24/01/2023
Bevan Brittan provides high quality, comprehensive advice to the NHS, independent healthcare sector and local authorities. 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, independent sector and local authorities which have been published in the last month.
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Bevan Brittan Free Training Events
Bevan Brittan Clinical Risk/Health, Care and Regulatory Law Team Training - These are internal hour long lunch time training sessions. You can sign up to watch the training sessions remotely via our webinar facility. Please contact Claire Bentley.
An Introduction to Honour-Based Abuse - 12.30pm 26 January 2023
Costs arguments at CCMCs and after - 12.30pm 31 January 2023
Civil Matters involving Vulnerable Adults: Equality and Capacity Considerations - 12.30pm 2 February 2023
Fatal accidents - 12.30pm 28 February 2023
Please note that registration for each webinar will close one hour before the webinar starts, so please do ensure you have booked your place in advance to guarantee attendance.
Acute and emergency care
Publications/guidance
Ambulance delays and strikes: Inquiry. The Health and Social Care Committee launched an inquiry on 20 December 2022, examining what is being done to provide a safe level of emergency cover to the public during strike action. The Committee will also examine the ambulance service response times generally, what is being done to tackle handover delays and whether the use of targets is an effective way to measure performance.
Re-envisioning urgent and emergency care Report looking at ways that could reimagine urgent and emergency care, improve patient care and manage demand.
Emergency healthcare: a national emergency. This report includes an action plan, setting out suggestions as to what the government should do to address the crisis regarding access to emergency care. It finds that, in many cases, patients are attending emergency care services because they have, or feel they have, no alternative. The report concludes that the government should consider, consult upon, and establish a bold and ambitious new operating model for emergency health care.
News
Drop patients at A&E even if no beds, paramedics told Paramedics have been ordered to leave severely ill patients in chairs or trolleys at overcrowded A&E waiting rooms. The new guidance for the London Ambulance Service states that staff should spend a maximum of 45 minutes outside hospitals. Hundreds of ambulances are wasting hours every day queuing outside A&E because there are not enough empty beds or staff to take on new patients. However, this means that paramedics cannot get back on the road to answer new 999 calls.
If you wish to discuss any queries you may have around acute and emergency issues please contact Claire Bentley.
Children and young people
Publications/Guidance
Mental health of children and young people in England 2022 This report is a follow-up to the Mental health of children and young people (MHCYP) survey, published in 2017. Among other statistics, the report shows a rise in poor mental health, in part due to online bullying and social media anxieties.
Away from hospital and into the community: a research report into alternative options for young people’s mental health crisis care According to this report, young people and expert mental health care staff say patients are unlikely to receive inpatient mental health care unless they 'have attempted suicide multiple times'. It finds increasing demand for children and young people’s crisis mental health services amid challenges with existing services. The report recommends alternative community crisis services, including supported housing away from hospital settings to reduce pressure on A&E and reduce costs by more than 50 per cent.
Hidden in Plain Sight: A national plan of action to support vulnerable teenagers to succeed and to protect them from adversity, exploitation, and harm. In its final report the Commission on Young Lives calls on Government to lead the fight back through "Sure Start Plus", a national plan to prevent teenagers becoming involved in criminal exploitation, gangs, and serious violence. It proposes a new "Sure Start Plus for Teenagers" network of intervention and support as the centrepiece of a range of recommendations to government, the police, schools, and others to tackle problems in children's social care, education, family support, children's mental health, and criminal justice systems. It warns that the failure of these systems to protect some of the most vulnerable children is allowing criminals and abusers to groom thousands of young people in England into county lines, gangs, and criminal activity. A House of Lords Library In Focus article, published in January 2023, examines the report and government policies in the areas concerned.
BASW England Statement on Department for Education's consultation on regulating "supported accommodation" for 16-and-17-year-olds. Responding to the Department for Education's consultation on proposed quality standards for unregulated accommodation for children in care aged 16-17, the British Association of Social Workers (BASW) expresses the view that the needs of children in unregulated settings are best served by the children's homes statutory framework, not by the proposed regulations which fall short of what is acceptable, safe, and in the best interests of children. BASW notes that there are currently over 7,000 children aged 16 and 17 living in unregulated accommodation, in settings ranging from adult bedsits, to shared rooms with strangers, to caravans and even narrow boats, and the harms encountered by children in these settings.
Sudden and unexpected deaths in infancy and childhood This is an audit report of all infant and child deaths occurring between April 2019 and March 2021 in England. It is the first national report to have investigated all unexpected deaths of infants and children – not just those that remained unexplained. It is also the first national review of the 'multi-agency investigation process' into unexpected deaths.
Care experienced children and young people. Coram Voice and the National Youth Advocacy Service (NYAS) have published a report on children’s care summarising the views of care experienced children and young people across England. Coram Voice gathered feedback from over 80 children and young people and findings include: 60% thought it would be a good idea to make care experience a protected characteristic; 32% did not know how to get an independent visitor; and 38% explained they had been treated negatively due to being care experienced. The report calls for the government to prioritise consulting widely on care experience as a protected characteristic.
Care experienced children and young people. The Department for Education (DfE) has launched a consultation aimed at children and young people with experience of care in England. The DfE are seeking the views of looked after children and care leavers aged 16 and 17 on the proposed new rules for their supported accommodation.
Domestic abuse The Crown Prosecution Service (CPS) has published revised guidance on domestic abuse which includes the update confirming children affected by domestic abuse will be recognised as victims of domestic abuse.
Listen Up, Speak Up campaign provides training to spot and report abuse
If you wish to discuss any queries you may have around children please contact Deborah Jeremiah or Ruth Shedlow.
Clinical Risk / Patient Safety
Publications/Guidance
Hewitt Review: Call for Evidence - NHS Resolution Response. In response to a Department of Health and Social Care consultation on how the oversight and governance of integrated care systems can best enable them to succeed NHS Resolution suggests that the Hewitt Review of integrated care systems (ICS) considers the level of ICS and Integrated Care Board (ICB) awareness and engagement with their system member's contributions to NHS Resolution's clinical and non-clinical indemnity schemes to ensure there is sufficient oversight of the costs of clinical negligence at member and system level.
The assessment of venous thromboembolism risks associated with pregnancy and the postnatal period. This report finds that pregnant women and pregnant people could suffer a potentially fatal blood vessel blockage if their risk is not properly assessed during pregnancy and the first six weeks after birth. It aims to identify factors that limit the effectiveness of venous thromboembolism risk assessment policies and identify opportunities to improve patient safety.
Maternity survey. This survey aims to capture what people using maternity services in 2022 felt about the care they received while pregnant, during labour and delivery, and once at home in the weeks following the arrival of their baby. The survey of more than 20,900 women who gave birth in February 2022 shows fewer reporting positively about their experience of maternity care, with a decline in the number able to get help from staff when they needed it, compared with five years ago. However, many respondents were still positive about their interactions with staff.
Government response to the independent inquiry report into the issues raised by former surgeon Ian Paterson: 12-month implementation progress update The report of the independent inquiry into the issues raised by Paterson was published on 4 February 2020. This report details the government’s progress in implementing its response to the report of the independent inquiry into the issues raised by former surgeon Ian Paterson. It also includes details on how these actions have impacted the health system and where there remains ongoing activity. It is organised under four themes: patient-centred information; making challenge heard; ensuring accountability; and putting things right.
GIRFT diagnostics delivery guide: a guide for systems in delivering effective diagnostic services to support elective recovery. Aimed at NHS leaders and managers at regional, system and trust level, and clinicians, health care professionals and managers working in diagnostic services and clinical specialties, this delivery guide offers practical advice on steps for delivering a more effective service, as well as ways for primary care and acute services to free up diagnostic capacity by reducing unnecessary referrals.
Independent Medicines and Medical Devices Safety Review: update report on government implementation. A Department of Health and Social Care paper updates on progress to implement the 2021 response to the Independent Medicines and Medical Devices Safety Review and improve patient safety. It sets out the steps the Government is taking to implement the accepted strategic recommendations and actions for improvement, and provides more detail on the Government's work on sodium valproate and pelvic mesh.
Follow-up on the IMMDS report and the Government's response: Sixth Report of Session 2022-23. A Health and Social Care Committee report examines the Independent Medicines and Medical Devices Safety review report "First Do No Harm" and the Government's response to it. It concludes that the Government's inaction leaves women harmed by medical intervention without support, adding it must act urgently to enable women and children avoidably harmed to receive compensation and care. It raises particular concerns about the Government's failure to collect data on the number of women who experienced complications following surgical mesh surgery or, in the case of sodium valproate, had been affected directly by the drug or had given birth to children affected by it. The report finds that families have waited too long for redress or compensation because litigation through the courts was the only option open to them, with the Government having rejected an alternative redress option recommended by the review.
Updating on ACSO's work on costs in 2023. An Association of Consumer Support Organisations (ACSO) publication provides an update on the key focus of the work of its Civil Litigation Reform Group on costs in 2023: reviewing the areas in which recoverable costs are already fixed and lobbying for those costs to be adjusted in the interest of fairness, proportionality and reasonableness; analysing and engaging with stakeholders on existing proposals to extend fixed recoverable costs in legal areas where they already exist, such as personal injury, or applying them to new areas where they do not, such as clinical negligence; and a more thematic review of costs in civil justice litigation. ACSO gives a view on progress and plans for each of the three separate areas: existing fixed costs; extending or establishing fixed costs; and thematic review of costs.
ECDC and EMA collaborate on vaccine safety and effectiveness monitoring studies. The European Medicines Agency (EMA) and the European Centre for Disease Prevention and Control (ECDC) convened on 6 and 7 December 2022 in Amsterdam the first meeting of the Immunisation and Vaccine Monitoring Advisory Board of the Vaccine Monitoring Platform (VMP). Through the VMP, the EMA and ECDC will coordinate and oversee EU-funded, independent post-authorisation studies on vaccines use, safety and effectiveness conducted in EU countries.
Consultations
Consultation outcome - Appropriate clinical negligence cover: summary of responses. Following its December 2018 consultation on indemnity cover for healthcare professionals who are not covered by any existing or proposed state-backed scheme, the Department of Health and Social Care sets out a summary or responses received. It states that the majority of respondents were in support of the Government's preferred option 2, to change legislation to ensure that all healthcare professionals not covered by a state-backed indemnity scheme hold appropriate clinical cover that is subject to appropriate supervision - in the case of UK insurers by the Financial Conduct Authority and Prudential Regulation Authority (PRA).
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 Joanne Easterbrook or Tim Hodgetts.
Digital Health
Publications/guidance
Artificial intelligence revolutionising NHS stroke care. Use of cutting-edge AI technology is associated with a tripling of the number of patients recovering and able to perform daily activities from 16% to 48%.
Technology in social care: spotlight on the English policy landscape, 2019-2022 This paper explores policy developments relevant to care and technologies between 2019 and 2022, analysing recent changes to funding structures, strategic priorities and government organisations.
Connected: remote technology in mental health services This briefing summarises evidence from six studies on the use of digital and telephone technology to deliver mental health services. It finds that using remote technology can improve access to mental health support for rural communities, disabled people or people needing a specialist service far from home. It has the potential to increase access and choice in mental health care. But it also risks exacerbating inequalities for people who are digitally excluded.
If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.
Employment/HR
Publications/guidance
Reward communications guide This guide is designed to help NHS organisations effectively communicate their reward offer to staff.
Confirmed industrial action strike days. This page details the confirmed industrial action dates for health, transport and education staff in England.
Consultation on 2023/25 NHS payment scheme and standard contract This briefing summarises the key points from NHS England's formal consultation on changes to the NHS payment scheme and standard contract.
Harnessing digital technologies for workforce development, education and training: an overview Health Education England (HEE) has produced a summary report exploring how digital technology could improve the performance of the health and care workforce, and meet future demand for services.
Action to bolster NHS workforce and retain senior doctors. Plans set out to amend NHS pension rules to retain more experienced NHS clinicians and remove barriers to staff returning from retirement.
Applying for health and social care jobs in the UK from abroad. Guidance for prospective international applicants for health and social care jobs in the UK.
Record numbers of doctors and nurses working in the NHS to ease pressure over winter. Data shows there are almost 4,700 more doctors and over 10,500 more nurses working in the NHS compared to October 2021.
What can the NHS learn from other countries on workforce planning? The Chancellor last month reiterated the government’s commitment to long-term health care staffing projections for England – a move that has long been called for within the NHS. In a new BMJ article, Sarah Reed takes a closer look at the experience of other countries who are already using such approaches as part of their overall workforce planning, and reveals what England can learn from them.
Social care 2022–23 pay gap This report finds that social care workers would need a 41 per cent pay rise – equalling £8,036 – to have parity with their direct equivalents within the NHS – Band 3 healthcare assistants.
New hiring toolkit supports care providers with safer recruitment A first-of-its-kind Better Hiring Toolkit has been launched, providing an essential guide for care sector employers to make informed, safer recruitment decisions. It shares effective references to ensure that vulnerable people across the UK labour market are being protected as effectively as possible.
Growing occupational health and wellbeing together: our roadmap for the future This document sets out NHS England's five-year strategy to improve the health and wellbeing services for the NHS workforce. This strategy now forms a mandate for action for integrated care systems and NHS organisations as part of whole system workforce planning, having been included as part of 2023-24 NHS priorities and operational planning guidance.
What can the NHS learn from other countries on workforce planning? The Chancellor last month reiterated the government’s commitment to long-term health care staffing projections for England – a move that has long been called for within the NHS. In a new BMJ article, Sarah Reed takes a closer look at the experience of other countries who are already using such approaches as part of their overall workforce planning, and reveals what England can learn from them.
News
NHS lost a million working days to long Covid last year NHS trusts in England lost more than a million working days to long-Covid absences last year, analysis suggests. Thousands of doctors, nurses and other health professionals have been forced to take long periods off work because of the lingering effects of coronavirus infection. Data released to the all-party parliamentary group on coronavirus suggests that long-Covid absences are now higher than they were a year ago.
Bevan Brittan Updates
Industrial Action – key considerations for public service employers
How we can help
We can offer support and advice on managing many workforce issues including flexing your workforce to respond to the pandemic, managing bank staff, redeployment, vulnerable groups, sick pay, leave options, supporting staff well-being, presenteeism, remote and home 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, James Gutteridge or Andrew Uttley
Finance
Publications/Guidance
Finance available to NHS trusts and foundation trusts. How DHSC can provide loans, public dividend capital or guarantees of payment to foundation trusts and NHS trusts.
NHS funding, resources and treatment volumes This report looks into the resources available to the NHS and how they are being used, looking beyond just the waiting list. It examines how the funding, staffing and hospital beds available to the NHS have changed since 2019 and how the number of patients treated by the NHS in eight different areas compares with 2019 levels. It finds that for most areas of care, the NHS is still struggling to treat more people than it was pre-pandemic, despite having – on the face of it – additional staff and funding. The report considers a range of different factors that could explain this seeming fall in performance and output.
Consultation on 2023/25 NHS payment scheme and standard contract This briefing summarises the key points from NHS England's formal consultation on changes to the NHS payment scheme and standard contract.
The NHS budget and how it has changed What is the total budget for the Department of Health and Social Care in England? And how has it changed since 2008/09?
Overseas NHS visitors: implementing the charging regulations. Information for NHS bodies who need to make and recover hospital charges from overseas visitors.
Up to £250 million to speed up hospital discharge. NHS will buy thousands of extra beds in care homes and other settings to help discharge more patients to free up hospital beds.
For more information contact Claire Bentley.
Health Inequalities
Publications/Guidance
Mapping existing policy interventions to tackle ethnic heath inequalities in maternal and neonatal health in England: a systematic scoping review with stakeholder engagement. This report outlines a lack of a national, central focus, diversity of research and national commitment for dealing with health inequalities. It calls for the development of a central data repository to map improvements around reducing poor outcomes in maternal and neonatal health care for Black, Asian and ethnic minority women.
Tackling health inequalities: delivering accessible pharmaceutical care for everyone. This position paper outlines how the cost-of-living crisis is adding to widening health inequalities and aims to help pharmacists and pharmacy teams to take action. It describes how services that are already being provided can help reduce health inequalities such as helping patients to get the best from their medicines, to improve their health and to live well. However, the focus is on how these services are provided so they are accessible to those that need them.
NHS Business Services Authority (NHSBSA) Healthcare inequalities: access to NHS prescribing and exemption schemes in England This report looks at health care inequalities in relation to NHS prescribing and exemption schemes in England. It considers uptake in deprived and other under-served communities, providing actionable insights with a focus on three clinical areas of prescribing: chronic obstructive pulmonary disease (COPD), hypertension, and severe mental illness (SMI).
Six key questions to help shape diversity and inclusion plans in 2023 Dana James-Edwards shares the six questions that help her to develop diversity and inclusion plans and critically assess them.
Digital apps and reducing ethnic health inequalities. This report reviews how information gleaned from users of online health tools is used by health providers to analyse and improve patient health.
Diet-related health inequalities This report describes the impact of poor diet on health, the underlying causes and policy approaches to address them. Poor diet is one of the biggest preventable risk factors for ill health. Inequalities in diets contribute to overall inequalities in health. The recent cost-of-living crisis and food price increases have drawn attention to wider inequalities in access to healthy food across the population. This report gives an overview of the population most at risk of adverse diet-related health outcomes, the underlying causes of inequalities in access to healthy food and the evidence on the effectiveness of current policy approaches. It also summarises stakeholder perspectives and discusses government strategies.
The country is getting sicker: the urgent need to address growing health inequalities and protect our health in the face of an economic crisis This report contains anonymous testimonials from doctors, patients, and carers across the UK about their experiences of a country that is getting sicker in the face of an economic crisis. Doctors may or may not be BMA members, but the patients and carers featured are all members of the BMA’s patient liaison group.
Healthcare inequalities: access to NHS prescribing and exemption schemes in England. This report looks at health care inequalities in relation to NHS prescribing and exemption schemes in England. It considers uptake in deprived and other under-served communities, providing actionable insights with a focus on three clinical areas of prescribing: chronic obstructive pulmonary disease (COPD), hypertension, and severe mental illness (SMI).
Housing contributes to health outcomes Housing associations play a key role in preventing and tackling health inequalities. As community anchors, they understand the needs of their area and provide vital services in supporting tenants and health services.
How we can help
We have a multidisciplinary team advising NHS commissioners and providers on all aspects of tackling health inequalities, ranging from:
- advising on the new legal framework and compliance with the relevant statutory duties, particularly in the context of service reconfiguration;
- addressing workforce inequalities;
- taking action on patient safety to reduce health inequalities;
- the role of the Care Quality Commission in tackling health inequalities; and
- lessons to be learnt from the Covid-19 pandemic.
If you wish to discuss any queries you may have around health inequalities please contact Olivia Carter or Julia Jones.
Housing and homelessness
Publications/Guidance
Housing contributes to health outcomes Housing associations play a key role in preventing and tackling health inequalities. As community anchors, they understand the needs of their area and provide vital services in supporting tenants and health services.
Away from hospital and into the community: a research report into alternative options for young people’s mental health crisis care According to this report, young people and expert mental health care staff say patients are unlikely to receive inpatient mental health care unless they 'have attempted suicide multiple times'. It finds increasing demand for children and young people’s crisis mental health services amid challenges with existing services. The report recommends alternative community crisis services, including supported housing away from hospital settings to reduce pressure on A&E and reduce costs by more than 50 per cent.
Bevan Brittan Updates
The Housing Sector and Mould - Part Two
If you wish to discuss any queries you may have around housing and homelessness please contact Julia Jones.
Independent Health
Publications/guidance
Code on Genetic Testing and Insurance. This is an agreement between the government and the Association of British Insurers (ABI) on the use of genetic test results in underwriting insurance policies.
Code on Genetic Testing and Insurance: 3-year review 2022. A Department of Health and Social Care publication presents the first review of the agreement between the Government and the Association of British Insurers (ABI) on the use of genetic test results in underwriting insurance policies. It reviews changes in the genomic policy landscape over the last year and outlines actions being taken to gather expert opinion to ensure the Code remains mutually beneficial for both consumers and the insurance industry.
Acute Data Alignment Programme (ADAPt) The Acute Data Alignment Programme (ADAPt) is a joint programme between NHS Digital and the Private Healthcare Information Network (PHIN) that is looking to adopt common standards for data collections and performance measures across both the NHS and private health care. This will ensure that relevant information is consistently recorded and available so it can be more easily analysed and compared.
Consultation outcome - Appropriate clinical negligence cover: summary of responses. Following its December 2018 consultation on indemnity cover for healthcare professionals who are not covered by any existing or proposed state-backed scheme, the Department of Health and Social Care sets out a summary or responses received. It states that the majority of respondents were in support of the Government's preferred option 2, to change legislation to ensure that all healthcare professionals not covered by a state-backed indemnity scheme hold appropriate clinical cover that is subject to appropriate supervision - in the case of UK insurers by the Financial Conduct Authority and Prudential Regulation Authority (PRA).
For more information contact Tim Hodgetts or Julie Charlton
Information Sharing/Data
Publications/Guidance
Getting IT right: the case for urgent investment in safe, modern technology and data sharing in the UK’s health services This report sets out the key areas where more needs to be done to ensure the recovery and resilience of UK health services and the safe delivery of care: infrastructure – hardware, software and connectivity; interoperability – standards and security; involvement – digital leadership, user involvement and skills development; inclusion – digital access and literacy for patients; and investment – prioritise existing funding, protect against budget cuts and increase funding.
Acute Data Alignment Programme (ADAPt) The Acute Data Alignment Programme (ADAPt) is a joint programme between NHS Digital and the Private Healthcare Information Network (PHIN) that is looking to adopt common standards for data collections and performance measures across both the NHS and private health care. This will ensure that relevant information is consistently recorded and available so it can be more easily analysed and compared.
Secure data environment policy guidelines These guidelines set out clear rules for how secure data environments will be used to access NHS health and social care data for research and analysis.
What do we mean by public benefit? Evaluating public benefit when health and adult social care data is used for purposes beyond individual care. Guidance from the National Data Guardian aims to help organisations carry out better public benefit evaluations when they are planning to use, or allow access to, data collected during the delivery of care for planning, research, and innovation projects. It aims to improve public benefit evaluations by defining and standardising a concept that has previously lacked a clear interpretation or understanding.
For more information contact James Cassidy or Jane Bennett.
Mental Health
Publications/guidance
Draft Mental Health Bill This report outlines how the Joint Committee wants the government’s draft Mental Health Bill to be strengthened to address rising numbers detained under current legislation and racial inequalities. The Committee supports reform of the 1983 Mental Health Act and the intentions behind the draft Bill but says that the reform process needs to continue beyond the draft Bill in the direction of more rights-led legislation that respects patient choice. It also urges the government to publish a comprehensive implementation and workforce plan alongside the Bill with clear actions and milestones.
Mental health of children and young people in England 2022 This report is a follow-up to the Mental health of children and young people (MHCYP) survey, published in 2017. Among other statistics, the report shows a rise in poor mental health, in part due to online bullying and social media anxieties.
Away from hospital and into the community: a research report into alternative options for young people’s mental health crisis care According to this report, young people and expert mental health care staff say patients are unlikely to receive inpatient mental health care unless they 'have attempted suicide multiple times'. It finds increasing demand for children and young people’s crisis mental health services amid challenges with existing services. The report recommends alternative community crisis services, including supported housing away from hospital settings to reduce pressure on A&E and reduce costs by more than 50 per cent.
Get in on the Act: Mental Health Act 2022. The Local Government Association has published Get in on the Act: Mental Health Act 2022 which contains information for councils to get ready for the Mental Health Act 2022. The guidance explains that the draft Mental Health Bill is currently going through Parliament and is at the Joint Committee Inquiry stage and a report on its findings is expected by mid-January 2023. The Joint Committee has been appointed to consider the draft Bill, which purports to reform the Mental Health Act 1983, including changes to the safeguards and support received by patients. For further information, see Legal update, Draft Mental Health Bill published for parliamentary scrutiny. The guidance also:
• Summarises local authorities' existing statutory duties under the MHA 1983 and the proposed changes in the draft Bill by way of amendments to the MHA 1983.
• Sets out the background to and the proposed timeline for implementation of the Mental Health Act 2022.
• Contains the key points in the submissions of the LGA and Association of Directors of Adult Social Services to the Joint Committee Inquiry in October 2022.
Monitoring the Mental Health Act. CQC’s Monitoring the Mental Health Act (MHA) report 2021/22, raises concerns which have continued to escalate from previous years; mental health services and staff are struggling to recover following pressures placed on them during the pandemic and the resulting fallout.
Connected: remote technology in mental health services This briefing summarises evidence from six studies on the use of digital and telephone technology to deliver mental health services. It finds that using remote technology can improve access to mental health support for rural communities, disabled people or people needing a specialist service far from home. It has the potential to increase access and choice in mental health care. But it also risks exacerbating inequalities for people who are digitally excluded.
How we can help
We are experts in advising commissioners, providers and care co-ordinators on the relevant legal frameworks. We deal with complex issues such as deprivation of liberty, state involvement, use of CCTV monitoring, seclusion, physical restraint and covert medication. We can help providers with queries about admission and detention, consent to treatment, forensic service users, transfers, leave, discharge planning and hearings. We can advise commissioners on all matters concerning commissioning responsibility, liability and disputes. For more information click here
If you wish to discuss any mental health issues facing your organisation please contact Simon Lindsay, Hannah Taylor or Stuart Marchant.
Primary Care
Publications/guidance
Role of general practice teams in supporting patient access to treatments for Covid-19 To help GP teams and reception staff deal with queries from patients on treatments for Covid-19, this fact sheet explains the pathway. It can be shared and printed for reception staff and is designed to help ensure that potentially eligible patients receive an urgent triage call or review with the practice clinical team and, where appropriate, a referral to a Covid-19 Medicine Delivery Unit.
Bevan Brittan Videos
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 five 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 and arising from the delivery of primary care services, including complaints, inquests and claims, regulatory scrutiny, 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 issues in primary care then please contact Joanne Easterbrook, Susan Trigg, Vincent Buscemi or Ben Lambert.
Provider
Publications/Guidance
Adult social care provider information provisions: data enforcement Guidance on the enforcement process for adult social care providers who do not comply with information requests under section 277A of the Health and Social Care Act 2012.
Health and Social Care Act 2008: code of practice on the prevention and control of infections. Code of practice on the effective prevention and control of infection by health service providers.
New hiring toolkit supports care providers with safer recruitment A first-of-its-kind Better Hiring Toolkit has been launched, providing an essential guide for care sector employers to make informed, safer recruitment decisions. It shares effective references to ensure that vulnerable people across the UK labour market are being protected as effectively as possible.
If you wish to discuss any queries you may have around regulation please contact Vincent Buscemi.
Public Health
News
The NHS is on track to eliminate Hepatitis C by 2025 following a five-year contract worth almost £1bn to buy antiviral drugs for thousands of patients. Deaths from Hepatitis C have fallen by 35%, exceeding the World Health Organisation's target of 10%, putting England in pole position to be among the first countries in the world to eliminate the virus as a public health concern.
If you wish to discuss any queries you may have around regulation please contact Claire Bentley.
Regulation
Bevan Brittan Updates
Court Rules on CQC Factual Accuracy and Inspection Processes
If you wish to discuss any queries you may have around regulation please contact Stuart Marchant.
Social Care
Publications/Guidance
Protecting Human Rights in Care Settings: Government Response to the Committee's Fourth Report: Third Special Report of Session 2022-23 A Joint Committee on Human Rights publication sets out the Government's formal response to the recommendations it made in its report "Protecting human rights in care settings" published on 22 July 2022. The committee's inquiry examined evidence relating to four main issues: the provision of medical and personal care; ongoing concerns about visiting arrangements; the complaints process for when things go wrong; and the coverage of the protections of the Human Rights Act 1998 to all those in receipt of regulated care services.
House of Commons Library publishes briefing paper on adult social care funding in England. Adult Social Care Funding (England) An overview of funding for adult social care in England.
Our support for adult social care This document sets out how the Department of Health and Social Care is supporting the adult social care sector during winter.
Infection prevention and control in adult social care: COVID-19 supplement Sets out how to reduce the spread of COVID-19 in adult social care settings in England.
Health and Care Act 2022: adult social care information provisions. Guidance for adult social care providers on how to comply with the information provisions of the Health and Care Act 2022, and how they will be enforced.
Adult social care winter statement 2022 to 2023. How the government is supporting the adult social care sector this winter.
New hiring toolkit supports care providers with safer recruitment A collaboration between safeguarding experts has led to the publication of a best practice recruitment resource for the social care sector.
Infection prevention and control in adult social care: COVID-19 supplement Sets out how to reduce the spread of COVID-19 in adult social care settings in England.
Technology in social care: spotlight on the English policy landscape, 2019-2022 This paper explores policy developments relevant to care and technologies between 2019 and 2022, analysing recent changes to funding structures, strategic priorities and government organisations.
Social care 2022–23 pay gap This report finds that social care workers would need a 41 per cent pay rise – equalling £8,036 – to have parity with their direct equivalents within the NHS – Band 3 healthcare assistants.
Cases
R. (on the application of BG) v Suffolk CC Court of Appeal (Civil Division) | [2022] EWCA Civ 1047. When considering a local authority's duty and power to meet disabled adults' needs for care and support under the Care Act 2014 s.18 and s.19, "support" had a broad meaning and could include a duty or power to pay towards the cost of holidays or recreational activities. The general duty under s.1(1) to promote an individual's well-being involved a recognition of the autonomy of that individual, and "support" had to be tailored to address the needs and wishes of the particular individual.
How we can help
For ways in which we can help with Social Care issues click here.
If you wish to discuss any queries you may have around social care please contact Siwan Griffiths.
General
Publications/Guidance
Strategies to reduce waiting times for elective care The King's Fund undertook research to understand the strategies that have been used to reduce waiting times in the past 20 years.
Disordered activity? A review of the quality of epilepsy care provided to adult patients presenting to hospital with a seizure Data from 610 clinical questionnaires, 264 sets of case notes and 158 organisational questionnaires were used to assess the quality of care provided to adult patients with a pre-existing epilepsy disorder or who were subsequently diagnosed with epilepsy and presented to hospital following a seizure, between 1 January and 31 December 2020.
Chief Medical Officer’s annual report 2022: air pollution This year’s report lays out the scale of the challenge of reducing air pollution, the substantial progress that has been made and highlights achievable solutions.
Growing occupational health and wellbeing together: our roadmap for the future This document sets out NHS England's five-year strategy to improve the health and wellbeing services for the NHS workforce. This strategy now forms a mandate for action for integrated care systems and NHS organisations as part of whole system workforce planning, having been included as part of 2023-24 NHS priorities and operational planning guidance.
Threat to health from air pollution The significant health threats posed by air pollution are highlighted in The chief medical officer’s annual report, which makes a series of recommendations to continue progress to improve air quality – including to halve the NHS’s contribution to poor air quality within a decade, as set out in the Delivering a net zero NHS report.
Health and Brexit: six years on This report finds that Brexit and its changing relationships with neighbouring countries are exacerbating the severe challenges facing health and social care in the UK today in terms of staffing, accessing essential medicines and the overall economic picture.
Responding to a disclosure of rape or sexual assault. NHS Scotland guidance for healthcare professionals on responding to a disclosure of rape or sexual assault. It summarises how to support individuals and the options available to them, including referral to a Sexual Assault Response Coordination Service (SARCS).
Genome UK: 2022 to 2025 implementation plan for England. A Department of Health and Social Care (DHSC) publication sets out the Government's Genome UK implementation plan for England and lays out specific actions that genomics delivery partners will take during the 2022 to 2025 spending review period to implement the commitments in Genome UK. The plan showcases the research and policy work that is taking place to develop, evaluate and implement new genomic technologies. Alongside the plan, the DHSC is proposing a set of high-level metrics (Annex A), designed to quantify long-term changes in the genomics environment and measure progress against Genome UK ambitions. The proposed metrics will be further developed with delivery partners following the publication of the implementation plan.
EECDC and EMA collaborate on vaccine safety and effectiveness monitoring studies. The European Medicines Agency (EMA) and the European Centre for Disease Prevention and Control (ECDC) convened on 6 and 7 December 2022 in Amsterdam the first meeting of the Immunisation and Vaccine Monitoring Advisory Board of the Vaccine Monitoring Platform (VMP). Through the VMP, the EMA and ECDC will coordinate and oversee EU-funded, independent post-authorisation studies on vaccines use, safety and effectiveness conducted in EU countries.
Brick by brick: the case for urgent investment in safe, modern, and sustainable healthcare estates This report examines the condition of the NHS estate across the UK and its impact on both the wellbeing of doctors and patient care, with a focus on: the maintenance and modernisation of health care estates; the need to design health care environments with capacity, safety and wellbeing in mind; the impact health care estates have on climate and the environment; and the need for steeper increases in capital funding.
News
Up to £250 million to speed up hospital discharge. NHS will buy thousands of extra beds in care homes and other settings to help discharge more patients to free up hospital beds
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