29/03/2019

Bevan Brittan provides high quality, comprehensive advice to the NHS and independent healthcare sector. 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 and independent sector which have been published in the last month.  

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Training Events

Information sharing

Knowledge Transfer

Inquests

Acute and emergency care

Mental Health

Brexit

Primary Care

Children

Procurement

Clinical Risk/Patient Safety

Providers

Commissioning

Public Health

Employment/HR

Regulation

Finance

Social Care

Housing and health

General

Independent Health

 

 

If someone forwarded you this email you can sign up for your own free copy here delivered directly to your inbox.   

Bevan Brittan Free Training Events 

Bevan Brittan Events

The First 72 hours After a Health or Social Care Crisis. The purpose of this session is to focus on an organisation’s legal, regulatory and reputational response within the first 72 hours of a major incident or catastrophic event.

Employment seminars: Shining a light on wrongdoing at work. For over a year, the media spotlight has focussed on employees who have stepped forward to speak out about misconduct at work, from hostesses serving at a charity dinner through to the corridors of Westminster. Whilst the current context has been sexual harassment it is, of course, equally important that employers support and protect employees who raise concerns about all forms of inequality – as well as other serious issues, such as bullying and harassment. Please join us for our free half day training session looking at current issues relating to the raising of concerns at work.

Procurement Updates - We will cover legislative and policy developments, including guidance on dealing the procurement aspects of outsourcing and corporate financial distress after Carillion, case law - with a focus on development agreements in the light of the Faraday Court of Appeal decision, and Brexit.

REGISTER HERE: Birmingham 13/05/2019, Bevan Brittan LLP, Interchange Place, Edmund Street, Birmingham, B3 2TA. Afternoon session: Registration and lunch: 13:00 - 13:30 seminar 13:30 - 16:30

REGISTER HERE: Leeds 14/05/2019, Horizon, 2 Brewery Wharf, Kendell Street, Leeds, LS10 1JR. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch

REGISTER HERE: London 15/05/2019, etc.venues Farringdon, The Hatton, 51-53 Hatton Garden, EC1N 8HN. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch

REGISTER HERE: Bristol 16/05/2019, The William Jessop Suite, The Bristol Hotel, Prince Street, Bristol, BS1 4QF. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch.

Clinical Risk Webinars
Bevan Brittan Clinical Risk/Medical Law Training -
These are internal hour long lunch time training sessions that are attended by our team of solicitors. If your organisation is a Bevan Brittan client you can sign up to watch the training sessions remotely via our webinar facility. The next sessions coming up are:-

1. Product liability claims - Defective product claims involving medical devices. 16 April 2019

2. Cauda Equina claims - An overview of cauda equina claims - breach of duty, causation and quantum points for practitioners. 30 April 2019 

If you would like to receive more information about the webinars up just ask Claire Bentley.  

Knowledge Transfer

Training. In addition to our free training programme for 2019, we also provide bespoke knowledge transfer sessions on a range of healthcare law topics. If you wish to discuss any queries you may have around training or webinars please contact Claire Bentley.  

Early Intervention Scheme and Triage. Our EIS allows us to help commissioners, providers and care co-ordinators identify packages of care and treatment interventions, for people who lack capacity, that need an appropriate legal framework. If you would like more information click here.

CCTV in care packages. Our team has prepared a comprehensive knowledge pack which offers guidance to commissioners, providers and care co-ordinators, using CCTV in care environments, with service users who lack capacity to consent to their care regime. If you would like more information click here.

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Acute and emergency care

Publications and guidance

The state of care in independent ambulance services: findings from CQC’s programme of comprehensive inspections in England This report calls on independent ambulance services, commissioners and the wider system to do more to make sure patients are safe, following concerns identified during CQC inspections. The CQC found evidence of good practice and improvements made by some individual services, but concerns remain about how safely and effectively independent ambulance providers are caring for people using their services.

Sepsis guidance implementation advice for adults NHS England.  NHS England guidance on sepsis states that staff should look for sepsis at an early stage in patients coming to accident and emergency departments and those who are already on wards. They should alert senior doctors if patients with suspected sepsis do not respond to treatment within an hour, as part of the NHS Long Term Plan to save thousands more lives.

News

NHS to test new rapid care measures for patients with the most urgent mental and physical health needs. People who arrive at A&E experiencing a mental health crisis will receive emergency care within one hour under NHS pilot schemes aimed at improving care and saving more lives.

Bevan Brittan helps the Great Western Air Ambulance purchase its new air base.

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

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Brexit 

Publications/Guidance 

Planning for a possible no-deal EU Exit: information for the health and care sector Guidance for industry and organisations involved in health and care about contingency plans for a no-deal Brexit.

Bevan Brittan Updates

Procurement: PPN 02/19 Preparing for the UK Leaving the EU

If you wish to discuss any queries you may have around Brexit please contact Claire Bentley

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Children 

Publications/Guidance 

Improving young people’s experiences in transition to and from inpatient mental health settings This short guide, produced in association with the Social Care Institute for Excellence, will help practitioners to work with young people to ensure that they are prepared for a planned admission and that their care and support after discharge is tailored to their needs. It covers: planning for admission; preparing for discharge; care and support after discharge; crisis planning; and information and support for parents and carers.

Child death reviews: forms for reporting child deaths Forms to help child death overview panels (CDOPs) assess the causes of a child’s death as part of the child death review process.

Safeguarding children and protecting professionals in early years settings: online safety considerations for managers. This document is to help managers of early years settings (including wrap around care for the early years age group) ensure their online safeguarding practice is in line with statutory requirements and best practice.

Transforming children’s services This report looks at the current pressures on children's social care and what the Department for Education has been doing to make the quality or finances of these services sustainable. The report concludes that the Department for Education has not done enough and requires: a step-change in the understanding of pressures; the reduction of unnecessary variation between areas in their social care activities and the costs of providing them; and greater pace in its work with struggling local authorities.

Health visiting: giving children the best start in life The health visiting service plays a crucial role in giving children the best start in life, and this collection of case studies shows how councils have embraced the opportunity to make a difference in this key development stage.

News

Surrey boy with special needs spent too long in inappropriate school. Surrey County Council took 15 months too long to issue a disabled boy’s Education, Health and Care (EHC) plan, and unfairly limited his father’s ability to chase for updates, a Local Government and Social Care Ombudsman investigation has found.

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

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Clinical Risk/Patient Safety 

Publications/Guidance 

A review of the first year of NHS trusts implementing the national guidance. This report states that Care Quality Commission (CQC) inspections have shown good progress is being made by some NHS hospital trusts to implement national guidance on learning from deaths. However, failure to fully embrace an open, learning culture may be holding organisations back from making the required changes at the pace needed. See press release

A practical guide for responding to concerns about medical practice. This guide provides generic, practical advice for responsible officers in all designated bodies in England to address a potential concern about a doctor’s practice in a manner consistent with existing literature and previously established principles.

The state of care in independent ambulance services: findings from CQC’s programme of comprehensive inspections in England. This report calls on independent ambulance services, commissioners and the wider system to do more to make sure patients are safe, following concerns identified during CQC inspections. The CQC found evidence of good practice and improvements made by some individual services, but concerns remain about how safely and effectively independent ambulance providers are caring for people using their services.

Improving patient safety through collaboration: a rapid review of the academic health science networks’ patient safety collaboratives.This report discusses the progress and impact made by England’s Patient Safety Collaboratives (PSCs) in their first four years. It was commissioned by The AHSN Network and written by The King's Fund. The report notes how interest is shifting from supporting the improvement of individual services to improving how different services work together in local systems. It highlights the role the PSC programme has had in creating a movement for change and cultivating a shared vision among health and care organisations. It also suggests some areas PSCs and national NHS bodies could focus on to further support innovation, quality improvement and patient safety.

NHS injury costs recovery scheme: April 2018 to March 2019 Data on the funds collected by the Compensation Recovery Unit and funds paid to the NHS.

Clostridium difficile infection objectives Sets out the objectives for acute trusts and clinical commissioning groups to make continuous improvement in Clostridium difficile infection (CDI) care

Tools to support the system to consistently manage and remove urinary catheters. The urinary catheter tools have been developed collaboratively with national experts to support providers in delivering consistent evidence based catheter care. The use of the tools needs to be supported by strong leadership and education.

NHS: Negligence: Written question - 234134 In response to a written question asking if it will work with the Civil Justice Council (CJC) to fix recoverable costs for clinical negligence claims above £25,000 and below £250,000, the Ministry of Justice stated that CJC is expected to report shortly on proposals to extend fixed recoverable costs (FRC) in clinical negligence cases up to £25,000 damages and the Government will consult before implementing any extension of FRC following the CJC report.

NHS waiting times for elective and cancer treatment This review presents data on the NHS’s performance against current waiting times standards for elective and cancer care in England, and some of the factors associated with that performance. It draws together existing evidence and analysis by the Department of Health and Social Care, NHS England, NHS Improvement and other stakeholders. The report discusses: changes in waiting times performance, and variations in that performance; the impact of waiting times performance on patients; the factors that influence waiting times performance; and NHS England’s and NHS Improvement’s approach to managing and improving waiting times performance.

Cases

Kwaku Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB)  Although an NHS trust had breached its duty in failing to advise a pregnant woman that she had a significantly greater risk than the average woman of having to have an emergency caesarean section and that a planned section was an alternative to induction of labour, had she been properly advised she probably would have opted for induction in any event. Accordingly, although an emergency section was required, there was no causation between the breach and an infection that the woman contracted following the section, which subsequently led to her death.

X and Y (Delay : Professional Conduct of Expert) [2019] EWFC B9 HH Clifford Bellamy made some observations in relation to the role of the expert, particularly when that expert cannot report on time. The observations in relation to the need for an expert to know the importance of complying with court timetables and being proactive in notifying the court.

George Andrews v Greater Glasgow Health Board [2019] CSOH 31. The fact that the junior doctor discussed the deceased’s case with a consultant on the phone does not have the effect of exonerating him from his failure to exercise reasonable care.

News

First Chief Midwife appointed to drive world-class NHS care for new mums

Leading trust warns NHS England over patient safety

Webinars   

Bevan Brittan Clinical Risk/Medical Law Training - These are internal hour long lunch time training sessions that are attended by our team of solicitors. The next training sessions coming up are:-

1. Product liability claims - Defective product claims involving medical devices. 16 April 2019

2. Cauda Equina claims - An overview of cauda equina claims - breach of duty, causation and quantum points for practitioners. 30 April 2019.

You can sign up to watch the training sessions remotely via our webinar facility.  Just ask Claire Bentley. 

If you wish to discuss any clinical risk or patient safety issues please contact Joanna Lloyd or Penelope Radcliffe.

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Commissioning   

Publications/Guidance 

NHS standard contract and national variations 2019/20. NHS England has published the NHS standard contract for 2019/20 and supporting guidance.

Clinical commissioning groups This report looks at changes to the structure of NHS commissioning organisations. It describes how the NHS long-term plan sets out the intention for integrated care systems to cover the whole of England by 2021, resulting in a reduction in the number of clinical commissioning groups (CCGs). It finds that many CCGs are currently underperforming, which the report concludes will need to improve as they take on the responsibility for commissioning services across larger populations. The report also concludes that getting the commissioning structures right will be an important part of delivering the NHS long-term plan.

Commissioning data on neurological conditions The Neurological Alliance has published data which may be of use to commissioners on the prevalence of neurological conditions.

If you wish to discuss the issue of commissioning please contact David Owens.

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Employment/HR  

Publications/guidance

Maximising the potential: essential measures to support SAS doctors This report outlines measures to support Specialty and Associate Specialist (SAS) doctors and sets out how Health Education England, NHS Improvement, NHS Employers and other partners will work together to support and develop SAS doctors. The guidance describes measures including effective induction and appraisal to support and develop their careers and use their skills in ways that realise their full potential.

 New data on gender pay gap in medicine An update from the review on the gender pay gap in medicine shows that in the NHS, two in three consultants are men, and that men earn £1.17 for every £1 earned by women.

Consultation response: The National Health Service Pension Scheme, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 The original consultation ran from 18 December 2018 to 28 January 2019, and proposals included changes to contribution rates, providing civil partners and same-sex spouses with the same survivor pension rights as widows, and extending the current forfeiture of pension benefits rules. The government received almost 1,500 responses to the consultation. This report summarises the consultation findings and the government’s response.

A review of the fit and proper person test. This independent review, led by Tom Kark QC, considers how effectively the fit and proper person test prevents unsuitable staff from being redeployed or re-employed in health and social care settings. It sets out seven recommendations, including: developing competencies for directors; making a central database of directors’ qualifications, training and appraisals; and expanding the definition of serious misconduct. The current fit and proper person test is designed to ensure that senior staff who are responsible for quality and safety of care are fit and proper to be in their roles. The test applies to directors in the NHS, the independent health care sector and the adult social care sector.

News

BMA to sue over NHS pension changes. The British Medical Association (BMA) has written to Secretary of State for Health and Social Care Matt Hancock and officials in Scotland and Northern Ireland to warn of its intention to take legal action on behalf of members of an NHS pension scheme which they say discriminated against younger staff. The BMA alleges that the failure to allow younger doctors to benefit from transitions which would have prevented them from receiving less valuable retirement benefits constituted unlawful age discrimination.

GMC to ask specialist doctors about workplace experiences for the first time. The one in six UK doctors who are not GPs, consultants nor in training roles are to be asked about their workplace experiences for the first time by the General Medical Council (GMC).

Bevan Brittan Updates

NHS Staff Survey Results 2018: Key Findings

Pensions update - benefits statements vs employment status

Court of Appeal case on overlapping MHPS process, GMC suspension and police investigation

Bevan Brittan Events

Employment seminars: Shining a light on wrongdoing at work. For over a year, the media spotlight has focussed on employees who have stepped forward to speak out about misconduct at work, from hostesses serving at a charity dinner through to the corridors of Westminster. Whilst the current context has been sexual harassment it is, of course, equally important that employers support and protect employees who raise concerns about all forms of inequality – as well as other serious issues, such as bullying and harassment. Please join us for our free half day training session looking at current issues relating to the raising of concerns at work.

If you wish to discuss any employment issues generally please contact Julian Hoskins or James Gutteridge.

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Finance 

Publications/Guidance

Failing to capitalise: capital spending in the NHS. This briefing concludes that a short-termist approach has resulted in years of declining and inadequate capital spending for the NHS in England, risking patient care and staff productivity. It also warns that an ageing infrastructure, together with a substantial and growing repairs backlog, is likely to undermine ambitions to transform the health service, including plans to improve cancer survival and make the NHS a world leader in technology-driven care.

Payments and contracting for integrated care: the false promise of the self-improving health system Why should the new payment systems being developed to support integrated care be any more successful than previous ones? This report calls for urgent reform of the system for paying and contracting for services in the NHS.

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

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Housing and health 

Publications/guidance

Housing and health: opportunities for sustainability and transformation partnerships. This short report, supported by the National Housing Federation, is intended to help those leading and contributing to sustainability and transformation partnerships (STPs) and emerging integrated care systems (ICSs) to make the most of the contribution that housing can make to health as they deliver and continue to develop. Behind this lies our belief that housing is one of the core local services that STPs and ICSs need to engage with at a strategic level as they develop population health systems.

Bevan Brittan Updates 

Know the facts: Homes (Fitness for Habitation) Act. Act amendments came into force on 20 March 2019

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

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Independent Health  

Publications/Guidance 

The state of care in independent ambulance services: findings from CQC’s programme of comprehensive inspections in England. This report calls on independent ambulance services, commissioners and the wider system to do more to make sure patients are safe, following concerns identified during CQC inspections. The CQC found evidence of good practice and improvements made by some individual services, but concerns remain about how safely and effectively independent ambulance providers are caring for people using their services.

CQC puts independent doctors and clinics under the microscope This report gives an overview of care from inspection findings for doctors and clinics that provide primary medical services in the independent or private sector – that is, those not provided by NHS organisations. It found that many services were responding to the needs of their patients, and delivering caring services tailored to people’s requirements and needs. However, a number were not meeting the necessary regulations and not delivering safe and effective care.

News

First private cannabis clinic opens amid addiction crisis fears. The UK's first dedicated medical cannabis clinic has opened, despite concerns raised by some pain specialists about a renewed opioid-style addiction crisis and the overuse of a relatively untried medicine. Doctors and investors behind the private clinic, which they hope will become part of a national chain, have stated that it would help patients in pain due to the failure of available therapies and NHS reluctance to use cannabis. 

If you wish to discuss any queries you may have around independent health please contact Vincent Buscemi.

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Information sharing/data  

Publications/guidance

Why the right of access to patient data needn't be a headache for GPs.  Following concerns expressed by GP's about solicitors using GDPR to obtain clients' medical records, the Information Commissioner 's Office said subject access requests need not be a headache for GPs and that requests on behalf of a patient by their legal representative and accompanied with clear authority should be treated in the same way as a direct request from the patient.

News

Explore England's prescribing data. Every month, the NHS in England publishes anonymised data about the drugs prescribed by GPs. But the raw data files are large and unwieldy, with more than 700 million rows.

If you wish to discuss any queries you may have around information sharing please contact Will Pickles.

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Inquests

Cases

R (on the application of John Paul Chidlow) (Claimant) v HM Senior Coroner for Blackpool & Fylde (Defendant) & (1) Chief Constable of Merseyside (2) North West Ambulance Service [2019] EWHC 581 (Admin)  At an inquest, where there was apparently credible evidence related to causation of a death which, if accepted, together with general statistical evidence could properly lead the jury to find on the balance of probabilities that an event or omission more than minimally, negligibly or trivially contributed to the death, it would usually be proper and safe to leave causation to the jury.

Consultations

Consultation on coronial investigations of stillbirths. This consultation,  seeks views on proposals for introducing coronial investigations of stillbirth cases in England and Wales. This consultation has been prepared jointly by the Ministry of Justice and the Department of Health and Social Care and is an important step towards delivering the Government’s commitment to reduce the rate of stillbirths. Closes 18 June 2019

If you wish to discuss any queries you may have around inquests please contact Will Pickles.

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Mental Health 

Publications/Guidance

Mental health services: addressing the care deficit. A report from NHS Providers reveals deep disquiet among NHS mental health trust leaders about a substantial care deficit resulting from the impact of growing social and economic hardship in their communities.

Improving young people’s experiences in transition to and from inpatient mental health settings This short guide, produced in association with the Social Care Institute for Excellence, will help practitioners to work with young people to ensure that they are prepared for a planned admission and that their care and support after discharge is tailored to their needs. It covers: planning for admission; preparing for discharge; care and support after discharge; crisis planning; and information and support for parents and carers.

Ordinary residence: anonymised determinations 2019 How the department resolves disputes in the health and social care sector when 2 or more local authorities cannot agree responsibility for meeting a person's eligible needs.

Neuro numbers 2019. This report shows that the number of neurological cases has now reached at least 14.7 million in England. This equates to more than one in six people living with one or more neurological conditions. The report also highlights that the prevalence of neurological conditions will continue to increase due to an ageing population, improvements in diagnosis and advances in neonatal care. In response to this new data, The Neurological Alliance is calling for neurology to be prioritised by the health and care system to ensure the needs of this growing patient group are met.

Mental health services: addressing the care deficit This report reveals deep disquiet among NHS mental health trust leaders about a substantial care deficit resulting from the impact of growing social and economic hardship in their communities. It looks at the levels of demand reported by frontline leaders across the range of services they provide, and examines what lies behind the growing pressures. In particular, the report identifies widespread concerns about benefits cuts and the impact of universal credit. It also suggests that loneliness, homelessness and financial hardship are adding to pressures on NHS mental health services.

Mental Health Conditions and Disorders: Draft Legal Guidance. A Crown Prosecution Service consultation seeks views on how the criminal justice system deals with those suffering from mental health issues. It focuses on revised guidance which is designed to assist decision making throughout the life of a criminal case, from the initial decision to prosecute, through fitness to plead to sentencing. Comments by 4 June 2019.A Crown Prosecution Service consultation seeks views on how the criminal justice system deals with those suffering from mental health issues. It focuses on revised guidance which is designed to assist decision making throughout the life of a criminal case, from the initial decision to prosecute, through fitness to plead to sentencing. Comments by 4 June 2019.

Beyond the high fence. This document is a joint publication by NHS England and Pathways Associates. It was co-produced with people with a learning disability and autistic people who are, or have been, in hospital and offers their views on what more needs to happen to improve quality of care and support people to make a successful return to their communities.

Outcomes for mental health services: what really matters? Through a series of over 100 conversations with people actively involved in mental health services in England, including current and former service users, this report highlights how frameworks for measuring outcomes are often too narrowly focused on clinical outcomes. While recovery-based frameworks are trying to widen this, neither approach fully captures what really matters to people. The report challenges those working in mental health services to find a consensus on the outcomes that matter to people with mental health problems.

Consultations

Committee launches inquiry into PHSO report on NHS eating disorder services The Public Administration and Constitutional Affairs Committee is launching an inquiry to explore the findings of the Parliamentary and Health Services Ombudsman's (PHSO) December 2017 report "Ignoring the Alarms: How NHS eating disorder services are failing patients". Written submissions by 30 April 2019.

Survey of the Mental Health of Children Looked After by Local Authorities in England NHS Digital. An NHS Digital consultation seeks views as part of its survey of the mental health of children and young people who are looked-after by the local authority such as in foster care, residential care, unaccompanied asylum seekers and youth offenders. The survey also covers those children that have recently ceased to be looked after. Comments by 24 May 2019.

Cases

King's College Hospital NHS Foundation Trust v FG [2019] EWCOP 7 The court made declarations both as to capacity and as to treatment of the P that were sought by ​King's College Hospital NHS Foundation Trust. ​The P suffered from paranoid schizophrenia and from a dislocated and fractured right shoulder that, in the opinion of the medical team, required manipulation and/or surgery under general anaesthetic. The P's paranoia was directly impacting on his capacity to make a decision around his treatment because he was very fearful of anaesthetic and the surgeon's knife and maintained he could not withstand a general anaesthetic. He refused to allow the treatment to be done so the NHS Trust applied to the CoP for an order. The court agreed with the NHS Trust that the P lacked capacity and allowed the planned treatment to go ahead.

CB v Medway Council & Anor (Appeal) [2019] EWCOP 5 Appeal against a decision which justified the P's deprivation of liberty was allowed. The P is a 91 year old woman who lived in a care home having previously lived at her own home with a package of care which did not work out. When deciding where the P should live, the judge, using her summary power, dismissed an application from the P's litigation friend, the OS, that she should be allowed to return home.

DM v Dorset County Council [2019] EWCOP 4  Application by the P against a decision that he lacked capacity to litigate on his own behalf in proceedings brought by Dorset County Council. Appeal dismissed.

B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3 22/2/2019 ​The court was required to make a range of capacity decisions in relation to the P's capacity to litigate in the proceedings, to manage her property and affairs, to decide where she resides, to decide on her package of care, to decide with who she has contact, to use the internet and communicate by social media and to consent to sexual relations.

Southern Health NHS Foundation Trust v AB & Ors [2019] EWCOP 10 25/3/2019 Application to prevent publication of a video of a patient, P, in her treating hospital. The application was granted.

DCC v NLH [2019] EWCOP 9 20/3/2019 Guidance has been given on the taking of samples from a person who does not have the capacity to consent.

Bevan Brittan Updates

Court of Protection Case Summary. Secretary of State for Justice v MM [2018] UKSC 60, Welsh Ministers v PJ [2018] UKSC 66 and Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

How can we help?

Fixed fee training packages. We have devised a two-part fixed fee training package to ensure mental health professionals are up to speed with their duties and to enable key managers to proactively manage caseloads. We regularly deliver these sessions to provider and commissioner organisations, including their partner agencies. If you would like more information click here.

Early Intervention Scheme and Triage. Our EIS allows us to help commissioners, providers and care co-ordinators identify packages of care and treatment interventions, for people who lack capacity, that need an appropriate legal framework. If you would like more information click here.

CCTV in care packages. Our team has prepared a comprehensive knowledge pack which offers guidance to commissioners, providers and care co-ordinators, using CCTV in care environments, with service users who lack capacity to consent to their care regime. If you would like more information click here.

Bevan Brittan Mental Health Extranet 

Would you like to access the Bevan Brittan Mental Health Extranet? - It is a secure online resource containing a discussion forum, knowledge bank and information about training events. If you would like access please contact Claire Bentley.   

If you wish to discuss any mental health issues please contact Hannah TaylorSimon Lindsay or Stuart Marchant.  

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Primary Care  

Publications/guidance

The primary care network handbook This handbook offers options to groups of practices looking to establish a primary care network (PCN). It includes detailed guidance on: governance structures; internal governance and decision-making; potential PCN structures and employment options; PCN funding; and PCN future workforce options.

GP contract directions 2019 to 2020 Directions setting out the legal framework under which GPs operate and are paid.

No room at the inn: how easy is it for nomadic Gypsies and Travellers to access primary care? This report describes the findings of a mystery shopping exercise in which the charity contacted 50 GP practices posing as a patient wishing to register who didn’t have a fixed address or proof of identity. It found that almost half of practices would not register them. Despite this, every GP practice was rated ‘good’ or ‘outstanding’ by the Care Quality Commission for their work with ‘people whose circumstances may make them vulnerable’.

News

Explore England's prescribing data. Every month, the NHS in England publishes anonymised data about the drugs prescribed by GPs. But the raw data files are large and unwieldy, with more than 700 million rows.

If you wish to discuss any issues involving primary care please contact Vincent Buscemi.

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Procurement  

Bevan Brittan Updates

Procurement: The Outsourcing Playbook. Central government guidance on outsourcing decisions and contracting and Outsourcing Guidance Notes - Published on 20 February 2019.

Procurement Pitfalls 5 – More on word counts.

Procurement: PPN 02/19 Preparing for the UK Leaving the EU

Procurement Pitfalls 6 - Overly rigid scoring methodology

Procurement Pitfalls 7 - Negotiations during complex procurements

Procurement: When bidding the lowest is not enough to get the best score for price

Bevan Brittan Events

Procurement Updates - We will cover legislative and policy developments, including guidance on dealing the procurement aspects of outsourcing and corporate financial distress after Carillion, case law - with a focus on development agreements in the light of the Faraday Court of Appeal decision, and Brexit.

REGISTER HERE: Birmingham 13/05/2019, Bevan Brittan LLP, Interchange Place, Edmund Street, Birmingham, B3 2TA. Afternoon session: Registration and lunch: 13:00 - 13:30 seminar 13:30 - 16:30

REGISTER HERE: Leeds 14/05/2019, Horizon, 2 Brewery Wharf, Kendell Street, Leeds, LS10 1JR. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch

REGISTER HERE: London 15/05/2019, etc.venues Farringdon, The Hatton, 51-53 Hatton Garden, EC1N 8HN. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch

REGISTER HERE: Bristol 16/05/2019, The William Jessop Suite, The Bristol Hotel, Prince Street, Bristol, BS1 4QF. Morning session: Registration: 09:30 - 10:00 seminar: 10:00 - 13:00, followed by lunch.

If you wish to discuss any queries you may have around procurement please contact Vincent Buscemi.

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Providers  

Publications/guidance 

Mental health services: addressing the care deficit. A report from NHS Providers reveals deep disquiet among NHS mental health trust leaders about a substantial care deficit resulting from the impact of growing social and economic hardship in their communities.

Contracting arrangements for integrated care providers: response to consultation NHS England has published its response following a consultation held about a new contract that can help local health and care communities provide better care for patients. Around 3,800 written responses from stakeholder events across the country were received about plans for an Integrated Care Provider (ICP) Contract, which will be an option to help local systems integrate care. This feedback will be used to further develop the ICP Contract, which will be available in its updated form as an option for use in local health and care systems from spring 2019.

If you wish to discuss any queries you may have around providers please contact Vincent Buscemi.

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Public Health 

Publications/Guidance  

The wider public health workforce: a review This review identifies three broad categories of work completed by the wider public health workforce: leading and advocating for health; influencing the wider determinants of health; and direct contact with individuals and communities. It reports on progress to date to engage and develop the wider public health workforce across a range of sectors: health care; social care; emergency services; voluntary, community and social enterprise; education; employment; criminal justice; housing; and planning.

Prevention before cure: prioritising population health This policy paper contains a suggested framework for a cross-government approach to prioritising population health. The framework outlines four areas that should be considered: addressing the social determinants that influence health; increased and sustained funding for public health; prioritising prevention through the health service; and effective regulation to tackle key drivers of ill-health.

News

Public health improving under councils, despite substantial cuts. The data demonstrates that the local authority delivery of public health is effective, accountable, efficient and offers great value for money.

If you wish to discuss any queries you may have around public health please contact Claire Bentley.  

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Regulation

Publications/guidance

The state of care in independent ambulance services: findings from CQC’s programme of comprehensive inspections in England This report calls on independent ambulance services, commissioners and the wider system to do more to make sure patients are safe, following concerns identified during CQC inspections. The CQC found evidence of good practice and improvements made by some individual services, but concerns remain about how safely and effectively independent ambulance providers are caring for people using their services.

CQC puts independent doctors and clinics under the microscope CQC has published a report on the state of care in independent doctor and clinic services providing primary medical care.

Bevan Brittan Events

The First 72 hours After a Health or Social Care Crisis. The purpose of this session is to focus on an organisation’s legal, regulatory and reputational response within the first 72 hours of a major incident or catastrophic event.

Bevan Brittan Updates

Guidance for Care Homes on Terms and Conditions

If you wish to discuss any queries you may have around regulation please contact Stuart Marchant.   

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Social Care  

Publications/Guidance  

Care home performance across England 2019. A briefing from an older people’s charity assesses the state of care home performance across England and looks at what is being done to tackle poor performance. The report uses publicly available inspection data from the Care Quality Commission to work out a total figure for the percentage of care homes in each local authority that are rated either “inadequate” or “requires improvement”. It sets out how Independent Age wants to see care home quality develop and the factors likely to prove most important.

Breaking point: the social care burden on women This report sets out the challenges facing many women who are carers. The report [change to 'It'] shows how women are going above and beyond what should reasonably be expected to care for loved ones because they are unable to find good, reliable social care support.

Exploring dementia and agitation: how public policy needs to respond With 850,000 people living with dementia in the UK, there is a significant need to understand how to improve the quality of life for them and their carers. This report summarises a number of key findings from the MARQUE (Managing Agitation and Raising Quality of Life in Dementia) project, led by Professor Gill Livingston from UCL. MARQUE is the largest-ever study involving people living in care homes.

Bevan Brittan Updates

Guidance for Care Homes on Terms and Conditions

If you wish to discuss any queries you may have around social care please contact Stuart Marchant.

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General  

Publications/Guidance

The state of ageing in 2019 This report brings together public data across four areas: work and finances; housing; health; and communities. It reveals vast differences in how people experience ageing depending on factors such as where they live, how much money they have or their sex or ethnicity. Today’s least well-off over 50s face far greater challenges than their wealthier peers and are more likely to die younger, become sicker earlier and fall out of work due to ill health.

Public satisfaction with the NHS and social care in 2018: results from the British Social Attitudes survey This report, written with the Nuffield Trust, shows that public satisfaction with the NHS overall continued to fall in 2018. The four main reasons people gave for being satisfied with the NHS overall were: the quality of care; the fact that the NHS is free at the point of use; the range of services and treatments available; and the attitudes and behaviour of NHS staff. The four main reasons people gave for being dissatisfied with the NHS overall were: long waiting times; staff shortages; a lack of funding; and money being wasted.

This report from the Red Cross - Getting hospital discharge right sets out recommendations to improve care when patients return home from hospital.

News

Government considers banning anti-vaccine social media posts. Secretary of State for Health and Social Care Matt Hancock has stated that he is considering plans to compel social media companies to remove anti-vaccine posts under a proposed duty of care on technology companies designed to fight glamorisation of suicide and self-harm. Measles has increased across Europe where there were 80,000 cases in 2018, four times the 2017 figure, as parents rejected the measles, mumps and rubella vaccine.

No majority view on assisted dying moves RCP position to neutral. The Royal College of Physicians (RCP) is to remove its opposition to assisted dying and adopt a neutral stance on the issue after announcing the results of a poll of its members. The survey of 6,885 doctors in 39 medical specialties found 49% opposing a change in the law, down from 58% when the poll was last carried out in 2014, with 41% supporting a change, up from 32%. It will no longer lobby MPs to retain existing laws, but will aim to set out both sides of the argument.

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