Health and Social Care Update - September 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 / Knowledge transfer	Information sharing/data
Acute and emergency care	Mental Health
Children/young people	Primary Care
Clinical Risk/Patient Safety	Providers
Commissioning	Public Health
Digital Health	Social Care
Employment/HR	General
Finance

 

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.

Clinical risk webinars coming up are as follows:-
15th September 2020 12.30pm - Commercial surrogacy/foreign surrogacy 
16th September 2020 12.30pm - Learning from claims to improve safety for people with learning disabilities
29th September 2020. 12.30pm - Costs update for clinical negligence - A review of key developments and cases, with tips to help practice and manage costs. 
13th October 2020 12.30pm - A review of recent cases on breach of duty, causation and consent , relevant for clinical negligence practitioners.
10th November 2020 12.30pm -  CPR and Part 36 - a review of the year. A look at CPR changes and case decisions that will impact on handling clinical negligence cases.
24th November 2020 12.30pm - Secondary victim claims: an update on recent developments

Mental Health Webinars

8th December 2020 12.30pm-  Mental Health update

Employment webinars

10th September 2020 10 am UK immigration law: an overview for employers

Knowledge Transfer

Training. In addition to our free training programme for 2020 (ask Claire Bentley if you want a copy), 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

News/Articles 

Prime Minister confirms funding to prepare the NHS for winter. Prime Minister Boris Johnson announces the 117 Trusts allocated share of £300 million to upgrade A&E facilities.

Arriving late, delayed, or not at all—presentations to paediatric emergency departments during covid-19 pandemic - BMJ 

How research can improve patient care and nurse well being. Research evidence can inform the delivery of nursing practice in ways that not only improve patient care but also protect nurses’ wellbeing. This article, the first in a four-part series, discusses four studies evaluating interventions to support the delivery of compassionate care in acute settings recommended by the findings of the Francis Inquiry report.  

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

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Children and young people 

Publications/Guidance 

The whole society approach: making a giant leap on childhood health. This report reveals the scale of the opportunity for the economy and the health service if the government is successful in its drive to tackle childhood obesity. However, it warns the government will need to go further than its current policies to make the progress needed.

Babies in lockdown: listening to parents to build back better. This report from Best Beginnings, together with Home-Start UK and the Parent-Infant Foundation, reveals the disproportionate impact of Covid-19 and subsequent measures on those pregnant, giving birth or at home with a baby or toddler.

No child left behind. Vulnerability in childhood: a public health informed approach. Reports for local government and their partners to inform their co-ordinated approaches to reduce vulnerability and adversity in childhood. A public health informed approach looks at the factors for individual children, their families and the communities in which they live that make it more or less likely that vulnerability and adversity in childhood has a lasting impact on their lives.

Life on hold: children's well-being and Covid-19. This report looks in depth at the impact of coronavirus (Covid-19) and the associated lockdown on young lives. The charity’s annual survey of children’s wellbeing was completed by just over 2,000 young people and their parents between April and June. It found 18 per cent of children were dissatisfied with their lives overall. That is a marked increase in a figure that has ranged from 10 per cent to 13 per cent over the past five years, and the coronavirus crisis and lockdown is likely to explain the worrying surge.

Young carers and young adult carers: providing care during coronavirus. Guidance and information for people under the age of 25 who are providing care for someone during the coronavirus (COVID-19) outbreak.

Worlds of influence: understanding what shapes child well-being in rich countries This report looks at children from the world’s richest countries and offers a mixed picture of their health, skills and happiness. For many, issues such as poverty, exclusion and pollution threaten their mental wellbeing, physical health and opportunities to develop skills. It finds that even countries with good social, economic and environmental conditions are a long way from meeting the targets set in the 2030 Agenda for Sustainable Development.

Bevan Brittan Updates

Coping with the expected surge in children's services referrals - Deborah Jeremiah.

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 / Patient Safety

Publications/Guidance 

Maternity services in smaller hospitals: a call to action In rural and remote areas, the closure of maternity units can mean longer transfer times and poorer support for obstetric emergencies, but the viability of smaller maternity units is often questioned. This working paper discusses the issues affecting the delivery of safe and effective maternity services and serves as a call to action for areas of improvement that are within the control of employers and national organisations.

Patient safety specialists. NHS England has written to NHS trusts and CCGs asking them to identify patient safety specialists who will lead on patient safety across their organisation and work with others to share good practice and develop a patient safety culture.

COVID-19 Clinical Negligence Protocol 2020. This new protocol outlines a best practice approach to litigation agreed between the Association of Personal Injury Lawyers (APIL), NHS Resolution and the patient safety charity Action against Medical Accidents (AvMA), with other signatories such as the Forum of Insurance Lawyers and the Association of British Insurers. It addresses the conduct of personal injury litigation during these unprecedented and difficult times resulting from Covid-19. The intention of the protocol is to encourage positive behaviours from both claimant and defendant lawyers and organisations as well as consistency of approach in practices across England. It should reduce the risk of costs being spent unnecessarily on issuing proceedings, applications to extend time or stay proceedings.

Interim communications to trusts for year three of the maternity incentive scheme - NHS Resolution.

Rapid report: learning from SARS-CoV-2-related and associated maternal deaths in the UK. This rapid report aims to identify lessons learnt to guide future care and pathway changes in the context of infection transmission and the need for public health and NHS service measures to prevent infection. Please note that free registration is required to access this document.

West Midlands inquiry into Covid-19 fatalities in the BAME community. A task force has found that the disproportionate number of Covid-19 deaths in black and ethnic minority communities in the West Midlands was avoidable. The report calls for an independent public inquiry into the disproportionate number of BAME Covid-19 fatalities and demands urgent action be taken to protect communities ahead of a potential second wave of the virus.

Neonatal collapse alongside skin-to-skin contact The latest maternity learning report from the Healthcare Safety Investigation Branch focuses on the importance of clinical monitoring to ensure that babies are as safe as possible during crucial skin to skin contact following birth.

Complaints Standards Framework Webinar. The PHSO is holding a live webinar on 10 September to explore the new Complaints Standards Framework and answer any questions you may have.

Cases

Stillbirth - MR v EAST KENT HOSPITALS UNIVERSITY NHS FT  The claimant, who was a twenty-six-year old woman, received £55,000 after she suffered a persistent complex grief disorder following the stillbirth of her son in March 2017. In order to resolve the pathological element of her grief she had to undergo sessions of CBT.

Cauda Equina - X v UNIVERSITY HOSPITALS OF LEICESTER NHS TRUST The claimant, a 45-year-old woman, received £1,534,490 total damages for the delay in diagnosis of cauda equina syndrome in August 2010. She suffered bowel and bladder dysfunction, used a wheelchair to mobilise outdoors, had severe to moderate depression and would require life-long care.

Secondary victims - (1) A (IN HIS OWN RIGHT AND AS ADMINISTRATOR OF THE ESTATE OF THE DECEASED, X), (2) B, (3) C, (4) D v HT (2020) The claimants, being family members of the deceased, received a combined sum of £200,000 total damages for the psychiatric injuries they sustained as secondary victims. The injuries arose out of the shocking events that followed the death of the deceased shortly after the delivery of her child in July 2018. The claimants suffered post-traumatic stress disorder and adjustment disorder.

Delivery - N v HOMERTON UNIVERSITY HOSPITAL NHS FOUNDATION TRUST. The claimant, a forty-five-year old woman, received £625,000 following the alleged negligent decision to carry out a forceps delivery of her child and the failure to identify and repair a 3C perineal tear at the time of delivery. The claimant was unable to bond with her baby, and she suffered ongoing faecal and flatal incontinence. She also suffered post-traumatic stress disorder and depression.

Reverse Hartmann's procedure -  JC v ASHFORD AND POOLE HOSPITAL NHS FOUNDATION TRUST (2020) The claimant, a 49-year-old woman, received £405,000 total damages for the injuries she sustained during a reverse Hartmann's procedure in October 2011. She developed a rectovaginal fistula, underwent four major bowel surgeries, suffered a mild depressive disorder that would be permanent and an exacerbation of her pre-existing fibromyalgia. 

Caesarian section - TN v GUY'S AND ST THOMAS' NHS FOUNDATION TRUST (2020) The claimant, a 34-year-old woman, received £28,000 total damages for the uterine perforation she sustained during a caesarean section in September 2016. She suffered a haemorrhage, an infection, abdominal pain and scarring, and underwent a further avoidable laparotomy.

Administration of fund - S v C [2020] EWHC 2127 (Fam) The court determined the administration of part of a £3.74 million negligence settlement fund owned by the parents of a six-year-old child, obtained in respect of her chromosomal disorder and the additional care she required. The parents had divorced and the mother did not trust the father to spend his share of the fund wisely for the child's benefit.

Consultations

Safety of maternity services in England. Recurrent failings in maternity services and what action is needed to improve safety for mothers and babies is the focus of this new inquiry launched by the Health and Social Care Committee. The Safety of Maternity Services in England inquiry will examine evidence relating to ongoing concerns despite the substantial amount of work carried out in recent years. The Committee will build upon investigations that followed incidents at East Kent Hospitals University Trust and Shrewsbury and Telford Hospitals NHS Trust, as well as the inquiry into the University Hospitals of Morecambe Bay NHS Trust. MPs will Consultationsalso consider whether clinical negligence and litigation processes need to be changed to improve the safety of maternity services, as well as the extent to which a “blame culture” affects medical advice and decision-making.

New measures to support development of safe COVID-19 vaccines for UK The Department of Health and Social Care has announced new measures to allow the safe future mass rollout of a coronavirus (COVID-19) vaccine. The rules and safeguards will strengthen the UK's ability to successfully deploy a UK-wide vaccination programme, which will be crucial in saving lives and bringing the pandemic to an end. The measures include: reinforced safeguards to support the Medicines and Healthcare products Regulatory Agency (MHRA) to grant temporary authorisation for the use of a new vaccine - provided it meets the highest standards; expanding the trained workforce who can administer COVID-19 and flu vaccines; and clarifying the scope of the protection from civil liability for the additional workforce that could be allowed to administer vaccinations. A related consultation has been launched.

News/articles

Making ordinary decisions in extraordinary times BMJ Article. Members of a covid-19 ethics working group at a large London teaching hospital argue that a lack of detail in national decision support guidelines led to fear driven anticipatory triage during the first wave of the pandemic.

Celebs with cancer back NHS call for people to get symptoms checked.

Bevan Brittan Updates

Early diagnosis and colorectal claims - Euan Milne

Bevan Brittan Events

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.

Clinical risk webinars coming up are as follows:-
15th September 2020 12.30pm - Commercial surrogacy/foreign surrogacy
16th September 2020 12.30pm - Learning from claims to improve safety for people with learning disabilities
29th September 2020. 12.30pm - Costs update for clinical negligence - A review of key developments and cases, with tips to help practice and manage costs. 
13th October 2020 12.30pm - A review of recent cases on breach of duty, causation and consent , relevant for clinical negligence practitioners.
10th November 2020 12.30pm -  CPR and Part 36 - a review of the year. A look at CPR changes and case decisions that will impact on handling clinical negligence cases.
24th November 2020 12.30pm - Secondary victim claims: an update on recent developments

If you would like to receive the Education Lunch Programme for 2020 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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Commissioning

Publications / guidance

Commissioning responsibility - Who Pays? This revised Who Pays? guidance sets out a framework, for the NHS in England, to establish which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care.

Reintroduction of NHS continuing healthcare (NHS CHC): guidance. Department of Health and Social Care guidance sets out how clinical commissioning groups (CCGs) will restart the NHS continuing healthcare (CHC) assessment processes from 1 September 2020. The document sets out how local health and social care systems should manage: NHS CHC work deferred between 19 March and 31 August 2020; and routine NHS CHC referrals, starting from 1 September 2020.

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

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Digital Health

Publications/guidance

Technology and innovation for long-term health conditions. It has become received wisdom that the NHS struggles to adopt digital innovation, but during the Covid-19 pandemic, many NHS providers have moved services online at astonishing pace. Our new paper, commissioned by the Academic Health Science Network, looks at four digital innovations in health services from the UK and the Nordic countries.  

The impact of Covid-19 on the use of digital technology in the NHS This briefing explores how Covid-19 has changed the use of technology in the NHS, what has enabled these changes to happen, some possible risks and downsides, and what might happen next.

Digital innovation in adult social care: how we’ve been supporting communities during Covid-19 The Local Government Association and Association of Directors of Adult Social Services commissioned the Institute of Public Care at Oxford Brookes University to work with councils in capturing examples of social care digital innovation across local government. It captures key areas of continued work needed to enable successful and sustainable digital innovation in adult social care.

News

Funding boost for artificial intelligence in NHS to speed up diagnosis of deadly diseases. Patients will benefit from major improvements in technology to speed up the diagnosis of deadly diseases like cancer thanks to further investment in the use of artificial intelligence (AI) across the NHS.

New framework launched to help NHS and public sector organisations manage cyber threats. A cyber security services framework has been launched for the NHS and public sector, which can be used to procure external support and services to help manage cyber security risks, increase resilience, and recover in the event of an incident.

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

Pay award for hospital medical and dental staff, doctors and dentists in public health, the community health service and salaried primary dental care. This pay and conditions circular informs employers of the pay arrangements for staff covered by the national medical and dental terms and conditions of service, which apply from 1 April 2020. It covers hospital medical and dental staff, doctors and dentists in public health, the community health service and salaried primary dental care. This replaces Pay and Conditions Circular (M&D) 1/2020, originally published on 24 June 2020.

Covid-19 insights: impact on workforce skills. This report confirms that the pandemic has had wider than expected consequences on the NHS and health and care workforce that will continue to significantly influence service delivery for some time to come. The findings show that following three months of extreme change in the sector, organisations suffered severe skills loss. The report highlights the critical issues that contributed to this, with the aim of supporting the sector to rebuild and reset for a sustainable future, both now and in the long term.

Disability in the medical profession: survey findings 2020. This report outlines findings about the experiences of people with disabilities and long-term health conditions studying, training and working in the medical profession. It makes recommendations on the priority areas for action to improve support.

Improving performance by improving staff wellbeing: North Bristol NHS Trust. This case study sets out how North Bristol NHS Trust (NBT) improved performance across the board and saved hundreds of thousands of pounds by prioritising and enhancing staff health and wellbeing. The trust launched a new staff wellbeing programme in January 2018, which was shaped by staff feedback from a series of surveys and staff listening events. Two themes emerged: workload, and staff health and wellbeing. NBT created comprehensive plans to address both issues simultaneously.

News

NHS nurse numbers continue rising with 13,840 more than last year The number of nurses in the NHS in England increased by 13,840 compared with last year, and the number of doctors has risen by 9,306.

Bevan Brittan Updates

Employment Eye September 2020

Bevan Brittan Events

UK immigration law: an overview for employers 10th September 2020 10 am

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 

New/articles

Prime Minister confirms funding to prepare the NHS for winter. Prime Minister Boris Johnson announces the 117 Trusts allocated share of £300 million to upgrade A&E facilities.

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

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Information sharing/data 

Bevan Brittan Updates

ICO Publishes Artificial Intelligence Guidance - James Cassidy

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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Mental Health 

Publications/guidance 

Suicide prevention in Gypsy and Traveller communities in England. The suicide rate for members of the Traveller community is six times higher than the general population, yet Gypsy and Traveller communities are not recognised as a high-risk group, nor mentioned once in the government’s National Suicide Prevention Plan. This paper assesses 79 local suicide prevention plans that represent 113 local areas to see whether the high suicide rate in Gypsy and Traveller communities has been identified and mitigated against on a local level. It finds that only 5 out of 79 local suicide prevention plans in England mention Gypsy and Traveller communities.

Mental health services and Covid-19: preparing for the rising tide Mental health services have faced unprecedented challenges due to Covid-19. They quickly and effectively moved to different ways of working to protect service users and staff. As we move to the next phase of the pandemic, we expect demand for mental health support to increase and to remain high for some time. This will have serious implications on resourcing and staff wellbeing. This report from the NHS Reset campaign considers what mental health services need to prepare for the expected surge in demand. It also highlights how the health and care system can 'reset' the way care and support are planned and delivered in aftermath of Covid-19.

Getting it right for everyone. Based on extensive interviews with the leaders of seven trusts in the NHS providing good or outstanding care to people with a learning disability and people with autism, and broader ongoing engagement with trusts providing these services, this report sets out in detail the common themes behind high-quality care, offering detailed case studies of how these services have succeeded.

Who Pays? Determining responsibility for NHS payments to providers This revised Who Pays? guidance sets out a framework, for the NHS in England, for establishing which NHS organisation has responsibility for commissioning an individual’s care and which has responsibility for paying for that care. It is published for implementation by commissioners from 1 September 2020.

Our place: local authorities and the public's mental health. This report, written with the Local Government Association, argues that people’s mental wellbeing will play a crucial role in every aspect of recovery planning, including schools reopening, workers returning from furlough, people who have been shielding, and in dealing with the economic and housing consequences of coronavirus (Covid-19), as well as planning for possible further spikes in infections. It concludes that a national focus is needed on helping everyone stay mentally well, backed up by funding for councils.

Decision making and mental capacity This quality standard covers decision-making in people aged 16 and over using health and social care services, who may lack capacity to make their own decisions (now or in the future). It aims to support implementation of the aims and principles of the Mental Capacity Act 2005 and relevant codes of practice. It is not a substitute for these.  

Cases

Northamptonshire Healthcare NHS Foundation Trust v AB [2020] EWCOP 40. Declarations were made that the P, who suffered from anorexia nervosa, did not have capacity to make decisions about her treatment for the condition, nor was it in her best interests to receive any further treatment.

RE FA (A PATIENT) (2020) A 38-year-old patient whose life depended on receiving kidney dialysis treatment lacked capacity to refuse such treatment because she was suffering from complex paranoid delusions. Although the court would approve in principle the provision of dialysis treatment against the patient's express wishes, it would not endorse the care plan as it envisaged dialysis and psychiatric treatment at two different hospitals which was inconsistent with the plan's objectives, and a revised care plan was awaited.

Re AHK (A Patient). [2020] 8 WLUK 254 The court refused to grant a declaration to an NHS trust that it would be in the best interests of a 26-year-old patient with a severe personality disorder at end-stage renal failure to provide dialysis when he was co-operative and to provide palliative care if he refused treatment, thereby altering an earlier court order sanctioning a regime of coerced dialysis involving chemical and physical restraint. Although the restraint required had compromised his dignity, the proposed alteration to his treatment plan was against his expressed wishes when he had capacity. 

Bevan Brittan Updates

Case summary: A Local Authority v RS (Capacity) 2020 EWCOP 29 - Eric Chan

Case Summary: Northamptonshire Healthcare NHS Foundation Trust v AB [2020] EWCOP 40

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/would like to receive our education lunch programme for 2020. 

Mental Health Webinars coming up are:-

16th September 2020 12.30pm - Learning from claims to improve safety for people with learning disabilities 
8th December 2020 12.30pm - Mental Health update

If you wish to discuss any mental health issues facing your organisation please contact Hannah Taylor, Simon Lindsay or Stuart Marchant. 

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Primary Care  

Publications/guidance

Social Prescribing. A House of Commons Library briefing paper on the referral of patients by GPs and other healthcare professionals to non-clinical services in the local community. It covers government policy, the benefits of social prescribing and its use in devolved nations.

Video consulting with your NHS. To support primary care in delivering video consultations, two new resources have been published. These are visual resources, intended to support patients and staff in the use of video technology when conducting appointments. Video consulting with your NHS is a quick step-by-step guide for patients which explains the benefits of a video consultation and provides practical guidance on how to start, have and finish a video consultation. A similar quick step-by-step guide aimed at NHS staff is also available and covers practical tips on running a video consultation.

General practice fellowships for GPs and nurses new to practice programme: operational guidance 2020/21. This guidance supports integrated care systems and sustainability and transformation partnerships, primary care networks, training hubs and other local partners to understand and continue delivery of the General Practice Fellowship programme, supporting newly qualified GPs and nurses working in primary care.

More accurate general practice appointment data. This guidance introduces an agreed definition of an appointment, and asks general practice to start applying this now and systematically, as an important first step to improve data quality.

Implementing the 2020/21 GP contract: changes to personal medical services and alternative provider medical services contracts. Following the changes to the general medical services (GMS) contract for 2020/21, this document sets out the approach to the funding changes that NHS England will apply to personal medical services (PMS) and alternative provider medical services (APMS) contracts.

News

Over 700,000 patients served by GPs at high risk of COVID-19 could be left without access to face-to-face GP appointments.

Bevan Brittan Updates

Verification of Expected Adult Deaths - points to consider for primary care providers - Lauren Howe

Bevan Brittan has collaborated with NHS Resolution to produce a series of videos outlining key areas in general practice that frequently give rise to claims. Members of our clinical negligence team draw on their wealth of experience in dealing with claims to highlight the common areas of risk, provide guidance on how to mitigate or avoid these issues, and what steps to take if a complaint or a claim is received. The first three videos in this series are available to watch now. See below:-
Consent - Daniel Morris
Medical record keeping - Ben Lambert
Administrative errors - Susan Trigg
What to do if you receive a complaint or claim - Joanne Easterbrook
Common pitfalls - Helen Carrington

Other useful resources from NHS Resolution for primary care are set out below:-
1. General Practice Indemnity schemes
2. Understanding the Clinical Negligence Scheme for General Practice
3. Handling claims under the Clinical Negligence Scheme for General Practice
4. Covid-19 guidance for general practice 

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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Providers 

Publications/Guidance  

Mental health services and Covid -19. While ostensibly a physical health issue, Covid-19 has and will continue to have huge implications for mental health providers and the individuals they support. This report from the NHS Reset campaign considers what mental health services need to prepare for the expected surge in demand. It also highlights how the health and care system can 'reset' the way care and support are planned and delivered in the aftermath of Covid-19.

Overview of adult social care guidance on coronavirus (COVID-19). Information for adult social care providers on COVID-19 guidance and support.

National framework for e-sexual and reproductive healthcare. This framework aims to offer customers a convenient, efficient and cost-effective method for contracting with providers of e-sexual and reproductive health services. Providers listed in the framework deliver services to a pre-agreed specification, pre-agreed terms and conditions, and to a published price list.   

Bevan Brittan Updates 

Verification of Expected Adult Deaths - points to consider for primary care providers - Lauren Howe  

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

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Public Health 

Publications/guidance

No child left behind. Vulnerability in childhood: a public health informed approach Reports for local government and their partners to inform their co-ordinated approaches to reduce vulnerability and adversity in childhood. A public health informed approach looks at the factors for individual children, their families and the communities in which they live that make it more or less likely that vulnerability and adversity in childhood has a lasting impact on their lives.

You had one job: the shortcomings of Public Health England and the World Health Organization during the Covid-19 pandemic This report looks at the criticisms of the World Health Organization and Public Health England regarding their response to the Covid-19 pandemic. It argues that both organisations spread themselves too thinly over a broad range of medical, political and social issues, leading to a lack of focus.

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

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Social Care  

Publications/Guidance 

Hospital discharge and preventing unnecessary hospital admissions (Covid-19) This guide discusses the lessons learnt from hospital discharge and avoidance during the Covid-19 pandemic. It highlights challenges faced and good practice to prevent unnecessary admissions going forward.

Social care and obesity The Covid-19 pandemic has thrown into sharp relief the urgent need for long-term reform and sustainable funding for adult social care. All areas of adult social care, and its interdependence with health care, need to be considered in the round in a comprehensive action plan. One area that places high demands on social care and exerts significant pressures on costs and resources is obesity, yet it is often overlooked. Focus to date has centred on obesity-related costs and pressures on the NHS, rather than on social care.

Coronavirus (COVID-19): admission and care of people in care homes How to protect care home residents and staff during the coronavirus outbreak.

Signs of abuse and neglect in adult care homes « Back Staff and visitors can play a vital role in the identification and prevention of abuse and neglect in care homes for adults says NICE, in a draft guideline. In addition to mandatory training for staff, the guideline covers what abuse and neglect look like, how to recognise the warning signs and what actions to take if abuse or neglect is suspected. It also calls on health and social care practitioners to provide information about what abuse and neglect may look like to residents and their families and carers. The new guideline will provide practical advice for residents, staff and anyone who spends time with adults in care homes, including family, friends or professionals who may visit.

Delayed transfer of care (DTOC) improvement tool.  This tool has been developed to enable trusts, clinical commissioning groups and local authorities to understand where delayed transfers of care are in their area or system.

How Covid-19 has magnified some of social care’s key problems The pandemic has shone an uncompromising light on the social care sector. In this long read Simon Bottery explores how Covid-19 has exacerbated pre-existing challenges.

Fixing social care: the fundamental choice This report weighs up the three leading options for social care reform, ranking them by cost, political feasibility and impact on supply. It concludes that, of the options being considered, a pension-style model would be most cost effective, while also increasing supply and meeting the increasing demand for social care. It would also better protect people’s assets and benefit a greater number of families.

The experience of care home staff during Covid-19 In May and June 2020, a survey was carried out to understand more about the impact of Covid-19 on the care home nurse workforce within the UK. This survey was launched in the early weeks of the pandemic in response to grave concerns about the safety of the workforce and the gaps in provision that it was facing. The survey responses confirm that for the majority of respondents, the pandemic has been a very challenging experience. They indicated that their work and wellbeing has been worse or much worse than at normal times, during the survey period.

Social care: time to grasp the nettle. This report, part of the NHS Reset campaign, explores the opportunities and challenges ahead for health and social care and the four critical factors needed to reset social care.

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  

The black community and human rights The Joint Committee on Human Rights commissioned ClearView Research to conduct polling about black people’s experiences in the UK in relation to whether they feel their human rights are equally protected. The research found, among other things, that the majority of black people (more than 60 per cent) in the UK do not believe their health is as equally protected by the NHS compared with white people.

Overseas NHS visitors: implementing the charging regulations Information for NHS bodies who need to make and recover hospital charges from overseas visitors.

COVID-19: infection prevention and control (IPC). Guidance on infection prevention and control for COVID-19. Sustained community transmission is occurring across the UK.

NHS hospital car parking policies in the UK This Library Briefing sets out policies on NHS hospital parking charges in the UK.

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

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