31/07/2019

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

Independent Health

Knowledge Transfer

Information/data sharing

Acute and emergency care

Inquests

Children

Mental Health

Clinical Risk/Patient Safety

Primary Care

Commissioning

Procurement

Digital Health

Providers

Employment/HR

Public Health 

Finance

Regulation

Foundation Trusts

Social Care

Housing and property

General

Immigration

Clinical Risk

 

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

12 September Learning from Deaths – Trust insights

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:-

6 August - Quantum - Hot topic update. A review of important recent clinical negligence quantum decisions and how to put helpful developments into practice.

3 September. Inquests and claims. Procedural differences between claims and inquests focussing on disclosure and experts.

If you would like to receive more information about the webinars 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.

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Acute and emergency care

Publications and guidance

Report of the 4th Survey of Liaison Psychiatry in England. This is the fourth Liaison Psychiatry survey of England. It concerns the Liaison Psychiatry services in acute hospitals with Emergency Departments in England. Of the eligible 175 hospitals, the Core 24 standard was met in 58 (33%) in mid 2018. This is ahead of the target by this stage of 20%. The first, second and third surveys recorded 9, 16 and 22 Core 24 services respectively. The major potential barrier to continuation of this good rate of growth is workforce; psychiatrists more than other professionals.

News

A&E clinical negligence claims cost NHS £404m. Delays, misdiagnosis and poor treatment in accident and emergency (A&E) departments are now the top cause of NHS negligence claims, overtaking orthopaedic surgery for the first time, where in 2017-18, NHS Resolution, which handles negligence cases, received 1,395 claims about A&E, 88 (7%) more than in the previous year, costing £404 million. In comparison, during the same period, there were 1,281 orthopaedic claims.

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

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Children 

Publications/Guidance 

CQC inspections of specialist paediatric radiology services. CQC has published a report bringing together the findings from its inspection programme for specialist paediatric radiology services in 12 NHS children’s hospitals in England.

Safeguarding children and vulnerable adults: general practice reporting: supporting documents. NHS England has published supporting documents on GP reporting of safeguarding of children and vulnerable adults, including: a briefing paper; overview of statutory, professional and contractual duties that apply in GP practices; a list of local systems prototyping new ways of working together to safeguard children; and examples of the safeguarding local enhance service

Joint targeted area inspections on the theme of children’s mental health Guidance for inspectors on carrying out joint targeted area inspections (JTAIs) of local area services on children's mental health.  Ofsted, Care Quality Commission, HM Inspectorate of Probation, HM Inspectorate of Constabulary and Fire and Rescue Services, and HM Inspectorate of Constabulary have jointly published guidance for inspectors on carrying out joint targeted area inspections (JTAIs) of local area services on children's mental health. The guidance will be used from September 2019 to evaluate children and young people's experiences living with mental ill health with a focus on those aged 10 to 15 years old.

Childhood vulnerability in England 2019 This report examines the latest scale of, and trends over time in, rates of childhood vulnerability. There are believed to be, in total, an estimated 723,000 children in England currently receiving statutory support or intervention (who are ‘in the system’).

Government set to begin next phase of gender transition research. The Government Equalities Office is to commission new research to explore the nature of adolescent gender identity and transitioning. A tender for the next stage of research is to be released which will include a comprehensive international evidence review and analysis of referral data. Alongside this clinicians and young service users will be interviewed, giving the Government a better understanding of their experiences and reasons for seeking support from the NHS's Gender Identity Development Service.

Children's Funeral Fund for England This briefing paper deals with the establishment of a fund that will pay the fees charged by burial and cremation authorities, and some associated expenses, in respect of the funeral in England of a child under the age of 18.

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 

Setting the Personal Injury Discount Rate Summary of Responses to the Call for Evidence. In response to the Ministry of Justice's call for evidence on setting the personal injury discount rate, the Lord Chancellor said a statutory instrument will be laid in Parliament to change the rate application to personal injury lump compensation payments to -0.25%. The new rate will be reviewed within five years by an independent expert panel. The response was published alongside: "Setting the Personal Injury Discount Rate: Government Actuary's advice to the Lord Chancellor", an equalities statement, an impact assessment, a statement of reasons, and a written statement. The change in the discount rate has led to the Government Actuary’s Department producing supplementary tables which include the – 0.25% rate.

Being fair: Supporting a just and learning culture for staff and patients following incidents in the NHS. An NHS Resolution report for leaders of all health and social care organisations on the case for developing a just and learning culture for staff and patients following incidents in the NHS. A just and learning culture is described as the balance of fairness, justice, learning, and taking responsibility for actions rather than seeking to blame the individuals involved when care in the NHS goes wrong. Examples of good practices used across the NHS are outlined.

The NHS patient safety strategy: safer culture, safer systems, safer patients Patient safety is about maximising the things that go right and minimising the things that go wrong. It is integral to the NHS’s definition of quality in health care, alongside effectiveness and patient experience. This strategy sets out what the NHS will do to achieve its vision to continuously improve patient safety.

Bar Council response to the Ministry of Justice's consultation paper on Coronial Investigations of Stillbirths  In its response to the Ministry of Justice consultation on coronial investigations of stillbirths, the Bar Council suggests that coroners should have a role in investigating stillbirths. It argues that widespread deficiencies in clinical care could be identified by inquests and that evidence can inform national improvement programs.

Failures in communication or follow-up of unexpected significant radiological findings. This report demonstrates where technology could play a pivotal role in reducing harm caused by failures in communication or follow-up of unexpected significant radiological findings. The investigation also makes three other recommendations in relation to following up unexpected significant radiological findings.

Interim Surgical Mesh Database Feasibility Report Reports to undertake a feasibility study to investigate urogynaecological surgical mesh data requirements. This report makes 10 recommendations for the establishment of an interim database, including:
• Mandatory data collection for surgical mesh implants
• Reporting of outcomes of surgical mesh procedure, including performance benchmarking and the publication of patient-friendly annual reports
• The introduction of data sharing and tracking to ensure patients can
be contacted when appropriate.
Other recommendations focus on governance arrangements, data quality, scope and inclusion criteria.

Meningococcal Working Group: Raising awareness of the signs and symptoms, and ensuring early diagnosis and treatment of meningococcal disease An independent report by the Meningococcal Working Group to the Department of Health and Social Care on raising awareness of the signs and symptoms, and ensuring early diagnosis and treatment, of sepsis and meningococcal disease report sets out 12 recommendations aimed at organisations and bodies that have a role to play in improving awareness and early diagnosis of sepsis and meningococcal disease.

Meningococcal Working Group report: summary of responses to recommendations. Responses from organisations to the recommendations of the Meningococcal Working Group report.

News

Claimants win crucial costs appeal on proportionality and reasonableness.

Bevan Brittan Updates

Maternity incentive scheme – important information for Trust leads

Learning from Claims - GIRFT, BHS, BASK and BOA Best Practice Guidance in Hip and Knee Arthroplasty Documentation

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. If you would like to receive more information about the webinars just ask Claire Bentley. The next sessions coming up are:-

6 August. Quantum - Hot topic update. A review of important recent clinical negligence quantum decisions and how to put helpful developments into practice. 

3 September. Inquests and claims. Procedural differences between claims and inquests focussing on disclosure and experts.

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 

Recommendations to commissioners from clinical audits and patient outcome research
Commissioners need to put people at the heart of service design and evaluation, according to new reports on end of life, maternity and cardiac care.

Better Care Fund planning requirements for 2019-20 This document sets out the Better Care Fund planning requirements, which support the core NHS operational planning and contracting guidance for 2019 to 2020. It also details the Better Care Fund operating guidance.

Simplified guide to ‘digital inclusion’ NHS Digital has updated its “digital inclusion” guide for health and social care, which is designed to make digital services as widely accessible as possible.

Community commissioning shaping public services through people power This report argues that if there is to be a move to a preventive system in public services, communities need to take on more responsibility for their own health and wellbeing. The commissioning of public services is one of the most important functions of the public sector, but also one that is deeply embedded within the institution. The report makes the case for why the process needs to be led by citizens and service users, not public sector professionals. Importantly, it also explains in detail how this shift is happening in practice. 

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

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Digital Health

Publications/Guidance

New GP Connect guidance available NHS Digital’s GP Connect programme team has provided new guidance for potential users of GP Connect, which includes where to start and the approvals process.

Digital-first primary care: consultation on patient registration, funding and contracting rules  A consultation on digital-first primary care has been launched which includes proposals to amend the out-of-area registration rules, change the CCG allocation system to enable a quarterly recalculation, allow new digital-first practices to be established in under-doctored areas and adjust the new patient premium.

Code of conduct for data-driven health and care technology When the basis of a commercial arrangement is NHS data, it must adhere to the revised guiding principles described in the guidance ‘Creating the right framework to realise the benefits for patients and the NHS where data underpins innovation’.

Driving improvement through technology  Technology in health and care services is growing in importance. Digitally enabled care can offer significant benefits both to people who use services and those who run and deliver them. These case studies illustrate some of the developments in use and testing.

Simplified guide to ‘digital inclusion’ NHS Digital has updated its “digital inclusion” guide for health and social care, which is designed to make digital services as widely accessible as possible.

NHS health information available through Amazon's Alexa. The NHS is collaborating with Amazon to provide reliable health information from the NHS website through voice-assisted technology

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

Making general practice a great place to work – a practical toolkit to improve the retention of GPs This toolkit is aimed at system leaders and clinical leads working across primary care to develop robust local retention action plans that provide GPs with the support they require to develop fulfilled careers in general practice. It also aims to tackle issues at practice, network and system level that may be impacting on local GP retention.

Enhancing supervision for postgraduate doctors in training This report sets out what high-quality supervision looks like for doctors in training and provides a practical toolkit to assist trainees and supervisors. It forms part of a suite of resources including a handbook, a standards document and an animation film, and aims to provide trainees, trainers and supervisors with easy-to-understand information to ensure that supervision is delivered and received in the best possible way.

NHS Pay Review Body: thirty-second report 2019 This report sets out the NHSPRB’s analysis of evidence provided by relevant organisations and makes observations on the pay of NHS staff paid under Agenda for Change for 2019/20.

Review Body on Doctors’ and Dentists’ Remuneration: forty-seventh report 2019 This report sets out the DDRB’s analysis of evidence given by relevant organisations and makes recommendations for doctors’ and dentists’ pay and associated issues in England, Wales, Scotland and Northern Ireland.

National training surveys 2019: initial findings report More than 75,000 doctors in training and trainers took part in this year's GMC surveys. This initial findings report outlines the key trends across the UK.

Principal social workers in adult services: capability statement Sets out what a principal social worker (PSW) in adult services should know and be able to do.

News

Regular GP review improves patient care A survey of thousands of GPs reveals nine in 10 family doctors say their annual work appraisal – a regular review of each GP’s performance, carried out by a senior doctor – has helped them to improve patients’ care as part of the NHS Long Term Plan.

Changes to NHS pensions for senior clinicians: have your say The government is consulting on proposals to make the NHS Pension Scheme more flexible and transparent for senior clinicians.

Bevan Brittan Updates

Are your senior NHS staff disengaging because of the pension tax threshold? As an employer what can you do?

New Legislation Announced to Limit “Gagging Clauses”

New rights for NHS staff to acquire affordable homes

Bevan Brittan Events

Medical Workforce Toolkit Bevan Brittan has developed an innovative improvement led approach to medical workforce management which provides your Medical Director and Clinical Leads with the expertise, time and space to lead.

If you wish to discuss any employment issues generally please contact Jodie Sinclair, Alastair Currie or James Gutteridge.

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Finance 

Publications/Guidance

Better Care Fund planning requirements for 2019-20 This document sets out the Better Care Fund planning requirements, which support the core NHS operational planning and contracting guidance for 2019 to 2020. It also details the Better Care Fund operating guidance.

Managing overseas visitors and migrant health charging: NHS trusts Information and resources for NHS trusts to help with the management and charging of overseas visitors and migrants.

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

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Foundation Trusts  

Publications/Guidance 

Department of Health and Social Care annual report and accounts 2018-19 The annual report and accounts gives an overview of the department’s resources and how it has used them to fulfil its statutory functions during the financial year 2018/19. The document describes DHSC’s performance against objectives and includes the Secretary of State’s annual report on the performance of the health service in England. The accompanying document, Financial assistance under section 40 of the National Health Service Act 2006, sets out how the Secretary of State has exercised his power to give financial assistance to any NHS foundation trust in the financial year 2018/19.

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

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Housing and property

Publications/guidance

A home for the ages: planning for the future with age-friendly design This report from RIBA and the Centre for Towns challenges the current failure in England to meet the need for housing that is suitable for the older generation. From making the current housing stock more accessible through to delivering specialised housing for people with significant care needs, there is currently a failure to build enough of all forms of age-friendly housing. Among the recommendations is that local authorities and health and wellbeing boards should draw up joint urban ageing strategies to address issues of active ageing in line with World Health Organization age-friendly cities principles.

Quick guide: allied health professionals enhancing health for people in care homes This guide aims to support local health and social care systems in improving the health of people living in care homes, with practical examples of how the allied health professions can support implementation and roll-out of the framework for enhanced health in care homes.

Social care: paying for care home places and domiciliary care. This House of Commons Library briefing paper sets out how individuals are assessed for local authority funding support towards the costs of their social care for 2019/20. A link to the full report in pdf format can be found at the bottom of this page.

Inquiry into decent and accessible homes for older people. Age UK has published the findings of an inquiry to understand the detrimental impact of poor housing on older people's physical, mental and social wellbeing. It puts the cost to the NHS of poor housing at an estimated £1.4 billion a year. The report contains 13 recommendations that look at the impact of poor quality, inaccessible housing on health, issues in supported housing and the private rented sector, and the importance of home improvement agencies.

Bevan Brittan Events

Healthcare Estates Breakfast Briefings. Throughout 2019 and 2020, we are running a series of Breakfast Briefings focusing on key themes affecting healthcare estates. Our specialist lawyers will be joined by guest speakers at these engaging and interactive sessions, designed to explore issues of relevance to those involved in healthcare estates, whether in acute settings, in the community or in the provision of mental health or primary care and whether in the NHS or private sector.

Bevan Brittan Updates

New rights for NHS staff to acquire affordable homes

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

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Immigration  

Publications/Guidance 

Healthcare when leaving an immigration removal centre: guidance for detainees. Healthcare you’re entitled to if you’re moving into the community in England.

Healthcare for people leaving an immigration removal centre: guidance for NHS providers This guidance is for NHS providers, including immigration removal centre (IRC) health care staff. It explains the entitlements and access to NHS care for people who are leaving an IRC and moving into the community.

Managing overseas visitors and migrant health charging: NHS trusts Information and resources for NHS trusts to help with the management and charging of overseas visitors and migrants.

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

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Independent Health  

News

Bevan Brittan wins independent sector award at the HealthInvestor Awards

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

Information sharing protocol across secure and detained settings NHS England NHS England guidance outlines an overarching agreement between the parties to regulate the sharing of specific personal sensitive data (PSD) as defined in the Data Protection Act 2018 and Regulation 2016/679 (the General Data Protection Regulation). It provides a framework for assuring the safeguarding of PSD by all parties.

CQC and the National Data Guardian for Health and Social Care (NDG) have published a new Memorandum of Understanding (MoU) agreement. The agreement sets out how the CQC and the NDG will work together in order to safeguard the wellbeing of the public receiving health and social care in England.

Creating the right framework to realise the benefits for patients and the NHS where data underpins innovation. The purpose of this document is to provide an update on the development of government policy to:
•establish guiding principles and a framework to help the NHS realise benefits for patients and the public where the NHS shares data with researchers
•establish a National Centre of Expertise to provide specialist advice and guidance to the NHS on agreements for use of data
The aim of the principles is to ensure that the NHS, patients and the public gain fair benefit from agreements involving the sharing of health and care data. These agreements are intended to inspire public trust, through maintaining the highest standards of transparency and ethical data handling.

Bevan Brittan Updates

Have you checked your data retention policies?

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

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Inquests  

Publications/Guidance 

Bar Council response to the Ministry of Justice's consultation paper on Coronial Investigations of Stillbirths  In its response to the Ministry of Justice consultation on coronial investigations of stillbirths, the Bar Council suggests that coroners should have a role in investigating stillbirths. It argues that widespread deficiencies in clinical care could be identified by inquests and that evidence can inform national improvement programs.

Legislation 

Notification of Deaths Regulations 2019/1112. These regulations impose a duty on registered medical practitioners to notify a senior coroner of a person's death under certain circumstances.  

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. If you would like to receive more information about the webinars just ask Claire Bentley. The next sessions coming up is:- 

3 September. Inquests and claims. Procedural differences between claims and inquests focussing on disclosure and experts.

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

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Mental Health 

Publications/Guidance

Information sharing protocol across secure and detained settings NHS England NHS England guidance outlines an overarching agreement between the parties to regulate the sharing of specific personal sensitive data (PSD) as defined in the Data Protection Act 2018 and Regulation 2016/679 (the General Data Protection Regulation). It provides a framework for assuring the safeguarding of PSD by all parties.

Social workers and a new Mental Health Act: final report This inquiry report is in response to the independent review of the Mental Health Act 1983. The inquiry looks at the integration of health and social care, and how social workers’ role can be enhanced in new legislation, in order to uphold the human rights of children and adults suffering mental ill health.

How does mental health fit in to primary care networks? Primary care provides the majority of NHS mental health support, but are PCNs ready to take on the challenge of improving mental health in the communities they serve? Beccy Baird and Andy Bell explore this question.

Joint targeted area inspections on the theme of children’s mental health Guidance for inspectors on carrying out joint targeted area inspections (JTAIs) of local area services on children's mental health.  Ofsted, Care Quality Commission, HM Inspectorate of Probation, HM Inspectorate of Constabulary and Fire and Rescue Services, and HM Inspectorate of Constabulary have jointly published guidance for inspectors on carrying out joint targeted area inspections (JTAIs) of local area services on children's mental health. The guidance will be used from September 2019 to evaluate children and young people's experiences living with mental ill health with a focus on those aged 10 to 15 years old.

Report of the 4th Survey of Liaison Psychiatry in England This is the fourth Liaison Psychiatry survey of England. It concerns the Liaison Psychiatry services in acute hospitals with Emergency Departments in England. Of the eligible 175 hospitals, the Core 24 standard was met in 58 (33%) in mid 2018. This is ahead of the target by this stage of 20%. The first, second and third surveys recorded 9, 16 and 22 Core 24 services respectively. The major potential barrier to continuation of this good rate of growth is workforce; psychiatrists more than other professionals.

Role of data-driven technology in mental healthcare A report from the think tank Reform UK examines the current landscape of data-driven technologies and their applications in mental health care, highlighting areas where these tools offer the most potential for the NHS and its patients.

Voluntary reporting on disability, mental health and wellbeing: workforce report 2019 The voluntary report sets out work the department is doing to support staff and promote good practice around disability, mental health and wellbeing. It highlights the support that DHSC has in place for all employees, including for those with disabilities, support for people with mental health issues, and the wider initiatives in place for all staff to promote their wellbeing.

Disability, mental health and wellbeing support in DHSC: workforce report 2019 The Department of Health and Social Care's (DHSC) first annual workforce report on disability, mental health and wellbeing. 

News

Deputy can make gifts out of protected person's surplus income and estate The sole deputy of a man who is now in an irreversible coma has obtained approval to make substantial cash gifts from the incapacitated man's estate to family members and political causes.

Talking therapies are on the increase Latest figures from NHS Digital show that 1.6m referrals were made to talking therapies for anxiety and depression in England during 2018/19 – up 11.4% from the previous year.

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. If you would like to receive more information about the webinars just ask Claire Bentley. The next sessions coming up are:-

6 August - Quantum - Hot topic update. A review of important recent clinical negligence quantum decisions and how to put helpful developments into practice.

3 September. Inquests and claims. Procedural differences between claims and inquests focussing on disclosure and experts.

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.

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

GP Patient Survey: national report The GP Patient Survey (GPPS) is an England-wide survey, providing GP practice-level data about patients’ experiences of general practice. Ipsos MORI administers the survey on behalf of NHS England. This report sets out the national headline and summary findings for the 2019 GPPS publication.

Making general practice a great place to work – a practical toolkit to improve the retention of GPs This toolkit is aimed at system leaders and clinical leads working across primary care to develop robust local retention action plans that provide GPs with the support they require to develop fulfilled careers in general practice. It also aims to tackle issues at practice, network and system level that may be impacting on local GP retention.

New GP Connect guidance available NHS Digital’s GP Connect programme team has provided new guidance for potential users of GP Connect, which includes where to start and the approvals process.

Safeguarding children and vulnerable adults: general practice reporting NHS England has published a letter and supporting documents outlining the arrangements needed for managing local authority requests for child protection reports.

Digital-first primary care: consultation on patient registration, funding and contracting rules A consultation on digital-first primary care has been launched which includes proposals to amend the out-of-area registration rules, change the CCG allocation system to enable a quarterly recalculation, allow new digital-first practices to be established in under-doctored areas and adjust the new patient premium.

How does mental health fit in to primary care networks? Primary care provides the majority of NHS mental health support, but are PCNs ready to take on the challenge of improving mental health in the communities they serve? Beccy Baird and Andy Bell explore this question. 

Updated guidance on what not to prescribe in primary care. NHS England and NHS Clinical Commissioners have published updated commissioning guidance for CCGs on items that should not be routinely prescribed in primary care.

The role of the GP in caring for gender-questioning and transgender patients This paper provides an overview of the key issues facing gender-questioning and transgender patients, general practice and the broader health system. It establishes the RCGP’s position on the role of a GP in providing care to patients experiencing gender dysphoria, the policy principles underpinning this position and recommendations for ensuring these patients receive equal access to the highest standard of care.

Understanding primary care networks: context, benefits and risks This briefing places primary care networks (PCNs) in the context of previous changes to general practice funding and contracting. It examines the rationale for networks, explores relevant evidence, and draws out intended benefits and possible risks for the future of PCNs.

Social prescribing in primary care networks The Department of Health and Social Care (DHSC) has produced two short films to highlight the role of social prescribing link workers in primary care networks.

GP Patient Survey 2019. NHS England together with Ipsos MORI, have published the latest Official Statistics from the GP Patient Survey. The survey provides information on patients’ overall experience of primary care services and their overall experience of accessing these services.

News

Ten minute appointments are not enough – Royal College of GPs
Professor Helen Stokes-Lampard, chair of the Royal College of GPs has responded to research indicating that up to a third of GPs have been unable to properly diagnose patients because of short appointment times.

Regular GP review improves patient care A survey of thousands of GPs reveals nine in 10 family doctors say their annual work appraisal – a regular review of each GP’s performance, carried out by a senior doctor – has helped them to improve patients’ care as part of the NHS Long Term Plan.

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

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Procurement

Publications/Guidance  

Master indemnity agreement: approved suppliers The Master Indemnity Agreement (MIA) register provides a list of all approved suppliers to NHS organisations. 

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Providers 

Publications/Guidance  

Technology in care – we shine light on the importance of innovation in new resource The healthcare landscape is evolving, presenting new and innovative ways to care for people. This resource looks at how providers have used new technologies to try and meet the needs of people using their services and improve the quality of care.

Simplified guide to ‘digital inclusion’ NHS Digital has updated its “digital inclusion” guide for health and social care, which is designed to make digital services as widely accessible as possible.

Healthcare for people leaving an immigration removal centre: guidance for NHS providers This guidance is for NHS providers, including immigration removal centre (IRC) health care staff. It explains the entitlements and access to NHS care for people who are leaving an IRC and moving into the community.

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

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Public Health 

Publications/guidance 

Safeguarding children and vulnerable adults: general practice reporting: supporting documents. NHS England has published supporting documents on GP reporting of safeguarding of children and vulnerable adults, including: a briefing paper; overview of statutory, professional and contractual duties that apply in GP practices; a list of local systems prototyping new ways of working together to safeguard children; and examples of the safeguarding local enhance service

What a difference a place makes: the growing impact of health and wellbeing boards This report highlights how health and wellbeing boards (HWBs) are making a real difference through a wide range of initiatives, including reducing hospital admissions and time spent in hospital, reducing demand for GP appointments, helping thousands of smokers to quit, imposing restrictions on fast food outlets near schools, and reducing unemployment, poverty and poor housing.

Consultations  

Advancing our health: prevention in the 2020s. The DHSC, together with the Cabinet Office, has published this Green Paper setting out proposals to tackle the causes of preventable ill health in England. It signals a new approach to public health that involves a personalised prevention model. It will mean the government, both local and national, working with the NHS to put prevention at the centre of decision-making. These proposals are open for consultation. The closing date for responses is 14 October 2019. David Buck outlines the key points from the paper in Public health spending: where prevention rhetoric meets reality and considers the impact that cuts in local government budgets will have on public health.

News

How is the Government implementing a ‘public health approach’ to serious violence? On 14 July the Government announced it would introduce new legal duties on public services to work together to prevent and tackle serious violence. This forms part of its new ‘public health approach’ to tackling violent crime.

Public health spending: where prevention rhetoric meets reality. The government published its much-trailed Green Paper on prevention this week. David Buck outlines the key points from the paper and considers the impact that cuts in local government budgets will have on public health.

Advancing our health: prevention in the 2020s. The DHSC, together with the Cabinet Office, has published this Green Paper setting out proposals to tackle the causes of preventable ill health in England. It signals a new approach to public health that involves a personalised prevention model. It will mean the government, both local and national, working with the NHS to put prevention at the centre of decision-making. These proposals are open for consultation. The closing date for responses is 14 October 2019.
 

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

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Regulation

Publications/guidance

CQC inspections of specialist paediatric radiology services CQC has published a report bringing together the findings from its inspection programme for specialist paediatric radiology services in 12 NHS children’s hospitals in England.

CQC and the National Data Guardian for Health and Social Care (NDG) have published a new Memorandum of Understanding (MoU) agreement. The agreement sets out how the CQC and the NDG will work together in order to safeguard the wellbeing of the public receiving health and social care in England.

Second PHSO investigation into the Care Quality Commission's regulation of the Fit and Proper Persons The Parliamentary and Health Service Ombudsman's second investigation into the Care Quality Commission's regulation of the Fit and Proper Persons Requirement (FPPR) underlines the need for reform of the FPPR system and for the recommendations from the Kark review to be swiftly implemented.

Promoting professionalism, reforming regulation: Government response to the consultation. In response to the consultation on "Promoting professionalism, reforming regulation", the Department of Health and Social Care states it will take forward legislative changes to the regulators' fitness to practise processes and operating framework. It adds the changes will deliver: modern and efficient fitness to practise processes; better supported professionals; and more responsive and accountable regulation.

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

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Social Care  

Publications/Guidance  

Quick guide: allied health professionals enhancing health for people in care homes This guide aims to support local health and social care systems in improving the health of people living in care homes, with practical examples of how the allied health professions can support implementation and roll-out of the framework for enhanced health in care homes.

Social care: paying for care home places and domiciliary care. This House of Commons Library briefing paper sets out how individuals are assessed for local authority funding support towards the costs of their social care for 2019/20. A link to the full report in pdf format can be found at the bottom of this page.

7th Report of Session 2017-19 : Social care funding: time to end a national scandal. This report finds that publicly funded social care support is shrinking, as diminishing budgets have forced local authorities to limit the numbers of people who receive public funding. It recommends that the government immediately spends £8 billion to restore social care to acceptable standards and then introduces free personal care over a period of five years. 

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

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General  

Publications/Guidance

Proposal for a draft Fatal Accidents Act 1976 (Remedial) Order 2019: Twenty-First Report of Session 2017-19 A Joint Committee on Human Rights report on the draft Fatal Accidents Act 1976 (Remedial) Order 2019 welcomes the changes to law governing bereavement damages but states it is regrettable that it took 20 years to happen. The proposed changes extends the right to claim bereavement damages to cohabiting couples. The Committee raises wider concerns with the bereavement damages scheme as a whole and recommends the Government undertake a consultation with a view to reform.

How is the NHS performing? July 2019 quarterly monitoring report. Since April 2011, The King’s Fund has published a quarterly monitoring report (QMR) to track, analyse and comment on the issues the health and care system is facing. This is the 28th QMR, which takes stock of what has happened over the past few months with NHS financial and operational performance in England.

Improving cyber security in the NHS This White Paper from the Institute of Global Health Innovation finds that the NHS remains vulnerable to cyber-attack, and must take urgent steps to defend against threats that could risk the safety of patients. It outlines a number of key measures for NHS trusts to implement in order to increase cyber resilience. These initiatives include: employing cyber security professionals in their IT teams; building ‘fire-breaks’ into their systems to allow certain segments to become isolated if infected with a computer virus; and having clear communication systems so staff know where to get help and advice on cyber security.

News

Man renews bid for right to die Paul Lamb, who suffers chronic and excruciating pain after a road traffic accident in 1990, has begun a fresh legal challenge to the law that criminalises assisted suicide. He lost a Supreme Court challenge in 2014, a ruling which made clear that politicians should have another chance, and if they failed to change the law, he should return and challenge again. Mr Lamb writes this opinion piece for The Guardian.

High Court to hear £2.35bn business rates battle between councils and NHS trusts in November The High Court will hear a test case between NHS trusts and councils on 4 November 2019 over whether trusts should be treated the same as charities and receive 80% off their business rates. The case has been brought by Derby Teaching Hospitals NHS Foundation Trust and 16 others against 45 councils.

NHS rolls out staff retention scheme as part of the Long Term Plan. A scheme that has helped keep more than 1,000 nurses, midwives and other clinicians in the NHS will be rolled out to cover staff working in general practice as well as hospitals, the NHS announced today.

Medicines and medical products supply: government updates no-deal Brexit plans. The government has announced plans to launch procurement exercises to secure freight capacity if the UK leaves the EU with no deal.

High Court to hear £2.35bn business rates battle between councils and NHS trusts in November. The High Court will hear a test case between NHS trusts and councils on 4 November 2019 over whether trusts should be treated the same as charities and receive 80% off their business rates. The case has been brought by Derby Teaching Hospitals NHS Foundation Trust and 16 others against 45 councils.

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