wellbeing of
vulnerable children aged under 5 years can be effectively supported
through home visiting, childcare and early education. All
registered stakeholders for the public health intervention guidance
are invited to comment on the provisional recommendations.
Organisations not registered as stakeholders are not able to
comment. This consultation will take place between 20th April and
18th June 2012. .
Commissioning
Publications/Guidance
Using the Commissioning for Quality and Innovation
(CQUIN) payment framework - guidance on new national goals for
2012-13. Guidance on two new national CQUIN goals have been
introduced for use in 2012/13: Dementia goal, that incentivises the
identification of patients with dementia and other causes of
cognitive impairment, and the NHS Safety Thermometer goal that
incentivises the measurement of harm from pressure ulcers, falls,
urinary tract infections in patients with catheters and VTE.
What we know so far about the NHS Commissioning
Board. This BMA briefing is part of a series which sets out
what we know so far on a range of key topics following the
government’s health reforms
Clinical commissioning group (CCG) 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 (a shadow CCG).
Smart guides to engagement. These guides
comprise the first of four in a series of 10 guides to engagement
cover the social and economic benefits, dealing with LINks and
local HealthWatch, and the role of lay members and patient
representatives on Clinical Commissioning Group boards.
Commissioning occupational health (OH) services. This guidance has been published to assist occupational health leaders, HR directors and boards in commissioning OH services and understanding what commissioned OH services should be delivering for the organisation.
The Government's strategic objectives for the NHS
Commissioning Board Authority. Andrew Lansley has written to
Prof. Malcolm Grant, Chairman of the NHS CBA, setting out the
Government’s strategic objectives for the NHS CBA and the basis
against which the Authority will be held to account. The DH will
hold the Authority to account for its performance against four
strategic objectives, relating to:
transferring power to local
organisations;
establishing the commissioning
landscape;
developing specific commissioning and
financial management capabilities; and
developing excellent relationships.
These objectives flow from the Authority’s role to prepare for the
establishment and operation of the NHS Commissioning Board. They
are relevant to the period when the Authority is operating (until
October 2012) and also to the full NHS Commissioning Board when it
is established, in its preparatory phase from October 2012 until
March 2013. From April 2013, when the Board takes on its full
statutory powers, Ministers will set their objectives, on behalf of
the Government as a whole, through the mandate. Proposals for the
mandate are currently being developed with the aim of consulting on
them this summer.
Benchmark of out of hours - An overview across the
services. This tool aims to allow anyone with an interest in
out of hours services – whether service user, provider or
commissioner – to see how their local service is performing
compared to others. It was developed from the 4th round of the
Primary Care Foundation’s national benchmarking exercise and
includes data from 104 of the 151 English PCTs. The benchmark is
based on detail summarised in over 40 indicators, including cost,
quality, outcomes, timeliness and patient experience.
Bevan Brittan Updates
A robust and effective CCG Constitution . One of the key tests
for any clinical commissioning group seeking authorisation from the
NHS Commissioning Board will be that they have a constitution that
is compliant with the requirements of the 2012 Act, and is
“otherwise appropriate”. In effect this means that the
Commissioning Board must be happy with it!
If you require further information about any of the items
raised in this section please contact
David Owens.
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Employment/HR
Publications/Guidance
Performance related pay awards for staff covered by
the Pay Framework for Very Senior Managers (VSMs). Staff
covered by the VSM pay framework are eligible to be considered for
a performance related pay award. This letter outlines guidance
which provides remuneration committees in SHAs, special health
authorities, PCTs and ambulance trusts with the criteria for the
awards for 2011/12.
Survey of NHS health professionals 2012. This joint union survey is asking RCN members working in the NHS about their views on pay and working conditions. The findings will be used to help inform the RCN’s next submission to the NHS Pay Review Body, which makes recommendations to the Government on the level of pay and pay-related terms and conditions for NHS staff. The survey closes on Friday 8th June 2012.
Briefing for MPs on EU working time regulation and
the NHS. This briefing for MPs outlines employers' views of the
European Working Time Directive (EWTD), ahead of a debate in
Parliament on whether the EWTD was damaging to patient care.
NHS staff: social indicators. This briefing provides
an overview of the make-up of NHS staff in England.
NHS pension scheme. This note looks at recent reviews
of the NHS pension scheme.
NHS Pay Review Body - market facing pay: written evidence from the Health Department for England - April 2012. This publication presents the written and statistical evidence on market-facing pay submitted by the Department of Health to the NHS Pay Review Body.
Quality assurance of medical appraisers: recruitment, training, support and review of medical appraisers in England. This framework aims to assure the quality of the medical appraiser workforce, outlining processes for the recruitment, training and support of medical appraisers and methods by which their performance in the role can be reviewed.
Return to work guidance. This guidance aims to support the management of doctors returning to work after an absence, planned or otherwise. It includes advice for managing issues facing doctors returning to practice; practical checklists; recommendations for establishing an organisational policy; and recommendations for setting up an action plan for return to work.
Bevan Brittan Updates
Another social media storm. Another case has come through the
courts relating to inappropriate Facebook usage by an
employee. As you may recall we reported on the rise of
dismissal cases relating to employees' use of Facebook and other
social media a few months ago.
News round up. Joanna Smart takes a look at some key employment law developments which took place in April, most notably the fact that the anticipated decision of the Supreme Court in Seldon v Clarkson Wright and Jakes was published on 25 April.
What are reasonable adjustments and when are claimant's feelings aggravated? In the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley, the EAT has confirmed the position in regards to what constitutes a reasonable adjustment and also provided welcome clarification on when aggravated damages should become payable and what amounts to correct sums where these damages, and others, are concerned.
If you require further information about any of the items raised in this section please contact Julian Hoskins.
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Estates and Facilities
Publications/guidance
Accelerating the release of public sector land for
development: Main findings from the 2012 data collection from NHS
trusts. The DH has published details of potentially surplus
land for housing, currently owned by NHS organisations, which is no
longer required nor likely to be needed for health service purposes
in the future. DCLG has published a report on the progress of
Accelerating the release of surplus public sector
land: Progress report one year on to support housing. It also
describes the support mechanisms that have been put in place to
help departments dispose of land and the next steps for the
Programme in the coming year. As set out in Budget 2012 sufficient
land has been identified to meet the Government's ambition to
dispose of land with the capacity to build over 100,000 homes by
April 2015.
Bevan Brittan Updates
Department of Health disposal strategy – surplus land . The
Department of Health yesterday published its finding
on the number of parcels of land declared as surplus or
potentially surplus current held by NHS trusts.
Service critical NHS property transfers. The Guidance issued by the Department of Health on 4 August 2011 states that aspirant Community Foundation Trusts, other National Health Service Trusts and Foundation Trusts (transferees) are to be given the opportunity to acquire the parts of the PCT estate deemed ‘service critical clinical infrastructure’. On 22 March this year, the Department of Health issued a draft Transfer Order (the Order) which is intended to effect these transfers. This alert provides guidance in relation to this latest publication from the department .
If you require further information about any of the items raised in this section please contact Rob Harrison or Mark Calverley.
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FinancePublications/Guidance
Work programme and scales of fees 2012/13: Health -
April 2012. sets out the work that the Audit Commission plans
to undertake at NHS trusts, PCTs and SHAs during 2012/13, with the
associated scales of audit fees. The Commission states that the
combination of outsourcing its in-house Audit Practice and internal
efficiency savings means that it is able to pass on significant
reductions in audit fees this year to audited bodies. See also the
table of Individual fees for health bodies. These lower
fees are fixed for five years irrespective of inflation.
Quality accounts: 2011/12 audit guidance. This
guidance sets out what trusts will need to do to support the audit
of their 2011/12 Quality Accounts. The audit requirement applies to
all NHS acute and mental health trusts that produce a Quality
Account for 2011/12, as well as the Isle of Wight PCT.
Department of Health and Monitor - joint
supplementary accounting guidance. Following on from the month
nine agreement of the balance exercise, which showed significant
differences on both receivables and payables and income and
expenditure, guidance has been prepared to clarify specific areas
where the possibility of different interpretation by organisations
has been identified. The clarifying guidance should therefore help
to minimise any differences at the year end.
Maternity services pathway payment system: a simple
guide 2012/13. This guide provides a summary of the proposed
2013/14 Payment by Results pathway funding system for maternity
services. It identifies what the NHS needs to do during 2012/13 to
prepare for its implementation.
NHS expenditure. This briefing note documents: NHS expenditure since 1948; a summary of the structure of the NHS and how it is financed; and describes how PCTs are allocated funding.
Building recovery in local communities. This joint letter from the Department of Health, the Home Office and the Ministry of Justice highlights new opportunities for joint working to improve outcomes and use resources more efficiently.
If you require further information about any of the items raised in this section please contact David Owens.
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Governance
Publications/Guidance Back to top
Community services governance indicators:
frequently asked questions. This document answers frequently
asked questions relating to reporting requirements for both 2011/12
and 2012/13.
If you require further information about any of the items
raised in this section please contact Vincent
Buscemi.
Health and Safety
Publications/Guidance
Safe management of healthcare waste. An updated
version of the safe management of healthcare waste guidance manual
is now available. A number of issues needed clarifying to improve
consistency of understanding and to advise of legislative changes
that have come into force since publication.
Evaluation of the national Cleanyourhands campaign to reduce Staphylococcus aureus bacteraemia and Clostridium difficile infection in hospitals in England and Wales by improved hand hygiene. This study evaluates the impact of the Cleanyourhands campaign on rates of hospital procurement of alcohol hand rub and soap; reports trends in selected healthcare associated infections; and investigates the association between infections and procurement.
Supporting doctors to provide safer care:
responding to concerns about a doctor's practice. The purpose
of the document is to help responsible officers to understand and
enact their statutory duty to respond effectively to concerns about
a doctor's practice. It provides a generic framework, a model for
establishing the level of concern and lists the essential
components of an organisational policy to support a consistent,
equitable and fair process.
If you wish to discuss any of the items raised in this section
please contact Joanna
Lloyd.
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Information and Data SharingPublications/Guidance
The European Commission has co-financed a project
to use the European Health Insurance Card in developing
cross-border eHealth services, enabling secure access to
patient information in different EU countries.
By definition: improving data definitions and their use by the NHS. This briefing highlights that differences in the recording of details for a patient who stays in hospital for less than 24 hours are a major cause of dispute between NHS commissioners and providers. It discovers that the same treatment may be recorded as an inpatient service at one hospital, or as an outpatient at another and that this variation can increase charges.
A&E data sharing audit underway. Announces that the DH is conducting an audit to see whether accident and emergency departments are collecting and sharing de-personalised data on violent assault with local partners. The audit determines levels of engagement with information sharing and the extent to which data sharing has become standard practice in A&Es. The audit is mandatory for all acute trusts including foundation trusts.
'Striking the balance' - Practical guidance on the application of Caldicott Guardian Principles to domestic violence and MARACs (Multi Agency Risk Assessment Conferences). This guidance assists those involved in information sharing between agencies on highest risk cases of domestic abuse. It sets out the the underlying ethical considerations so that tensions between confidentiality and information sharing may be resolved, highlighting the balance between maintaining the individuals’ confidentiality and privacy and wider considerations such as protection from harm.
Bevan Brittan Updates
First NHS Fine handed out for a breach of Data Protection. The
Information Commissioner’s Office (ICO) has this week handed out
the first fine to an NHS organisation for a breach of the Data
Protection Act 1998.
If you wish to discuss any of the items raised in this section
please contact
James Cassidy.
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Inquests
Bevan Brittan Events
Annual
Inquest Update. 29 May 2012 : 9.30am Registration, Seminar
10.00 - 12.30. Location: London Chamber of Commerce and Industry,
33 Queen Street, London EC4R 1AP. Bevan Brittan's Annual Inquest
Update will consider the important changes in case law over the
past year.
register your interest in this event
If you wish to discuss any of the items raised in this section
please contact Joanna
Lloyd.
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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:-
New CTO Treatment arrangements
Inhouse produced forms - not meeting the wording in the
regulations
Implied consent and capacity - can compliance mean
consent?
s37/41 restriction orders anddischarge
criteria
Nearest relative
Apologising post inquest
Rise in the number of applications to the Tribunal
recently?
Training
We had an interesting lunch time talk from Paul Barber this month.
If you would like to come along to any of our lunch time sessions
just let me know. You can attend in London , Bristol or
Birmingham.
If you would like to see what is coming up click here.
If you would like information about how to access the Bevan Brittan Mental Health Extranet please email Claire Bentley by clicking here.
Publications/guidance
Review of services for people with learning
disabilities. The CQC has published a further 36 reports from a
targeted programme of 150 unannounced inspections of hospitals and
care homes that care for people with learning disabilities. The
programme is looking at whether people experience safe and
appropriate care, treatment and support and whether they are
protected from abuse. A national report into the findings of the
programme will be published later this year.
The dementia voice nurse service pilot: overview of findings and learning from the evaluation of the two year pilot programme. This briefing looks at data gathered over a 24 month period and shows the value of employing a dementia specialist end of life nurse based within a housing and care organisation. The savings identified through the service has led to the Dementia Voice Nurse (DVN) not only becoming a core offering of the dementia support service in Westminster but also to the granting of further funding to allow Housing 21 to extend the service to two other local authority areas. It is estimated that the DVN service wholly or partly contributed to total cost savings of more than £314K over the two years, in terms of avoided hospital, residential and nursing home admissions and ambulance services.
Gay and bisexual men’s health survey. With
6,861 respondents from across Britain, this is the largest survey
ever conducted of gay and bisexual men's health needs in the world.
It finds that many of their needs are not being met and that there
are areas of concern - particularly in mental health and drug use -
that have been overlooked by health services which too often focus
solely on gay men's sexual health.
Improving the mental health of prisoners. NICE
will develop guidance aimed at improving the mental health of
people in prison, following the latest topic referral from the
Department of Health. It is estimated that around 90 per cent of
all prisoners have a diagnosable mental health problem, including
personality disorders, and/or a substance misuse problem.
Investing in emotional and psychological wellbeing
for patients with long-term conditions. This is a guide to
service design and productivity improvement for commissioners,
clinicians and managers in primary care, secondary care and mental
health. The collation of evidence and emerging economic analysis,
together with examples of service design and delivery in this
guide, aims to assist in designing services, improving productivity
and learning across disease-specific groups.
Long-term health gains: investing in emotional and
psychological wellbeing for patients with long-term conditions and
medically unexplained symptoms. A new Mental Health Network
report brings together the evidence across diabetes, chronic
obstructive pulmonary disease and coronary heart disease, plus
medically unexplained symptoms, to present a business case for
investing in psychological services. This briefing summarises the
report and describes how primary and secondary health services can
improve patient outcomes, while reducing the overall costs of care
for the NHS.
Mental health and homelessness: planning and
delivering mental health services for homeless people. This
briefing sets out the policy context around tackling homelessness
and addressing the mental health needs of homeless people. It also
examines what considerations need to be made when planning,
designing and delivering mental health services for homeless people
and highlights examples of good practice.
Practice Direction: First-tier Tribunal Health
Education and Social Care Chamber: Statements and Reports in Mental
Health Cases. This practice direction specifies the contents of
the statements and the reports that are to be sent or delivered in
accordance with rule 32. It replaces the previous Practice
Direction on mental health cases dated 30 October 2008 with effect
from 06 April 2012.
Room specifications recommendations for Tribunal
Hearings. Following consultation with stakeholders and, in
particular, NHS Mental Health Trust Chief Executives in November
2008, this document is intended to remind Administrators of the
minimum requirements for rooms provided by the Responsible
Authority for hearings conducted by the First-tier Tribunal when
the Tribunal visits hospitals and hears cases in accordance with
the Mental Health Act 1983 (as amended).
Guidance booklet: Reports for Mental Health
Tribunals. This is the second edition of this booklet, and it
takes account of changes to the practice direction that came into
effect on 6 April 2012. There are three key changes:
a. In all cases involving a community patient whose case is
referred to the tribunal, Responsible Clinicians are asked to give
their assessment of the patients capacity to decide whether or not
to attend, or be represented at, a hearing of reference.
b. In cases involving patients on a conditional discharge, there is
a new requirement that Responsible Clinicians and Social
Supervisors send their reports directly to the tribunal;
c. Where the patient is under the age of 18, there are new
requirements in relation to the Social Circumstances
report.
Cases
E (As personal representative of the estate of M, Deceased) v (1)St
George's Healthcare NHS Trust (2) Wandsworth Primary Care Trust (3)
South West London & St George's Mental Health NHS Trust (2012).
£20,000 was awarded to the claimant in relation to the suicide of
his son in June 2008, who had been seen by a variety of staff from
each defendant after he presented at a hospital stating that he was
depressed and wanted to commit suicide.
DD v (1) Durham County Council (2) Middlesbrough
City Council [2012] EWHC 1053 (QB). The court refused to grant
the applicant leave to bring civil proceedings under the Mental
Health Act 1983 s.139, as there was no real prospect of
establishing liability against the relevant approved mental health
practitioners.
News
Strasbourg judges have got it wrong in case of
man's mistreatment in custody: judgment in MS v UK from European
court leaves publicly funded authorities threatened with litigation
from all sides. Article by Rosalind English in the Guardian.
She argues that the ruling in MS v UK will leave publicly funded
authorities at risk of increased litigation and that the judgment
is a "prime example" of using Art.3 ECHR as a social and economic
right rather than a basic civil right.
Patients with learning disabilities receive poorer care,
doctors’ poll shows. A poll carried out on behalf on the GMC
found that most doctors believe that patients with a learning
disability receive poorer care than rest of the population. In
response to this, the GMC have developed an online resource that provides guidance and support to
GPs treating patients with learning disabilities.
CQC publishes 36 reports from its review of
services for people with learning disabilities. The Care
Quality Commission has published a further 36 reports from a
targeted programme of 150 unannounced inspections of hospitals and
care homes that care for people with learning disabilities, which
looked at whether people experience safe and appropriate care,
treatment and support and whether they are protected from abuse. A
national report into the findings of the programme will be
published later this year. The inspections focused on two outcomes
relating to the Government’s essential standards of quality and
safety: the care and welfare of people who use services, and
safeguarding people who use services from abuse. Inspectors found
major concerns at five locations: Assessment and Intervention
Service (Birling Centre) (Kent and Medway NHS & Social Care
Partnership Trust); 9 Victoria Street (Derbyshire CC); Elmsmead
(Voyage Ltd); Cheswold Park Hospital (Riverside Health Care); and
Willes Road (Turning Point). The full reports are available on
CQC's
website (see reports dated 25 April).
If you wish to discuss any of the items raised in the above section please contact Simon Lindsay.
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Primary Care
Publications/Guidance
Choice of GP practice: Guidance for all PCTs -
covering Outer Boundaries, Open and Closed Lists and aspects of the
Patient Choice Scheme. Provides more detailed guidance on
issues around choice of GP practice that affect all PCTs.
Specifically, it covers the legislative changes implementing outer
boundary areas and the new list closure procedures, as well as the
aspects of the Patient Choice Scheme which could affect PCTs in
those areas not participating in the piloting arrangements. It
should be read alongside the document published on 4 April 2012
Choice of GP practice: Further guidance: The
Patient Choice Scheme.
Investigating the prevalence and causes of
prescribing errors in general practice: the PRACtICe study.
This study of GP prescribing has found that while the vast majority
of prescriptions written by family doctors are appropriate and
effectively monitored, around 1 in 20 contain an error. It goes on
to recommends a greater role for pharmacists in supporting GPs,
better use of computer systems and extra emphasis on prescribing in
GP training.
Baseline spending estimates for the new NHS and
public health commissioning architecture. This briefing
summarises the Department of Health document published on 7th
February 2012 on baseline spending estimates on public health. It
also gives the LGA's key messages in relation to public health
funding and provides Chief Executives and Directors of Finance with
advice on how they can assure themselves that the PCT estimate of
public health spending will be adequate to meet the future resource
requirements for public health from 2013.
On line benchmark for out of hours services.
This tool aims to allow anyone with an interest in out of hours
services – whether service user, provider or commissioner – to see
how their local service is performing compared to others. It was
developed from the fourth round of the Primary Care Foundation’s
national benchmarking exercise and includes data from 104 of the
151 English primary care trusts. The benchmark is based on detail
summarised in over 40 indicators including cost, quality, outcomes,
timeliness and patient experience.
Direct access to diagnostic tests for cancer: best practice referral pathways for general practitioners. This guidance aims to help GPs in determining which patients would be suitable for direct referral to local services providing the diagnostic tests. It deals specifically with the circumstances and symptoms that may warrant such referrals and is aimed at health care professionals across primary and secondary care and those who both provide and commission services.
Legislation
Primary Medical Services (Patient Choice Scheme)
Directions 2012. These Directions set out the requirements on
PCTs considering establishing patient choice scheme arrangements.
They come into force on 30 April 2012 and cease to have effect on 1
April 2013.
Primary Medical Services (Directed Enhanced
Services) (England) (Amendment) Directions 2012. These new DES
Directions came into force on 1 April 2012. They replace the 2010
DES Directions.
News
Payment for GP practices in recognition of
underspend in 2010-11. The DH has announced that following
negotiations between the GPs’ Committee of the BMA and NHS
Employers, ministers have signed off a new method for calculating
dispensing fees. As part of the negotiated settlement, ministers
have also agreed that a one-off payment of £10m should be made
across GP practices in England. This payment, funded by the DH, is
in recognition of the dispensing and personally administered fees
underspend in 2010-11.
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
Strategic review of the Nursing and Midwifery
Council (NMC): interim report. This interim report focuses on
regulatory purpose, leadership, governance, decision making and
operational management. It sets out 16 recommendations to help the
NMC carry out its regulatory role better in the future.
If you wish to discuss any of the items raised in this section
please contact Carlton
Sadler.
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General
Publications/Guidance
The waiting game: the results of Patients
Association research into elective surgical procedures. This
research shows an increase in waiting times for surgical procedures
and a decline in the number of operations being carried out. It
calls for more transparency about waiting times in individual
clinical areas.
The General Medical Council (GMC) has released a guidance setting out the expectations of doctors when they use social media as part of a consultation on explanatory guidance which includes revisions and new documents.
The Department of Health has published new guidance on the Cancer Drugs Fund, which aims to help speed up access to drugs needed by cancer patients. In most cases patients should be able to access drugs within a matter of days of an application being made to the Fund.
Acronym buster. The NHS Confederation has published an NHS acronym buster that is designed to help you quickly get to grips with the many acronyms used in the NHS, and take the online quiz to test your NHS knowledge. It is set out alphabetically so you can easily look up what a set of initials stands for, and includes acronyms for both existing and new NHS organisations. The acronym buster is part of the new NHS Handbook 2012/13.
Clinical Negligence Scheme for Trusts (CNST) cover for independent sector providers in 2012-13 - update. This letter provides an update to the CNST cover for independent sector providers in 2012-13 has been published. All standard acute contracts in place with independent sector providers with an expiry date of 31st March 2012 must be extended and the revised expiry date will be 30th June 2012.
Attributing the costs of health & social care Research & Development (AcoRD). AcoRD establishes a mechanism for the Department of Health to meet some of the costs of charity-funded research in the NHS, for charities that are members of Association of Medical Research Charities. The agreement recognises the contribution medical research charities make to excellent research in the NHS. The guidance clarifies the distinction between the three categories of costs associated with non-commercial research studies: research costs; NHS support costs; and treatment costs.
Nutrition screening survey in the UK and Republic
of Ireland in 2011. This is the fourth annual nutritional
screening report and it reveals that malnutrition is not just a
problem amongst older people, as it affects 26% of those aged
between 20-29 years old who are admitted to hospital. The report
highlights the need for consistent and integrated strategies to
detect, prevent and treat malnutrition to exist within and between
all care settings, not just in hospitals.
Cases
R (De Almeida) v Kensington & Chelsea RLBC [2012]
EWHC 1082 (Admin) (Admin Ct). The court held that too high a
threshold had been applied by a local authority when deciding that
an individual terminally ill with AIDS was not entitled to
accommodation and support pursuant to s.21 of the National
Assistance Act 1948.
Consultations
Long term conditions. Developing a cross-government
strategy. The DH has issued an informal consultation on its
development of a Long Term Conditions Strategy that will set out a
vision for how services such as health, social care, education,
housing and others can work together to improve life chances and
outcomes for people living with long term conditions. This vision
will cover helping to prevent or delay the onset of conditions,
preventing deterioration of conditions and helping to develop
joined up services to support people living with long term
conditions. The strategy won’t cover specific detail of how
services are delivered. The closing date for comments on what
should be in the strategy is 15 June 2012. DH aims to publish the
Strategy by the end of 2012; it will apply to England only.
Responsible officers in the new health
architecture: a public consultation on the amendments to the
Medical Profession (Responsible Officers) 2010 Regulations.
Proposals to ensure the language competence of doctors have been
put forward as part of a consultation on regulations governing the
role of responsible officers. Under the proposals, responsible
officers would work with the General Medical Council to ensure
doctors working in their organisation have all the right checks
including making sure they understand NHS processes and medicines.
It is aimed at ensuring that the Medical Profession (Responsible
Officers) Regulations 2010 are appropriate for the new health and
care structures and that patients continue to be protected through
the evaluation of fitness to practise and monitoring of conduct and
performance of doctors. The deadline for comments is 25 July
2012.
Legislation
Queen's Speech 2012. The Queen has outlined the
Coalition Government’s legislative programme for the next year, on
the State Opening of Parliament. The proposed Bills include: a
Draft Care and Support Bill that aims to modernise adult care and
make access to support clearer and more equal. This will include
giving people greater choice and making councils adapt the services
they offer to people's needs and experiences; and a Public Service
Pensions Bill that implements controversial reforms to public
sector pensions. Moves public sector pensions over to a career
average scheme and extends the age at which members can draw their
pensions. The Government says this will make them sustainable, with
costs shared between employers, workers and taxpayers 'more
fairly'. See also the Briefing notes on the announcements.
News
The Health Secretary, Andrew Lansley, has sent a letter to Death Certification National Steering
Group members advising of a delay until April 2014 of full
implementation of the proposed new local medical examiner (ME)
service.
A National Institute for Health Research School for Public Health Research has
been set up by the Department of Health. The Institute aims to:
narrow the gap between the users and suppliers of research;
undertake applied translational research; and increase the evidence
base for effective public health practice. It has a budget of £20m
over five years.
Overnight discharges from NHS hospitals to be examined. The BBC reports that the Government is to investigate allegations that hospital patients in England have been discharged overnight to free up beds. The Times newspaper discovered, via Freedom of Information requests, that 100 NHS trusts sent 239,233 patients home last year between 23:00 and 06:00. NHS medical director Prof Sir Bruce Keogh said people should be sent home only when it was appropriate and safe.
Bevan Brittan Updates
Cookie
crunch: Is your website ready for the 26 May deadline? By
26 May 2012, all UK organisations that operate a website will need
to obtain consent from visitors to its website in order to continue
using cookies. The EU rules on the use of internet cookies changed
following amendments made to the E-Privacy Directive. Those changes
were implemented in the UK last year following amendments to the
Privacy and Electronic Communications (EC Directive) Regulations
2003.
Public Services (Social Value) Act 2012. Elizabeth Cooper considers the new Public Services (Social Value) Act 2012 and how far a public body can take non-commercial considerations into account when procuring public contracts.
Under the microscope – Reform of pathology services. The Carter Report advised on savings and service improvements that could be made within Pathology Services. In this article we review the options available to the NHS as they strive to optimise the standard of service provided.
If you wish to discuss any of the items raised in this section please contact Claire Bentley.
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