29/05/2020

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

Inquests
Acute and emergency care

Mental Health

Children

Primary Care

Clinical Risk/Patient Safety

Providers

Digital Health

Public Health

Employment/HR

Regulation
Finance Social Care

Information Sharing/data

General

 

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Bevan Brittan Free Training Events 

Employment team webinars

Employment Law Webinar - Managing Workforce Issues in light of COVID-19

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.

Please contact Claire Bentley if you would like to attend either of these 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/Guidance 

Covid-19: resetting emergency department care. In this position statement, the Royal College of Emergency Medicine sets out recommendations on how to prevent further transmission of Covid-19 in emergency departments, streamline emergency care and build on the current temporary practices to save lives.

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

COVID-19: guidance for first responders Advice for first responders (as defined by the Civil Contingencies Act) and others where close contact may be required as part of their normal duties.

Operating framework for urgent and planned services within hospitals NHS England has published an operating framework for urgent and planned services within hospitals.

How to have urgent conversations about withdrawing and withholding life-sustaining treatments in critical care. This guidance encompasses urgent phone or video call conversations about withholding, or withdrawing life-sustaining treatments in critical care, in the context of the UK COVID-19 pandemic, between professionals and people close to the patient – usually family members. This guide is based on existing best practice guidance and research. Daily review of goals and preferences of treatment, in the context of the patient’s ongoing clinical condition should take place with the team, and should be a multi-disciplinary discussion.

Restarting planned surgery in the context of Covid-19  The FICM say "as we try to start reintroducing services it is important to ensure that critical care has capacity to support this, not just in terms of physical space but adequate staffing levels that are sustainable in the medium term. There needs to be a balance between returning to GPICS compliant critical care services and restoring normal activity."

Royal College of Psychiatrists - Psychiatrists see alarming rise in patients needing urgent and emergency care. A new survey of over 1,300 mental health doctors from across the UK reveals that 43% of psychiatrists have seen an increase in their urgent and emergency caseload while 45% have seen a reduction in their most routine appointments. Psychiatrists are concerned that many patients are staying away from mental health services until they reach a crisis point. The pandemic has also made it much harder for services to offer routine appointments despite rapid adoption of new ways of working.

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

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Children 

Publications/Guidance 

Public Health England – Updated guidance on isolation for residential educational settings Guidance to support management of children and young people in residential educational settings, including boarding schools, residential special schools and children’s social care. The guidance covers the definition of household in residential settings, visitor policy and self-isolation, among others.

Legal guidance for mental health, learning disability and autism and specialised commissioning services supporting people of all ages during the coronavirus pandemic

Department for Education: Supporting children and young people with SEND as schools and colleges prepare for wider opening Guidance for special schools, specialist colleges, local authorities and any other settings managing children and young people with complex special educational needs and disability (SEND)

Bevan Brittan Updates

Special Educational Needs and Disability - A New Plan is Urgently Needed.

Briefing: Department for Education announces support package for higher education

How 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 outbreak indemnity The updated FAQs published by NHS Resolution on the coronavirus outbreak indemnity includes information which is relevant to community pharmacists, including those returning to the profession to help with the response to the coronavirus pandemic.

Draft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report - Fourth Report of Session 2019-21 Official Publication - UK Parliamentary Paper Joint Committee on Human Rights A Joint Committee on Human Rights report welcomes the Draft Fatal Accidents Act 1976 (Remedial) Order 2020, which will ensure that bereavement damages, which are available under the Fatal Accidents Act 1976, are no longer restricted to spouses, civil partners or parents of the deceased, but are now available to partners who have cohabited for at least two years. The report also highlights concerns that the bereavement damages scheme is still vulnerable to human rights challenges.

NHS injury cost recovery scheme: April 2019 to March 2020 Data on the funds collected by the Compensation Recovery Unit and funds paid to the NHS.

Legislation

Coronavirus Act 2020 status table: This gives details on which provisions are in force and whether provisions have been suspended or revived.

News

BMA - Thousands of doctors have ‘little or no confidence’ in the NHS’ ability to provide safe patient care Results of a BMA survey found that that the majority of doctors who took part in the survey said that caring for those with Covid-19 has severely impacted the treatment and care available for other patients. They also have little or no confidence that the expected demand could be properly managed in the coming weeks.

Support for women with mesh complications A fund available to women who have experienced complications after having vaginal mesh implanted in procedures carried out by or on behalf of a Scottish health board will open for applications in July 2020. The scheme, which will provide one-off payments of £1,000 to help with emotional or practical support, will be run by NHS National Services Scotland.

Bevan Brittan Updates

When a Claimant refuses examination by the Defendant’s expert.

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

How we can help

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

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

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Digital Health

Publications / guidance

Digital transformation in the NHS - Department of Health & Social Care, NHS England & NHS Improvement, NHS Digital. A National Audit Office report describes the current state of digital services in the NHS and examines the readiness of the NHS to deliver digital transformation. It focuses on: strategy and implementation plans, including lessons from past strategies and progress made to date; the governance of digital transformation; financial and human resources; and technical challenges. It finds that while the Department of Health and Social Care has ambitious plans for digital transformation its track record in the NHS has been poor.

Rapid evaluation of digital health products during the COVID-19 pandemic The COVID-19 pandemic has led to the rapid implementation of many digital health products.

Digital transformation in the NHS This report describes the current state of digital services in the NHS and examines the readiness of the NHS to deliver digital transformation. It focuses on strategy and implementation plans, including lessons from past strategies and progress made to date. It also considers the governance of digital transformation, financial and human resources and technical challenges.

How we can help

Our Digital Health legal and regulatory team are experts in supporting clients in the delivery of new technology within health and social care. We understand the need to work in partnerships and across health and social care systems and are able to provide a one-stop, integrated Digital Health advice service drawing upon expertise across the firm’s Corporate, Commercial, Employment, Regulatory and Clinical Risk teams. Whether you want to ‘move fast and break things’ or ‘do no harm’, our lawyers have the agility to look at problems from different perspectives and offer expert commercial and regulatory support to help you succeed in your ventures.

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 (COVID-19): health and wellbeing of the adult social care workforce This guidance is for anyone who works in adult social care. It provides advice on how you can manage your personal mental health in the current circumstances.

NHS Employers - Latest COVID 19 guidance updates. The guidance summarises the updates which have been made to the COVID-19 guidance for workforce leaders in the past days.

Coronavirus (COVID-19): informing DHSC of the death of a worker in social care How local authorities and social care providers can tell DHSC about the death of an employee or volunteer in social care.

NHS test and trace: workplace guidance This guidance explains how employers and businesses can play their part in the NHS test and trace programme, developed to manage the risk of the virus re-emerging as restrictions on everyday life are eased, as far as it is deemed safe to do so.

NHS workforce feedback hub NHS England and NHS Improvement have opened an online feedback hub so that its leaders can listen and respond to the needs and experiences of the NHS workforce at this unprecedented time. The hub is private and anonymous, and is being run by Ipsos MORI, the independent research organisation. It is open to anyone working in the NHS.

Coronavirus (Covid-19): health and wellbeing of the adult social care workforce This guidance includes advice for people working in adult social care on managing their mental health, and for employers on how to take care of the wellbeing of their staff during the Covid-19 outbreak.

Home Office extends bereavement scheme to NHS support staff and social care workers The bereavement scheme has been extended to the families and dependants of NHS support staff and social care workers who die as a result of contracting coronavirus (COVID-19).

NHS Employers – New guidance on risk assessments for staff Guidance for employers on how to carry out risk assessments particularly for vulnerable groups, to understand the specific risks staff members face from exposure to COVID-19 and actions which employers can take to keep staff safe.

Royal College of Physicians urges government to create ‘new deal’ for international NHS and social care staff.
◦All NHS and social care staff, and their spouses and dependants, should be exempt from the International Health Surcharge.
◦All NHS and social care staff who have worked during the pandemic, and their spouses and dependants should be given indefinite leave to remain.
◦The proposed NHS Visa should be extended to social care staff.

Bevan Brittan Updates

COVID-19: The Transition Back to Work. Government Guidance on Working Safely During Coronavirus and Changes to the Furlough Scheme.

Video: Managing disciplinary and grievance processes during COVID-19. In partnership with the Healthcare People Management Association (HPMA), Yasmin Allan, Associate at Bevan Brittan, provides guidance on the options, risks and practical issues when managing disciplinary and grievance processes during the coronavirus pandemic.

COVID-19 - Additional Death in Service Payment for Health and Care Workers. What's available for the independent and third sectors?

COVID-19: The Transition Back to Work. Government Guidance on Working Safely During Coronavirus and Changes to the Furlough Scheme

Employment Eye May 2020.

Video: The NHS Pension Scheme and Staff Tax - What's the Problem?

Bevan Brittan Updates

Employment Law Webinar - Managing Workforce Issues in light of COVID-19

How 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 

Publications/Guidance

Procurement guidance during Covid-19. NHS England and NHS Improvement has published guidance recognising there will be a need for the urgent procurement of goods, services and works during the pandemic and the need to ensure suppliers are paid in a timely manner to maintain cash flow to protect jobs.

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

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Information sharing/data  

News

Privacy group looks at legal challenge to test and trace. The Open Rights Group (ORG) has instructed lawyer Ravi Naik to draft a letter outlining its concerns about the NHS's coronavirus test and trace programme, after Public Heath England said it would retain "personally identifiable" data of those who test positive for 20 years. ORG is preparing a legal challenge with concerns including: whether the personally identifiable data could be subsequently obtained by the Home Office or other departments for immigration or other purposes, and the failure to complete a data protection impact assessment.

How 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 Coroner’s Guidance No:37: COVID-19 deaths and possible exposure in the workplace. This provides further guidance to Coroners in respect of COVID-19 deaths which may have been contracted in the workplace. This may include frontline NHS staff as well as others (e.g. public transport employees, care home workers, emergency services personnel).

Coronavirus (Covid-19): verifying death in times of emergency This guidance is for all deaths outside hospital where verification of death may be completed by health professionals – such as medical practitioners, registered nurses and paramedics – who have been trained to do so in line with their employer’s policies.

Deaths from Covid-19 (coronavirus): how are they counted and what do they show? This long read examines the methods being used to count deaths from Covid-19 and discusses what the numbers to date show.

Home Office extends bereavement scheme to NHS support staff and social care workers The bereavement scheme has been extended to the families and dependants of NHS support staff and social care workers who die as a result of contracting coronavirus (COVID-19).

Coronavirus (COVID-19): verification of death in times of emergency Guidance clarifying existing practice for verifying deaths outside of hospitals and providing a framework for safe verification of death during the coronavirus emergency. The guidance is for all cases outside hospital when verification of death may be completed by people who have been trained to do so in line with their employer's policies, including medical practitioners, registered nurses, and paramedics. It is also for other non-medical professionals, usually and normally independent of family members, who are verifying death using remote clinical support.

News

GMC, CQC and Health Improvement Scotland have issued a joint statement on death certificates during the 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 

The CQC has made changes to Mental Health Act complaints process. In response to the coronavirus (COVID-19) crisis CQC has made changes to the way they respond to people contacting them with a complaint about the Mental Health Act.

Legal guidance for mental health, learning disability and autism and specialised commissioning services supporting people of all ages during the coronavirus pandemic

The Covid-19 pandemic, financial inequality and mental health This briefing discusses the mental health effects of financial inequalities in the context of the Covid-19 pandemic. It draws evidence from the Coronavirus: Mental Health in the Pandemic research – a UK-wide, long-term study of how the pandemic is affecting people’s mental health. The study is led by the Mental Health Foundation, in collaboration with the University of Cambridge, Swansea University, the University of Strathclyde and Queen’s University Belfast.

Covid-19 and the nation’s mental health According to this report, the global Covid-19 pandemic is likely to increase the number of people in Britain experiencing a mental health problem in the next two years.

Isolation of patients in psychiatric hospitals in the context of the COVID-19 pandemic: An ethical, legal, and practical challenge

Royal College of Psychiatrists - Psychiatrists see alarming rise in patients needing urgent and emergency care. A new survey of over 1,300 mental health doctors from across the UK reveals that 43% of psychiatrists have seen an increase in their urgent and emergency caseload while 45% have seen a reduction in their most routine appointments. Psychiatrists are concerned that many patients are staying away from mental health services until they reach a crisis point. The pandemic has also made it much harder for services to offer routine appointments despite rapid adoption of new ways of working.

Ordinary residence: anonymised determinations 2020. How the department resolves disputes in the health and social care sector when 2 or more local authorities cannot agree responsibility for meeting a person’s eligible needs.

Mental health, learning disabilities and autism: Guidance NHS England has published updating guidance on the impact of COVID-19 on the use of the Mental Health Act and supporting systems to safeguard the legal rights of people receiving mental health, learning disabilities and specialised commissioned mental health services.     

News

Court of Protection Handbook: letter. In  a letter to directors of adult social services, Vice-President of the Court of Protection, Hayden J, states the view that careful adherence to proper legal process and appropriate authorisation of deprivations of liberty may now (during the coronavirus pandemic), at times, be required to give way to other pressing welfare priorities is "entirely misconceived". Noting a "troubling drop" in Mental Capacity Act 2005 s.21A applications he emphasises that deprivation of the liberty of any individual will always require appropriate authorisation.

Ensuring patients can access justice. In light of the ongoing coronavirus (COVID-19) outbreak, the Mental Health Tribunal is using remote hearings and adapting quickly to new ways of working to ensure as many cases as possible can be heard. Hearings usually take place in hospital premises but COVID-19 measures have rendered such hearings inaccessible. In particular, Kinly's Cloud Video Platform (CVP) has been used due to its security, accessibility and flexibility.

Mental health apps to support children and young people. A team across NHSX, NHS Digital, NHS England and NHS Improvement are working to identify a number of digital tools to support children and young people who are experiencing increased mental health needs as a result of COVID-19.

Resumption of three-member tribunals — Hearings taking place on or after 1/6/20 will be heard by a three-member panel.

Coronavirus: Deaths in mental health hospitals double as Covid-19 spreads. Care Quality Commission reveals scale of Covid-19 deaths in mental health hospitals as NHS England refuses to publish information about learning disabled and autistic patient deaths.

CQC have published an update on the work they are doing to better understand the impact of Covid-19 on autistic people and people with learning disability. This work includes analysing all available data on confirmed and suspected coronavirus deaths (as published by ONS) and mapping this against records which indicate whether someone was autistic or had a learning disability. This will also form part of CQC reporting moving forwards.

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. Please contact Claire Bentley if you would like to attend any of our webinars remotely. 

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

Competencies for nurses working in primary health care This document provides guidance and inspiration for policy-makers, instructors, managers and clinicians who are seeking to develop and secure competencies among their nursing workforce in primary care.

Guidance to primary care and community health to support care home residents during the pandemic. Following the letter published on 29 April outlining the second phase of NHS response to COVID-19, this letter sets out how primary care and community health services can help provide the best possible care for our care home residents at this difficult time.

News

Millions of patients benefiting from remote consultations as family doctors respond to COVID-19.

How 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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Procurement  

Publications/guidance

Procurement guidance during Covid-19. NHS England and NHS Improvement has published guidance recognising there will be a need for the urgent procurement of goods, services and works during the pandemic and the need to ensure suppliers are paid in a timely manner to maintain cash flow to protect jobs.

Bevan Brittan Updates

Video: Public Procurement Podcast – FAQ 3 Accelerated procedures.

Video: Public Procurement Podcast – FAQ No.2: Extension of contracts under PCR 72

Video: Public Procurement Podcast – FAQ No.1 

If you wish to discuss any aspect of information law generally please contact Susie Smith.

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Providers 

Publications/Guidance  

COVID-19: guidance for commissioners and providers of services for people who use drugs or alcohol COVID-19 guidance for commissioners and service providers for those dependent on drugs or alcohol.

Surviving the Pandemic: New challenges for Adult Social Care and the Social Care Market, a Discussion Paper by Professor John Bolton. This discussion paper explores challenges that have arisen as a result of the Covid19 pandemic and how the care provider might survive.

Coronavirus (COVID-19): hospital discharge service requirements Sets out how health and care systems and providers should change their discharging arrangements and the provision of community support during the coronavirus situation.

The new normal: balancing Covid-19 and other health care needs This briefing sets out the complexities NHS trusts may face in reintroducing more services safely alongside the sustained, continuing risk presented by Covid-19. It outlines five questions that the NHS must consider going forward. 

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 England have updated their guidance on Infection Prevention and Control (IPC) 

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

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Regulation  

Publications/Guidance 

The College of Policing – Briefing on the updated Health Protection Regulations (England) The guidance incorporates the updates to the Regulations on 22 April 2020, and it provides practical advice to police officers on enforcing these.

The College of Policing – What constitutes a reasonable excuse to leave the place where you live Practical examples from CPS of what is and what is not a reasonable excuse.

News

CQC - CQC launches emergency support framework (ESF) ESF is part of CQC’s regulatory approach during the coronavirus (COVID-19) pandemic. It provides a structured framework for the regular conversations that inspectors are having with providers and covers the following four areas: Safe care and treatment; Staffing arrangements; Protection from abuse; Assurance processes, monitoring, and risk management.

CQC – Joint statement on CQC’s regulatory approach during the pandemic. CQC’s chief inspectors issued a joint statement setting out CQC’s approach to regulation during the coronavirus (COVID-19) pandemic. 

Sharing insight, asking questions, encouraging collaboration: CQC publishes first insight document on COVID-19 pressures                    

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

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Social Care  

Publications/Guidance 

Preventing and managing the Covid-19 pandemic across long-term care services in the WHO European Region This technical guidance identifies 10 policy objectives for decision-makers, policy-makers and national or regional health authorities as they strive to prevent and manage the Covid-19 pandemic in long-term care settings. The focus is on older people above the age of 65 years who use long-term care services in their homes, day centres or designated facilities (residential homes and nursing homes).

Coronavirus (COVID-19): health and wellbeing of the adult social care workforce This guidance is for anyone who works in adult social care. It provides advice on how you can manage your personal mental health in the current circumstances.

COVID-19 response: Identifying a clinical lead for all care homes A letter has been sent to CCGs reminding teams to identify a named clinical lead for each CQC-registered care home in their area

Supporting compassionate visiting arrangements for those receiving care at the end of life Guidance focused on supporting compassionate visiting arrangements for those receiving care at the end of life has been published.

Coronavirus (COVID-19): informing DHSC of the death of a worker in social care How local authorities and social care providers can tell DHSC about the death of an employee or volunteer in social care.

Coronavirus (Covid-19): providing home care This document brings together guidance for social care staff, registered providers, local authorities and commissioners who support and deliver care to people in their own homes in England. It covers: personal protective equipment; shielding and care groups; hospital discharge and testing; government support for social care; and information collection and governance.

Coronavirus (COVID-19): hospital discharge service requirements Sets out how health and care systems and providers should change their discharging arrangements and the provision of community support during the coronavirus situation.

Coronavirus (Covid-19): informing Department of Health and Social Care of the death of a worker in social care This guidance details how local authorities and social care providers can tell the Department of Health and Social Care about the death of an employee or volunteer in social care. There is no legal duty on employers to submit this information but it can help to make sure the appropriate steps can be taken following the death of a care worker, including support for employers.

Coronavirus (Covid-19): health and wellbeing of the adult social care workforce This guidance includes advice for people working in adult social care on managing their mental health, and for employers on how to take care of the wellbeing of their staff during the Covid-19 outbreak.

Ordinary residence: anonymised determinations 2020. How the department resolves disputes in the health and social care sector when 2 or more local authorities cannot agree responsibility for meeting a person’s eligible needs

Legislation

Coronavirus (COVID-19): changes to the Care Act 2014. Changes to the Care Act 2014 to help local authorities prioritise care and support during the coronavirus (COVID-19) outbreak.

News

Coronavirus (Covid-19): antibody tests The government has announced the start of a major new national antibody testing programme, with plans to provide antibody tests to NHS and care staff in England from the end of May. This guidance gives information on the programme. An accompanying infographic shows the differences between coronavirus tests.

COVID-19: guidance on infection control precautions. This guidance provides advice on appropriate infection prevention and control (IPC) precautions for patients recovering or recovered from COVID-19 and remaining in hospital, or being discharged to their own home or residential care.

Covid-19 insight: focus on adult social care. This is the first of the CQC’S regular discussion documents on key issues affecting health and care. Focusing on adult social care, it reviews data on outbreaks, deaths and availability of PPE, and in particular highlights the impact of Covid-19 on staff wellbeing and the financial viability of adult social care services.

Spotlight on recent NHS discharges into care homes This briefing sets out how national guidance around NHS discharges into care homes developed in March and April 2020, how trusts sought to support care homes during this period and why trusts refute the suggestion that they 'systematically' and 'knowingly' transferred known Covid-19 patients into care homes.

Coronavirus (COVID-19): providing home care. Information for those providing personal care to people living in their own home during the coronavirus outbreak.

Coronavirus (COVID-19): support for care homes Sets out the support package to keep care homes safe during the coronavirus pandemic. Change made Information has been added to the care home support package attachment: a template for local authorities has been added under the heading ‘Publishing your rate uplifts and other extra funding for care providers on your website’. 

Department for Health and Social Care – Support for care homes. This document sets out the steps that must be taken to keep people in care homes safe, and the support that will be brought together across national and local government to help care providers put this into practice. This includes: ◦Local Authorities to put in place a care home support plan and submit this planning return by 29 May 2020. ◦Planning returns will be reviewed at regional and national level. ◦Aim to increase compliance with the daily provider reporting requirements. For care homes, this is the capacity tracker. It is expected that the adult social care infection control fund (announced on 13 May) will be conditional on provision of regular information. ◦NHS has committed that all care homes will be supported via primary and community support, by 15 May.

Surviving the Pandemic: New challenges for Adult Social Care and the Social Care Market, a Discussion Paper by Professor John Bolton. This discussion paper explores challenges that have arisen as a result of the COvid19 pandemic and how the care provider might survive.

Ombudsman issues guidance to councils and care providers The Local Government and Social Care Ombudsman has issued guidance to those working for local authorities and care providers about good administrative practice and handling complaints during the Covid-19 crisis. 

App for Social Care workers

  • Care workers get access to guidance, learning resources, discounts and other support all in one place
  • Support will be offered on mental health and wellbeing through toolkits and resources
  • The Care Workforce app will unite 1.5 million care workers across more than 18,000 care providers.

Bevan Brittan Updates

Briefing Note: Letter of 14 May 2020 - Minister of State for Care. As well as the practicalities of providing care during the current Covid-19 crisis, care home providers will be acutely aware that they are currently subject to many demands for information, including daily reports to CQC via the Capacity Tracker. On top of that care home providers will be contacted by their local authorities for information, as set out below. Care homes should do all they can to cooperate with this, as the data gathered will allow Local Authorities to release funding from the Infection Control Fund.

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  

NHS hospital car parking policies in the UK This briefing sets out policies on NHS hospital parking charges in the UK. Hospitals may charge for car parking in all NHS hospitals in England and Northern Ireland. Most hospital car parking charges were abolished in Wales in 2008 and Scotland in 2009.

Returning NHS waiting times to 18 weeks for routine treatment: the scale of the challenge pre-Covid-19 Returning to ‘normal’ levels of activity is expected to take some time and, even before Covid-19, there were substantial challenges with waiting times. As the NHS plans to start to recover services, this long read looks at the context in which planned treatment will recommence. Specifically, it looks at what would have been needed – if the NHS were operating within a ‘business as usual model’ – to return to delivering the standard of 92 per cent of patients being treated within 18 weeks, given the waiting lists and waiting times backlog that had built up by January 2020.

NHS test and trace: how it works This guidance gives an overview of the NHS test and trace service, including what happens if you test positive for coronavirus (Covid-19) or have had close contact with someone who has tested positive.

NHS Charges for Overseas Visitors. This House of Commons Library briefing paper looks at the rules for charging of overseas visitors for the use of certain NHS services, and the development of policy in this area.

NHS Roadmap To Safely Bring Back Routine Operations Health leaders have set out a series of measures to help local hospitals plan to increase routine operations and treatment, while keeping the necessary capacity and capability to treat future coronavirus patients.

NHS England statement on personalised care. In a joint statement on personalised approaches to care and treatment, NHS England and Baroness Jane Campbell, again repeated that blanket do not resuscitate orders should not be imposed on patients. The statement said disabled and vulnerable patients must not be denied personalised care during the coronavirus pandemic and that the virus and its impact on the NHS did not change the position for vulnerable patients.

Are some ethnic groups more vulnerable to Covid-19 than others? This report brings together evidence on the unequal health and economic impacts of Covid-19 on the UK’s minority ethnic groups, presenting information on risk factors for each of the largest minority groups in England and Wales: White other, Indian, Pakistani, Bangladeshi, Black African and Black Caribbean.

NHS England - Addressing impact of COVID-19 on BAME staff in the NHS Sets out the key areas of focus for NHS England and NHS Improvement in relation to staff from black, Asian and minority ethnic (BAME) background.

Clinical characteristics and predictors of outcomes of hospitalised patients with Covid-19 in a London NHS trust: a retrospective cohort study This report is one of the first studies to describe the characteristics and predictors of outcomes for hospitalised Covid-19 patients in the UK. It finds that older age, male sex and admission hypoxia, thrombocytopenia, renal failure, hypoalbuminaemia and raised bilirubin are associated with increased odds of death. Ethnic minority groups were over-represented in the cohort and, compared to white people, people of black ethnicity may be at increased odds of mortality.

Ordinary residence: anonymised determinations 2020. How the department resolves disputes in the health and social care sector when 2 or more local authorities cannot agree responsibility for meeting a person’s eligible needs.

A Position Statement and Provisional Guidance on Recovery and Rehabilitation of Patients following the Pandemic They comment - "Historically, there has been no national and limited local investment in managing the aftermath of complex critical illness. This has left our patients with no clear avenue to help them with the physical, psychological, cognitive and social consequences of critical illness. It has also led to progressive inequality for patients dependent on where they happen to fall critically ill. As a result, they struggle to get back to their previous quality of life when appropriate help could have easily improved their outcome, if provided by those with an understanding of their recovery journey. This is in stark contrast to single organ disease, such as heart, respiratory, head injury or stroke, which all have well defined rehabilitation pathways."  

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

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