31/03/2020

The growing impact of the Coronavirus (COVID-19) is having an unprecedented generational impact on the health and wellbeing of society across the UK and around the world. The impact is being felt in our everyday lives and is now having far reaching consequences for everyone. If you or your organisation needs advice relating to Coronavirus, Bevan Brittan has set up a COVID-19 Advisory Service which draws upon the expertise of a range of Bevan Brittan legal and regulatory teams. Please feel free to contact us

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/data

Knowledge Transfer

Inquests

Acute and emergency care

Mental Health

Children

Primary Care

Clinical Risk/Patient Safety

Providers

Commissioning

Public Health

Digital Health

Regulation

Employment/HR

Social Care

Finance

General

 

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 

Clinical Risk Webinars
Bevan Brittan Clinical Risk/Health, Care and Regulatory Law Team Training -
These are internal hour long lunch time training sessions that are attended by our team of solicitors. If your employer organisation is a Bevan Brittan client you can sign up to watch the training sessions remotely via our webinar facility.

Our next session coming up is on 7 April at 12.30pm and is called "A colorectal surgeon's view of the medico-legal aspects of obstetric anal sphincter injury". Please contact Claire Bentley if you would like to attend this webinar remotely.

If you would like to receive the programme for 2020 just ask Claire Bentley.  

Knowledge Transfer

Training. In addition to our free training programme for 2020, 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.  All these sessions are available remotely via our webinar facility.

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Acute and emergency care

Publications and guidance

Coronavirus: Current information and advice. A compilation of current official UK/global advice and publications relating to the worldwide outbreak of COVID-19. 

COVID-19: guidance for Ambulance Trusts. This guidance is for suspected cases of COVID-19 where an emergency ambulance response is required.

Speciality guides. In addition to the speciality guidance on this website, further guidance on the active management of patients with suspected and confirmed COVID-19, and patients without COVID-19 can be found on the NICE website and should also be followed.

Standard operating procedure for Coronavirus Priority Assessment Pods. This standard operating procedure is designed to explain what actions to take should a patient who suspects they may have Coronavirus present to your emergency department or urgent treatment centre.

Royal College of Emergency Medicine. RCEM will be using this webpage to disseminate relevant information regarding the COVID-19 situation and the most relevant RCEM responses.

Statement from the College of Paramedics during the Covid19 outbreak.

News

Coronavirus: Man accused of coughing at paramedic in face

Bevan Brittan Updates

Stroke services and the duty to involve.

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 

Guidance on shielding and protecting people defined on medical grounds as extremely vulnerable from Covid-19.
This guidance is for people, including children, who are at very high risk of severe illness from Covid-19 (coronavirus) because of an underlying health condition, and for their family, friends and carers. It is intended for use in situations where the extremely vulnerable person is living in their own home, with or without additional support. This includes the extremely clinically vulnerable people living in long-term care facilities, either for the elderly or people with special needs.

Child protection: Duties to report concerns. This House of Commons Library Briefing Paper sets out the current requirements on individuals and organisations regarding the reporting of known or suspected child abuse or neglect. It also provides information on the debate around whether a mandatory duty to report abuse or neglect should be introduced in England, and outlines the operation of such mandatory duties in other countries.

Guidance on family weight management: changing behaviour techniques. This guidance contains evidence-based behaviour change techniques recommended for healthy weight services to support families with children aged 4 to 11 years.

State of child health in the UK This report shows that for many measures of children’s health and wellbeing, progress has stalled, or is in reverse – something rarely seen in high-income countries. The authors highlight that, even where there have been notable improvements in children’s health, the UK is often lagging far behind other countries. For example, although there has been a fall in the number of emergency asthma admission rates across all four nations, the UK still has one of the highest mortality rates in Europe for children and young people with asthma.

UK falling behind in children’s health This report shows that for many measures of children’s health and wellbeing, progress has stalled, or is in reverse – something rarely seen in high-income countries.

A competency framework for rheumatology nurses. This publication provides a competency and role development framework for rheumatology practitioners in clinical practice (most commonly called rheumatology nurse specialists). The role of the rheumatology nurse specialist is complex and may include roles in paediatric nursing, research, advanced level skills in clinical assessment, and prescribing and providing intra-articular injections, among others.

News

Coronavirus (COVID-19) – information for children, young people and families from Great Ormond Street Hospital.

We can help

We can assist in relation to the statutory responsibilities for children under the Coronavirus Act 2020 including decisions around:-

  • commissioning and the provision of healthcare and social care;
  • isolation and duties toward children in the care and those classed as vulnerable under the Coronavirus ( COVID19 );
  • guidance on vulnerable children and young people;
  • the delivery of EHCP plans; 
  • safeguarding; and,
  • all aspects of educational provision including for key workers.

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

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Clinical Risk

Publications/Guidance 

Coronavirus: Information for complaint handling teams. An update from the Parliamentary and Health Service Ombudsman in the context of the coronavirus (COVID-19) outbreak states that they will not accept new health service complaints nor progress existing ones where this requires contact with the NHS. Associated questions and answers are provided giving further information and clarification for complaint handlers.

Pause in reporting procedure for the maternity incentive scheme. In recognition of the current pressure on the NHS and maternity services in response to COVID-19, NHS Resolution will be pausing the majority of reporting requirements relating to the maternity incentive scheme 10 safety actions until Monday 31 August 2020. This will be kept under review. Trusts are asked to continue to apply the principles of the 10 safety actions, given that the aim of the maternity incentive scheme is to support the delivery of safer maternity care. In the meantime, it is still important to report perinatal deaths to MBRRACE-UK and eligible cases to the Early Notification (EN) scheme (the need for continued reporting EN cases will be kept under review). Every reasonable effort should be made to make a monthly Maternity Services Data Set submission to NHS Digital.

The NHS has coronavirus webpages, bringing guidance for the system and healthcare professionals in one place.

COVID-19: guidance for health professionals  Information on COVID-19, including guidance on the assessment and management of suspected UK cases.

Guidance for the resuscitation of COVID-19 patients in hospital. Guidance regarding CPR. Providers are advised to identify as early as possible any patients with a COVID-19 like illness, who are at risk of acute deterioration or cardiac arrest and to take appropriate steps to prevent cardiac arrest and avoid unprotected CPR.

Coronavirus guidance from GMC. This statement from the GMC recognises the challenges that doctors may face as the situation develops. This includes working in unfamiliar circumstances or surroundings, or in clinical areas outside their usual practice. It highlights the GMC expectations of employers, professional bodies, and the UK’s health services.

Clinical guide for the management of ophthalmology patients during the coronavirus pandemic NHS England has published clinical guidance for the management of ophthalmology patients during the coronavirus pandemic.

Coronavirus (COVID-19) infection in pregnancy: information for healthcare professionals The guidance covers the most up-to-date advice on how coronavirus affects pregnant women and their unborn babies, how labour and birth should be managed in women with suspected or confirmed coronavirus, as well as information on neonatal care and infant feeding. It has been jointly published with the Royal College of Midwives, Royal College of Paediatrics and Child Health, Public Health England and Health Protection Scotland. It may be updated if or when new information becomes available.

CQC briefing on improving safety in NHS maternity services Care Quality Commission has published a briefing paper discussing the key issues that impact on the ability of hospital trusts to provide high quality maternity care. 

Maternity care plans for women with existing medical conditions. NICE’s latest quality standard focuses on the care of women with existing medical conditions during labour and birth, particularly those with heart disease or sepsis and those without antenatal care.

Safe use of Bed Rails. Guidance from the Medicines and Healthcare Products Regulatory Agency identifies areas for safe practices with respect to the provision, prescription, use, maintenance and fitting of bed rails.

Better Births four years on: a review of progress. The data shows that good progress is being made over time in reducing perinatal and maternal mortality, despite an overall increase in the complexity of care. However, the report finds a picture that is complex and in some areas lacks clarity, partly as a result of data quality, and partly as a result of the time lag in the data.

A competency framework for rheumatology nurses This publication provides a competency and role development framework for rheumatology practitioners in clinical practice (most commonly called rheumatology nurse specialists). The role of the rheumatology nurse specialist is complex and may include roles in paediatric nursing, research, advanced level skills in clinical assessment, and prescribing and providing intra-articular injections, among others.

Legislation

The Damages for Bereavement (Variation of Sum) (England and Wales) Order 2020. This Order, which applies only to causes of action accruing on or after 1st May 2020, amends section 1A(3) of the Fatal Accidents Act 1976 by increasing the sum which may be awarded as damages for bereavement in England and Wales from £12,980 to £15,120. Current claims are still limited to £12,980. There are no changes to those who qualify for the award.

News

NICE to produce rapid COVID-19 guidelines NICE is developing a series of rapid guidelines on the active management of COVID-19 infection. The first 3 guidelines will cover the management of patients in critical care, the management of patients who are having kidney dialysis and the management of patients who are receiving systemic anticancer treatments.

Bevan Brittan Updates

The Coronavirus Bill – supporting the health system.

Bevan Brittan Webinars   

Bevan Brittan Clinical Risk/Health, Care and Regulatory Law Team 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. Our next session coming up is on 7 April and is called "A colorectal surgeon's view of the medico-legal aspects of obstetric anal sphincter injury". Please contact Claire Bentley if you would like to attend this webinar remotely.

If you would like to receive more information about our webinar programme just ask Claire Bentley. 

How we can help

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

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 

The Exercise of Commissioning Functions by the NHS Commissioning Board (Coronavirus) Directions 2020. Directions given to the National Health Service Commissioning Board. This has been done to enable NHS England to negotiate direct with the private sector for the private sector support to the NHS. It does mean that as the NHS takes over private capacity, elective care contracts with the private sector may need to be temporarily wound down. 

Coronavirus Act 2020 section 14. This removes for the period that the provisions are in force, the duty to carry out CHC assessments, although CCGs will need to follow the new hospital discharge guidance  about NHS funded Discharge to assess routes to prevent  bed- blocking. It also does not change the local authority powers in relation to providing registered nursing, so some  local arrangements will still be necessary.

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

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Digital Health

Publications/guidance

Achieving scale and spread: learning for innovators and policy-makers In recent years, a significant number of innovators have forged ways to scale and spread innovation in the NHS. However, despite some existing work in this area, less is known about how to achieve greater scale and spread beyond early adopters. The Nuffield Trust was commissioned by the NHS Innovation Accelerator to help fill this knowledge gap.

News

Sick notes to be automated through NHS 111 to prevent Covid-19 spread.

Microsoft Teams to be rolled out across NHS in response to coronavirus

Babylon Health launches Covid-19 care assistant in UK

EMIS makes GP video consultation service free in coronavirus fight

NHS Digital handed additional powers to help counter Covid-19 spread

Clinicians told they can use WhatsApp to share data in face of Covid-19

Bevan Brittan Updates

Digital mental health: Use of electronic forms and signatures

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

Coronavirus: Employment rights and sick pay. In a worst-case scenario, an estimated one-fifth of the workforce could be absent from work.

Coronavirus (COVID-19) guidance for employees, employers and businesses Information on healthcare advice for employers and support for businesses.

Coronavirus: learning for the health and care workforce This e-learning programme from Health Education England e-Learning for Healthcare has been created in response to the Coronavirus global pandemic. It is aimed at the entire UK health and care workforce, including those working in the NHS, the independent sector and social care. The programme currently includes limited resources, but more content will be added in the coming days and weeks. The additional content will include new sessions and content curated from different sources such as existing Health Education England e-Learning for Healthcare sessions and materials from other organisations such as NHS England and NHS Improvement or the World Health Organization.

Presidential Guidance in connection with the conduct of employment tribunal proceedings during the COVID-19 pandemic Guidance from the Presidents of the Employment Tribunals in England & Wales and in Scotland in connection with the conduct of employment tribunal proceedings during the coronavirus (COVID-19) outbreak. The Presidents have also directed that from 23 March 2020 all in-person hearings will be converted to a case management hearing by telephone or other electronic means which will take place (unless parties are advised otherwise) on the first day allocated for the hearing. This will provide an opportunity to discuss how best to proceed in the light of this Guidance.

Covid-19 guidance for NHS workforce leaders This guidance aims to help provide protection and support for NHS staff. It deals with the workforce and HR issues that are likely to arise during the current pandemic and is intended to supplement and support local plans.

The NHS nursing workforce. This report sets out:-
•the scale of the NHS nursing workforce challenge;
•the challenges to the main entry routes to NHS nursing and more general workforce-related challenges that any future plans will need to address; and
•the progress made on the People Plan.

An inclusive approach to disability leave This briefing provides an explanation of the differences between disability leave and disability-related sickness absence. It highlights the benefits of having a disability leave policy and shares good practice examples from other NHS trusts, along with links to resources providing further support.

News

The General Medical Council is contacting doctors who may be granted temporary registration to help deal with the coronavirus (COVID-19) pandemic. The GMC is providing guidance on the process they would need to follow and informing them of what they should do if they want to opt out.

Covid-19 staff rules relaxed after ‘disaster’ concern. NHS staff can stay in NHS-reimbursed hotels to enable them to continue to work and avoid the national 14-day household isolation policy. 

Online isolation notes launched – providing proof of coronavirus absence from work. People unable to work for more than seven days because of coronavirus (COVID-19) can obtain an isolation note through a new online service.

Bevan Brittan Updates

Coronavirus: Practical Guidance for Employers

COVID-19 Frontline healthcare staffing - can you help? Calling all commercial, independent health, third sector and clinical commissioning supporters of frontline healthcare services.

Coronavirus Job Retention Scheme – FAQ’s

Coronavirus – Pensions Factsheet. The impact that coronavirus is having on businesses and their workforce has a number of implications for pensions. We set out a table dealing with key scenarios and the resulting pensions position. 

Furlough Leave - HMRC Guidance. HM Revenue & Customs has published further guidance on the Coronavirus Job Retention Scheme The purpose of the Scheme is to reimburse employers up to 80% of the wages of employees (up to a limit of £2,500 per month) who have been put on furlough leave as a result of the coronavirus crisis.

We can help

We can offer support and advice on managing many workforce issues including furlough leave, managing bank staff, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home working, lay-offs/short term working through FAQs, helpline or policy guidance and practical day to day advice. 

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

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Finance 

Bevan Brittan Updates

State aid and Covid-19. Governments across Europe are being called on to provide unprecedented levels of financial support to businesses to help combat the economic effects of Covid 19.  The State aid rules which were widely considered in the press during Brexit, are particularly important in this context because they prohibit financial support except in certain circumstances.  This article is intended to be a reminder of the rules and provide an update about how to comply with them in the current crisis.

Coronavirus Act 2020 - Changes to NHS continuing healthcare and NHS funded nursing care. What do the changes mean for your organisation?

Publications/Guidance

Payment by results suspended. The financial targets for NHS trusts as well as the established payment system under which money flows through the system have been suspended by national leaders, while the biggest health policy decisions have been put on hold.

NHS charges House of Commons Library briefing on NHS charges.

Legislation

NHS Funding Act 2020. An Act to make provision regarding the funding of the health service in England in respect of each financial year until the financial year that ends with 31 March 2024.

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

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Information sharing/data  

Publications/guidance

Data protection and coronavirus: what you need to know. The ICO has published guidance stating that they will take into account the compelling public interest in the current health emergency.

News

Clinicians told they can use WhatsApp to share data in face of Covid-19

Bevan Brittan Updates

What are your data protection obligations during the COVID-19 pandemic?

We can help

We can provide advice and support in relation to disclosure of information under the both the General Data Protection Regulations and Freedom of Information Act, as well as information sharing, guidance on policy and procedures, and bespoke data protection advice.  We also have expertise advising on the common law duty of confidentiality, the Access to Health Records Act 1990 as well as representing clients in respect of investigations made by the Information Commissioner. 

If you wish to discuss any aspect of information law generally please contact Jane Bennett.

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Inquests  

Publications/guidance

Chief Coroners Summary of the Coronavirus Act 2020 The Chief Coroner has provided an assessment of the legislative position, in respect of MCCDs and cremation, following the implementation of the relevant provisions in the Coronavirus Act 2020

Guidance No. 34: Chief Coroner’s Guidance for coroners on Covid-19. The Chief Coroner issued this main piece of guidance for all coroners in England and Wales about the approach to COVID-19. It is designed to help coroners continue to exercise their judicial decisions independently and in accordance with the law, but in the context of the extraordinary pressures which are present.

Guidance No. 35: Hearings during the pandemic. This follow-up piece of guidance reinforces Guidance No. 34. It states that a coroner’s court should be open for ‘urgent or essential court business only’.

Chief Coroner’s COV-19 Note #3.  A note from the Coroner which was issued prior to the substantive Guidance No.34 and No.35 were issued.

Coronavirus: Powers to direct between burials and cremation. This Insight from the House of Commons library explains the new emergency powers in relation to how deaths might be managed during the Covid-19 pandemic. 

If you  wish to discuss any queries you may have around inquests please contact Toby De Mellow.

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Mental Health 

Publications/guidance 

Specialised Services Quality Dashboards – Mental Health Restrictive Practice metric definitions for 2020/21.These Specialised Services Quality Dashboards (SSQD) are designed to provide assurance on the quality of care by collecting information about outcomes from healthcare providers. SSQDs are a key tool in monitoring the quality of services, enabling comparison between service providers and supporting improvements over time in the outcomes of services commissioned by NHS England.

Joint statement on advance care planning from the British Medical Association, Care Provider Alliance, Care Quality Commission and Royal College of General Practice. The importance of having a personalised care plan in place, especially for older people, people who are frail or have other serious conditions has never been more important than it is now during the Covid 19 Pandemic. Where a person has capacity, as defined by the Mental Capacity Act, this advance care plan should always be discussed with them directly. Where a person lacks the capacity to engage with this process then it is reasonable to produce such a plan following best interest guidelines with the involvement of family members or other appropriate individuals. Such advance care plans may result in the consideration and completion of a Do Not Attempt Resuscitation (DNAR) or ReSPECT form. It remains essential that these decisions are made on an individual basis. The General Practitioner continues to have a central role in the consideration, completion and signing of DNAR forms for people in community settings. It is unacceptable for advance care plans, with or without DNAR form completion to be applied to groups of people of any description. These decisions must continue to be made on an individual basis according to need. 

New advice to support mental health during coronavirus outbreak. People struggling with their mental health during the coronavirus (COVID-19) outbreak will be offered additional online support and practical guidance to help them cope.

Fertility care and emotional wellbeing This guidance has been developed as a resource for all health care professionals in all areas of fertility care. It acknowledges the differences between emotional support and wellbeing, implications counselling and therapeutic counselling.

Racial disparities in mental health: literature and evidence review A report from the Race Equality Foundation draws on the most recent published research from the past five years, together with insights from two events and conversations across the sector.

Using electronic cigarettes in NHS mental health organisations This advice provides recommendations on the use of e-cigarettes to commissioners, NHS trusts and other organisations providing care to NHS patients, particularly people with mental health conditions (excluding high secure units). It promotes a consistent approach to e-cigarettes across the NHS, so there is support for patients who need to transfer between acute and mental health trusts.

Cases

Sunderland City Council v AS & Ors [2020] EWCOP 13 24/3/2020 Applications brought under the Mental Capacity Act 2005 seeking section 15 declarations in relation to the P's capacity to make a range of relevant decisions and various best interests' determinations; and further seeking authority to deprive the P of his liberty at his accommodation and in the community. The applications were granted.

Cardiff & Vale University Health Board v P [2020] EWCOP 8 26/2/2020 Application by Local Health Board concerning dental treatment for P a severely autistic 17 year old with very little ability to communicate directly. The judgment is notable for Hayden J’s dismay at delays in bringing the application.

Health Service Executive of Ireland v Ellern Mede Moorgate [2020] EWCOP The Court of Protection recognised and declared enforceable the protective measures contained in an order made by the Irish High Court in relation to the urgent transfer of a 19-year-old Irish woman with anorexia to a specialist placement at a hospital in Rotherham.

Legislation

Coronavirus Act 2020

News

Skype in the Court of Protection: The courts in the time of coronavirus. Nageena Khalique QC and Sophia Roper explain what it was like to take part in a trial concerning withdrawal of life sustaining treatment that was heard by Mr Justice Mostyn with five parties and at least 20 participants over Skype for Business.

Coronavirus: How to protect your mental health

Health matters: smoking and mental health This edition of Health Matters focuses on smoking among people living with a broad range of mental health conditions.  

Social worker suspended for copying and pasting information between DoLS forms.     

Bevan Brittan Updates

Digital mental health: Use of electronic forms and signatures

COVID-19 Bill - Changes for Mental Health. What should your organisation be doing in preparation for the changes?

Guidance for the Court of Protection; Supporting Protecting the Vulnerable in the context of Covid-19. At the centre of all Court of Protection proceedings are vulnerable individuals whose fundamental rights and freedoms need to be protected across a wide range of decision taking. Wherever possible, measures should be taken which enable these important cases to proceed. In response to Covid-19, the Court of Protection is responding to the considerable challenges of striking the right balance on when it is appropriate for hearings to go ahead, and if they do, how they go ahead as people become symptomatic and self-isolate.

 QJ v A Local Authority & Anor [2020] EWCOP 7. This case contains useful guidance for assessors on capacity assessments where there is a lack of engagement from P. It is essential reading for anyone involved with capacity assessments.

DOLS: Prepare early for change. A new law is due to come into force in October 2020 aimed at giving better protection to people who face losing their liberty because they lack the mental capacity to make decisions about their care.

Human Rights obligations in mental healthcare. CQC’s latest report, Monitoring the Mental Health Act in 2018/2019, develops the idea that human rights should have a place at the heart of mental healthcare. Freedom, Equality, Dignity and Autonomy (FREDA) are put forward as agreed human rights principles. It would be hard to argue that this should not be the case.

Bevan Brittan Education Lunches 

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

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Primary Care  

Publications/guidance

RCGP Covid-19 resources hub. The Royal College of GPs has put together a webpage of resources to support GPs in understanding and managing the pandemic, with topics ranging from diagnosis to keeping practices safe.

NHS England’s latest letter to general practice on the Covid-19 situation includes guidance on operational changes, including how to establish a “total triage” system. There is also information about support for the workforce, an update about the electronic prescription service (EPS) and details of opening arrangements for the bank holiday.

GP returners.  Working with the Royal College of General Practitioners and the General Practitioners Committee of the BMA, we have written to a number of GPs to let them know how they can help support the GP workforce including letting people know how they can ask to be temporarily registered on the England Performers List. If you haven’t heard from NHS England and NHS Improvement or from the General Medical Council but want to volunteer, please email the team at nhsi.medicalgp.returners@nhs.net. If you wish to rejoin the GP workforce, please complete the relevant form below and return to england.erplists@nhs.net.

Primary care - Advice for clinicians. NHS England

COVID-19: guidance for primary care. Advice for primary care professionals dealing with patients with suspected COVID-19.

Top 10 tips for Covid-19 telephone consultations The RCGP has published top 10 tips for Covid-19 telephone consultations.

A guide to video consultations The British Journal of General Practice has published a guide for practices on how to use video in clinical consultations.

NHS England issues latest Covid-19 guidance for general practice NHS England has published an update to its guidance for general practice and commissioners.  

Letters for providers and professionals from NHS England/Improvement

Legislation 

New indemnity scheme for historical clinical negligence claims in general practice introduced The Existing Liabilities Scheme for General Practice (ELSGP) will provide general practice staff with cover for historical NHS clinical negligence claims.

News

EMIS makes GP video consultation service free in coronavirus fight

UK GPs want longer consultations Just one in four UK GPs are satisfied with the time they are able to spend with patients. The finding is from a report by the Health Foundation which found appointment times in the UK to be among the shortest of 11 countries surveyed.    

We can help   

We can offer support and advice on managing contractual and operational issues affecting the delivery of primary care services, including emerging legislative changes, updated guidance and policy arrangements, workforce issues and any transactional – related matters relating to vertical integrations, STPs, PCNs, etc. If you wish to discuss any commercial, corporate or regulatory issues in primary care then please contact Vincent Buscemi.

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Providers 

Publications/Guidance  

CQC to stop routine inspections to focus on supporting providers to deliver safe care during COVID-19 pandemic The Care Quality Commission (CQC) has stopped routine inspections.

Letters for providers and professionals from NHS England/Improvement

Coronavirus (COVID-19): hospital discharge service requirements Department of Health and Social Care guidance on how health and care systems and providers should change their discharging arrangements and the provision of community support during the coronavirus situation. Associated documents set out the Hospital Discharge Service Requirements for all NHS trusts, community interest companies and private care providers of acute, community beds and community health services and social care staff in England, who must adhere to this from 19 March 2020. It also sets out requirements around discharge for health and social care commissioners.  

The Exercise of Commissioning Functions by the NHS Commissioning Board (Coronavirus) Directions 2020 These statutory directions enable NHS England to commission healthcare from independent sector providers to support the provision of services by the NHS to address the coronavirus outbreak. This power will last until 31 December 2020.

Chairing more than one trust board This report highlights the potential benefits and risks of more than one trust sharing a chair. This arrangement is becoming increasingly common for a range of different reasons, often including a trend towards greater collaboration and consolidation of trusts, a drive to improve quality and efficiency, and new partnerships with the development of system working.

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

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Public Health 

Publications/guidance

Public health ring-fenced grant 2020/21. Local authorities (both upper tier and unitary) are responsible for improving the health of their local population and reducing health inequalities. In the financial year ending 2021, local authorities will receive a £3.279 billion public health grant for their public health duties for all ages. This local authority circular sets out the allocations and conditions for using the grant.

Map roles using the Public Health Skills and Knowledge Framework. The Public Health Skills and Knowledge Framework describes the functions and activities carried out by people working to protect and promote the public’s health across the UK. It can be used to: help individuals to recognise their capabilities in relation to public health activity, enabling them to manage their development and career planning; and support career conversations between individual workers and their peers, supervisors, mentors or managers, to support career planning and progression.

What role do taxes and regulation play in promoting better health? The use of regulatory and fiscal policy tools in improving public health has long generated heated debate, and is rising up the agenda once more. This briefing aims to contribute to the debate, looking at how a range of policy levers might be used effectively to reduce consumption of tobacco and alcohol, and unhealthy consumption of food and drink, and ultimately improve people’s health. 

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

 

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Regulation  

Publications/Guidance 

Regulatory status of equipment being used to help prevent coronavirus (COVID-19). Guidance by the Medicines and Healthcare Products Regulatory Agency on the different regulations which apply to devices and equipment including hand gels and personal protective equipment.

Rapidly Manufactured Ventilator System (RMVS). Medicines and Healthcare Products Regulatory Agency guidance sets out the clinical requirements for ventilators to be used in UK hospitals during the coronavirus (COVID-19) outbreak based on the consensus of what is "minimally acceptable" performance in the opinion of the anaesthesia and intensive care medicine professionals and medical device regulators.

Storing or treating COVID-19 cleansing waste at a healthcare waste management facility: RPS. Guidance on how to store or treat COVID-19 (coronavirus) cleansing waste without having the relevant waste code on the permit. This COVID-19 regulatory position statement only applies to waste from cleaning people or places infected or potentially infected with COVID-19.

Information about temporary registration GMC. The UK government has asked the GMC to give temporary registration to doctors who left the register or gave up their licence to practise in the last three years. This is part of the response to the coronavirus (COVID-19) pandemic, under section 18a of the Medical Act (1983).

Covid-19 temporary registration. NMC. The Government has introduced emergency legislation that allows the NMC to create a Covid-19 temporary register. The Secretary of State for Health and Social Care has also now advised that the UK is in an emergency situation with the threat of loss of life and serious illness arising from the Covid-19 pandemic. This means the NMC are now able to temporarily register fit, proper and suitably experienced people, so that they can practise if they want to and feel able to do so.

COVID-19: The Temporary register for former health and care professionals and final year students. Emergency legislation has been passed by the UK Government, giving the Health and Care Professions Council (HCPC) powers to automatically register thousands of former paramedics, biomedical scientists, occupational therapists, radiographers, physiotherapists, operating department practitioners, clinical scientists and other professions essential to testing and treating coronavirus patients. In preparation, HCPC has contacted professionals who left the HCPC register in the last three years to explain the temporary emergency registration process.

CQC case studies show how trusts have maintained their ratings A series of case studies published by Care Quality Commission showing how trusts have achieved significant improvements in their ratings - and how they have since sustained those improvements or improved further.

A competency framework for rheumatology nurses This publication provides a competency and role development framework for rheumatology practitioners in clinical practice (most commonly called rheumatology nurse specialists). The role of the rheumatology nurse specialist is complex and may include roles in paediatric nursing, research, advanced level skills in clinical assessment, and prescribing and providing intra-articular injections, among others.       

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

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Social Care  

Publications/Guidance 

Coronavirus: Current information and advice. A compilation of current official UK/global advice and publications relating to the worldwide outbreak of COVID-19.

New quick guide – Promoting positive mental wellbeing for older people Older people living in care homes often experience depression, loneliness and low levels of satisfaction, This new SCIE/NICE quick guide explains how managers can support older people to have positive mental wellbeing - maintaining a strong sense of personal identity, engaging in meaningful activity and having access to good care.

Coronavirus (Covid-19) guidance for social care Advice for councils and care providers as the Government works to delay the spread of COVID-19. There is specific residential care, supported living, home care and social distancing guidance.

SCIE/NICE quick guide: Helping to prevent infection in care homes Measures to prevent infections in care homes are vital. Managers and staff in care homes will find this guide very useful as a reminder of the most important methods of preventing infection.

Responding to COVID-19: the ethical framework for adult social care. This framework intends to provide support to ongoing response planning and decision-making to ensure that ample consideration is given to a series of ethical values and principles when organising and delivering social care for adults.

Social care: charging for care and support This circular - LAC(DHSC)(2020)1 - contains information for local authorities about the social care charging arrangements for 2020 to 2021. It includes details about: capital limits; personal expenses allowance; minimum income guarantee; and savings credit.     

New adult social care guidance to protect the most vulnerable against COVID-19 Adults receiving social care will be better protected by new guidance for councils and care providers as the government works to delay the spread of COVID-19.   

Guidance on social distancing for everyone in the UK and protecting older people and vulnerable adults. This guidance is for everyone. It advises on social distancing measures we should all be taking to reduce social interaction between people in order to reduce the transmission of coronavirus (COVID-19). It is intended for use in situations where people are living in their own homes, with or without additional support from friends, family and carers.   

Chief social workers’ annual report: 2019 to 2020 The sixth annual report from the Chief Social Workers for Adults in England reviews progress to improve social work skills and practice and sets out national priorities for the coming year. The report describes: ambitions for the profession including enhancing the leadership role of principal social workers; and proposals for improving safeguarding and reducing health inequalities, particularly for people with learning disabilities.

Bevan Brittan Updates

COVID-19 Local authority governance and decision making

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  

Coronavirus Bill: what it will do. Measures contained in the fast-tracked coronavirus legislation and why they are needed to effectively manage the coronavirus (COVID-19) outbreak in the UK.

The NHS has coronavirus webpages, bringing guidance for the system and healthcare professionals in one place.  

Guidance on social distancing for everyone in the UK and protecting older people and vulnerable adults. This guidance is for everyone. It advises on social distancing measures we should all be taking to reduce social interaction between people in order to reduce the transmission of coronavirus (COVID-19). It is intended for use in situations where people are living in their own homes, with or without additional support from friends, family and carers.

COVID-19: prisons and other prescribed places of detention guidance. Joint guidance from Public Health England and the Ministry of Justice aims to assist healthcare staff and custodial/detention staff in addressing coronavirus (COVID-19) in prescribed places of detention (PPDs). 

Preparedness, prevention and control of Covid-19 in prisons and other places of detention: interim guidance
This guidance provides useful information to staff and health care providers working in prisons, and to prison authorities. It explains how to prevent and address a potential disease outbreak and stresses important human rights elements that must be respected in the response to Covid-19 in prisons and other places of detention. Access to information and adequate health care provision, including for mental disorders, are essential aspects in preserving human rights in such places.

YouTube playlist of Covid-19 videos Healthcare consultancy @MedicineGov has produced a playlist of Covid-19 related videos culled from YouTube.

Novel coronavirus (COVID- 19) standard operating procedure: estates and facilities. This document will to assist managers and estates teams in the rapid conversion of existing wards into facilities for intubating COVID-19 patients. It contains: bed layouts infrastructure prompts and oxygen advice.

News 

UK joins global fight against "dangerous" fake medicines being sold online The Medicines and Healthcare Products Regulatory Agency has taken part in the annual Operation Pangea in March 2020, that saw police, customs and health authorities from 90 countries work to prevent the illicit online sale of medical products. While no coronavirus-related products have reached the UK'S borders, globally 2,000 online advertisements related to Covid-19 were discovered, advertising more than 34,000 unlicensed and fake products.

If you wish to discuss any queries around this general topic please contact Claire Bentley.

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