06/12/2024

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. 

If someone forwarded you this email you can sign up for your own free copy here delivered directly to your inbox.  

Training Events 

Independent Health

Acute and emergency care

Information sharing / data

Children/young people

Inquests and inquiries

Clinical Risk/Patient Safety

Integrated Care

Digital Health

Mental Health 

Employment/HR

Prison Health 

Finance

Public Health

Health Inequalities

Social Care

 

If someone forwarded you this email you can sign up for your own free monthly copy here delivered directly to your inbox.   

Bevan Brittan Free Training Events 

There is no charge for any of the events listed below

Webinars  
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

Recent developments in breach and causation for clinical negligence lawyers. Tuesday 10 December 2024 | 12:30 - 13:30 | 1 Hour. Join us for this webinar with Thomas Beamont, who will discuss important issues arising from various cases, touching on both breach of duty and causation for clinical negligence practitioners.

 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.  

Back to top

Acute and emergency care

Publications/guidance

Urgent and emergency care survey 2024.This survey looks at the experiences of people using type 1 and type 3 urgent and emergency care services.

Seen and heard: understanding frequent attendance at A&E. An analysis of linked data in Dorset. This report finds that people who frequently attended A&E in Dorset were 72% more likely to live in an area of deprivation. Other common issues included mental ill health and multiple long-term health conditions. Many of those frequently attending A&E had often tried to get other help, but this had not met their needs. This meant that when they reached A&E, they were often in need of more urgent care.

Unlocking productivity through the ambulance estate. This briefing sets out the current condition of ambulance trusts’ estates in England and discovers a growing maintenance backlog, which has reached more than £146 million. It explains the role that improved support and control facilities can play in increasing the ambulance service’s productivity, and highlights some key areas of best practice already apparent in England and Wales.

News

Many people positive about their interactions with urgent and emergency care staff but ambulance handover delays, long waits and lack of pain relief all a concern

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

Back to top

Children and young people

Publications/Guidance

Ofsted annual report 2023/24: education, children’s services and skills. Ofsted's annual report presents their findings for the areas they inspect in early years childcare, schools, further education and skills and children's social care.

Unregistered children’s homes. Ofsted has published a report exploring the use of unregistered children’s homes by local authorities in England. Between April 2023 and March 2024, Ofsted opened over 1,000 cases to look into these settings, up from almost 900 the year before. Ofsted identified unregistered children’s homes across all regions. The report also highlights that 12% of children in the settings that Ofsted investigated last year were on a Deprivation of Liberty Order.

Children in care. The Department for Education (DfE) has released statistics providing information on looked after children in England in 2023/2024. The number of children looked after by local authorities in England on 31 March 2024 was 83,630 compared to 83,840 in 2023, a decrease of 0.5%.

Children’s social care reform. The Department for Education (DfE) has published a policy statement outlining the Government's commitment to reforming the children’s social care system in England. The report sets out reforms aiming to help keep families together and children safe, such as offering family group decision making to all families and introducing measures to strengthen multi-agency child protection, including plans for greater involvement of the education sector. It also outlines reforms to make the care system child-centred and to tackle profiteering amongst placement providers through greater regulation, transparency and caps placed on profits. Other proposals include better support for kinship carers, foster carers and families with children who have disabilities; improved support for care leavers up to the age of 25; and the introduction of a Single Unique Identifier for children to help improve multi-agency information sharing.

Children in care who have disabilities. The Department for Education (DfE) has published an update on safeguarding children who have disabilities in residential settings in England. In a letter to the Child Safeguarding Practice Review Panel, the DfE outline progress and plans for reform. The letter focuses on three themes: ensuring children who have disabilities and complex health needs have their needs met in the right high-quality setting; ensuring they are supported by the right professionals with the right skills; and improving multi-agency working. Progress includes plans to enhance Ofsted’s powers so that they are better able to identify and respond to poor practice in settings where children with complex health needs and disabilities may be living.

Children in custody. HM Inspectorate of Prisons has published a review of the experiences of children living in young offender institutions and secure training centres in England and Wales in 2023-24. The report explores the characteristics of children in custody, safety, and issues relating to children on remand. Findings include: 15% of children felt unsafe at the time of the survey, compared to 7% in 2022-23; children spent most of their time locked in cells, with minimal exercise or human interaction; and there was often conflict and violence when children were able to mix.  

How can we hear and facilitate the voice of the child? The NSPCC have pulled together common themes from case reviews and research into nine practice points designed to help social workers hear and facilitate the voice of the child in their practice.

Gender recognition and the Equality Act. This briefing analyses the debate on the interaction between the Gender Recognition Act 2004 and the Equality Act 2010.

Care leavers' support. Barnardo’s has published a briefing on care leavers’ experiences of accessing support in England. The report highlights young people’s experiences and makes recommendations on how to improve support for those transitioning from care, covering: financial security and housing; access to health services, education and employment; loneliness and isolation; and the criminal justice system.

Child health. The Children and Young People’s Health Policy Influencing Group has produced a roadmap outlining measures to improve child health in England. The road map calls for the Government to make babies, children and young people a central pillar of forthcoming health plans, with children advising directly on health policy that affects them; equitable funding for children, in particular those with palliative care, long-term conditions, and special educational needs and disabilities; and integrated care systems to be made accountable for improving set child health outcomes.

Voice of the child. NSPCC Learning has published a suite of resources exploring the importance of hearing and facilitating the voice of the child. The resources include: an evidence snapshot summarising findings from research published between 2016 and 2023 about the voice of the child in social work practice; a series of practice points designed to help social workers identify and facilitate the child’s voice; and four expert insight films featuring contributions from professionals and young people. The resources highlight how hearing the voice of the child helps professionals to understand children’s experiences, identify risk factors and better meet their needs.

Read the practice points: How can we hear and facilitate the voice of the child?  
Watch the films: The voice of the child: expert insights
The voice of the child: learning from case reviews

Disabled Children’s Social Care.The Law Commission is reviewing the legal framework governing social care for disabled children in England to ensure that the law is fair, modern and accessible, allowing children with disabilities to access the support they need. They have published a consultation paper asking people to tell us about their experiences of the current system and setting out our provisional proposals on how it could be improved. We invite views on these proposals. The consultation is open until 20 January 2025.

The healthiest generation of children ever: a roadmap for the health system. This roadmap, from a coalition of more than 50 children’s charities and Royal Colleges, calls for children to be a central pillar of forthcoming health plans such as the NHS 10-year plan, with children advising directly on health policy that affects them. It calls for equitable funding for children, which was lacking in the recent Budget, in particular for children with palliative care, long-term conditions, and special educational needs and disabilities. It also calls for integrated care systems (ICSs) to be made accountable for improving set child health outcomes. 

The Foundations What Works Centre has published a practice guide on kinship care which outlines the evidence underpinning good quality services. Alongside the guide is a summary for elected members.

The Children’s Commissioner has published a new report considering the purpose and content of child in need plans. The report includes findings on how children’s voices are captured, the quality of actions included and concerns around the closure of plans.

News

Puberty blockers: Can a drug trial solve one of medicine's most controversial debates?

Case reviews ‘silent’ on racial bias in child protection decision making. Reviews relating to black, Asian or mixed heritage children inconsistently feature voice of the child while recommendations fail to provide high-quality learning, finds analysis.

Bevan Brittan Updates 

The scale of the SEND challenge for Local Authorities 

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

Back to top 

Clinical Risk / Patient Safety

Publications/Guidance 

Maternity survey 2024. This survey looked at the experiences of pregnant women and new mothers who used NHS maternity services in 2024. It shows some areas of improvement over the past year, particularly regarding access to mental health support during pregnancy. However, there remain other aspects of maternity care where people report a poorer experience and where analysis indicates a longer-term decline in positive feedback over time. These include communication during labour and birth, information provided during care in hospital after birth, and involvement in postnatal care.

Ministry of Justice sets new personal injury discount rate at positive 0.5%. The Lord Chancellor, Rt Hon Shabana Mahmood MP, has announced a new personal injury discount rate of positive 0.5% for England and Wales, to be effective from 11 January 2025. This new rate will be applied when calculating lump sum compensation payments for future financial losses in personal injury cases. The Lord Chancellor concluded that it would be inappropriate to adopt a dual or multiple rate at this review and that the rate should be set at a single rate of positive 0.5%. This decision follows a comprehensive review process under the Damages Act 1996, which included two Calls for Evidence, consultation with statutory consultees and evidence from an independent expert panel. A Statutory Instrument will be laid in Parliament to implement this change. A full statement of reasons has been made available. 

Findings of the call for evidence on the statutory duty of candour. A report analysing responses to the call for evidence on the statutory duty of candour for health and social care providers in England, launched in April 2024. The government will consider these findings alongside findings from the ongoing manager regulation consultation as it continues to develop policy on candour in health care.

Waiting for a way forward. Voices of women and healthcare professionals at the centre of the gynaecology care crisis. Building on the RCOG's 2022 report, Left for too long, this report seeks to deepen understanding of gynaecology waiting lists in the UK national health services. It asked women and professionals about their experiences and what solutions they believed would help the recovery of gynaecology waiting lists, and improve care for women.

Patient Safety Commissioner publishes Patient Safety Principles. The Patient Safety Commissioner (PSC) has published its Patient Safety Principles. Following a public consultation which garnered over 800 responses, PSC has developed the Patient Safety Principles, a framework for healthcare providers to guide decision-making, planning and collaboration between healthcare professionals and patients. The seven principles includes creating a culture of safety, putting patients at the heart of everything, treating people equitably, identifying and acting on inequalities, identifying and mitigating risks and being transparent and accountable.

News 

New patient animation sets out what to expect from a caesarean birth

Zero tolerance for failure under package of tough NHS reforms. Health and Social Care Secretary will outline how government and NHS leaders have a duty to patients and taxpayers to get the system working well. 

Bevan Brittan Updates

Personal injury discount rate increased to +0.5% in England and Wales

Bevan Brittan Events

Recent developments in breach and causation for clinical negligence lawyers. Tuesday 10 December 2024 | 12:30 - 13:30 | 1 Hour. Join us for this webinar with Thomas Beamont, who will discuss important issues arising from various cases, touching on both breach of duty and causation for clinical negligence practitioners.

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.

Back to top

Digital Health

Publications/guidance

How does the public feel about health technologies and data? This analysis outlines the findings of The Health Foundation's public survey on attitudes towards health technologies and data, and what they suggest for engaging with the public.

An engagement paper on the effective use of artificial intelligence in NHS communications. A taskforce was established in early 2024 to explore the potential use of AI in NHS communications and to guide communications professionals in how to take advantage of the opportunities offered by AI, while mitigating the risks. This engagement paper, published in partnership with the NHS Confederation, outlines proposals for implementing AI tools across all NHS communications channels. The document synthesises the insights gathered so far and poses targeted questions to NHS communications professionals. This engagement period will end on 28 February 2025. A final operating framework will be published in spring 2025.

Trust and confidence in technology-enabled care: a joint analysis with Q. In work from the Health Foundation and Health Data Research UK (HDRUK) to understand the factors that support the successful implementation and adoption of technology in health care, the Q Lab programme (which brings people together to tackle complex challenges and build scalable solutions) delved deeper into: what influences staff and service users to trust new technology; how trust and confidence influence motivations and attitudes; and how to build trust and confidence to support the adoption of new technologies. This long read draws together lessons from the work of the Q Lab teams.

Driving digital transformation: techUK's recommendations for health and social care. This report contains a series of recommendations aimed at improving health and social care services and outcomes through greater adoption of digital, data and technology. The recommendations call for collective action from key stakeholders across the health and social care system, including the UK government and local authorities, the NHS, and social care organisations. 

Artificial intelligence and the health workforce: perspectives from medical associations on AI in health. Health care has progressed through advancements in medicine, leading to improved global life expectancy. Nevertheless, the sector grapples with increasing challenges such as heightened demand, soaring costs and an overburdened workforce. This report discusses how AI could transform health care by alleviating some of these pressures. Potential risks are also discussed, and a balance between innovation and safeguards is advised. 

In the blink of an AI: clearing the backlog in UK public services. This report outlines the benefits the civil service and public sector can reap by further integrating AI and automation into their user-facing workstreams, as well as the time savings available to the public that use them. It looks across different types of public sector organisations, where AI was being adopted in public-facing services such as DVLA, GPs and HMRC. The report argues that AI could cut patient waiting times by almost three-quarters (73%) overall and almost half (47%) during peak times, ending the notorious ‘8am rush’ for appointments.

Digital transformation survey 2024: challenges, opportunities and priorities for trust leaders. This report finds that NHS trusts are being held back from further and faster digital transformation of services by limited budgets, day-to-day pressures and inadequate IT infrastructure. NHS leaders are calling for a step-change in support to drive the digital revolution, including long-term, sustainable, strategic investment so that they can make the most of new technology.

‘Digital downsides’: a discussion document. While this report acknowledges the benefits of digital technologies in health and care services, it focuses on the risks and challenges such technologies can bring. Some of the downsides identified include making care more transactional, digital exclusion, 'blaming' individuals, making evidence-based medicine harder, and the cost, which may take away from spending on physical infrastructure.

A guide to business cases for digital projects. As part of the NHS governance structure, a robust, well-evidenced business case demonstrates the potential of a new idea to deliver real value across the whole health and care system, giving a digital tech innovation the best chance of being adopted by the NHS. This briefing looks at the structure of a good business case for digital investment projects.

If you wish to discuss any queries you may have around Digital Health please contact Daniel Morris.

Back to top 

Employment/HR  

Publications/guidance

Leading the NHS: proposals to regulate NHS managers. A consultation seeking your views on options for regulating NHS managers, and on the possibility of introducing a professional duty of candour for NHS managers.

The state of medical education and practice in the UK: workforce report 2024. This report highlights the changing nature of the country’s medical workforce. It finds that, UK-wide, the overall headcount of doctors rose in the past year at the fastest rate since the report began over a decade ago. But one group has been growing much faster than others – locally employed (LE) doctors. LE doctors are employed on local terms by trusts and health boards, rather than employed in formal postgraduate training programmes. The report argues that the roles are often poorly defined, with limited opportunities for career progression and training, and many LE doctors employed in short-term or non-permanent posts.

Retention: looking after the GPs of today to safeguard the workforce of tomorrow. This report explores the workforce challenges facing general practice in England, and highlights the pressing need to address the reasons why GPs are leaving the profession or reducing their contracted hours. 

News

New protections for whistleblowers under NHS manager proposals 

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, Oonagh Sharma, James Gutteridge or Andrew Uttley.

Back to top 

Finance  

Publications/guidance

The NHS productivity challenge: driving improvement through finance transformation. NHS finance and other corporate functions have a significant role to play in both contributing to improved finance productivity and in facilitating productivity gains across the NHS. This joint briefing with NHS Shared Business Services explores the impact that striving for greater productivity is likely to have on the NHS finance community. 

If you wish to discuss any finance issues generally please contact Claire Bentley. 

Back to top

Health Inequalities 

Publications/Guidance

Tackling health inequalities through English devolution. Published by the Centre for Local Economic Strategies (CLES) and The King’s Fund, and supported by the Health Foundation, this report sets out a bold vision for tackling health inequalities across England through devolution. The research explores the case for regional devolution as an effective approach towards narrowing health inequalities, and sets out key considerations for the government to push forward on this agenda. This includes: ensuring that economic growth acts to narrow rather than deepen health inequalities; enabling stronger joint working between local and regional government and ICSs to address health inequalities; and delivering a fairer funding deal for councils.

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 Julia Jones.

Back to top 

Independent Health 

Publications/Guidance

Evidence to Module 3 of the Covid-19 Public Inquiry relating to the use of the private hospital sector to support the pandemic response. This research was carried out with the aim of understanding the nature of the contractual relationship between the NHS and the private hospital sector during the first year of the pandemic, including the amount of public money spent on the contract. The report seeks to assess the role played by the private hospital sector in treating NHS patients at a time when many NHS hospitals were overwhelmed. 

For more information contact Tim Hodgetts or Julie Charlton 

Back to top 

Information sharing/data 

Publications/Guidance

Information standards for health and adult social care in England: consultation response. Following consultation on proposals for regulations to make provision about the procedure to be followed for the preparation and publication of information standards for health and adult social care in England under the Health and Social Care Act 2012 s.250, the Department of Health and Social Care plans to used the analysis of consultation responses to inform the drafting of the regulations and lay them before Parliament in spring 2025.

Data for people: principles and priorities for the collection, storage, sharing and use of data around care and support. The government has made improving data in care a core part of its programme for reform. This report draws on the experiences of those who draw on care and support, as well as family and friend carers. It contains 15 key principles and 6 actions relating to the collection, storage, sharing and use of data in care in England. It covers themes such as commitment to co-production, equity and inclusion, and trust and transparency.

Uniting the UK’s health data: a huge opportunity for society. Professor Cathie Sudlow was commissioned to lead this independent review by the Chief Medical Officer for England, NHS England’s National Director for Transformation, and the UK National Statistician. The review flags complexities and inefficiencies impeding the use of health data in the UK. It emphasises that health data should be seen as critical national infrastructure requiring careful leadership and vital investment. The review includes five recommendations that highlight the need to remove barriers, streamline processes, and enable safe and secure data use across the UK.

Knowledge is power: a survey of 2,000 UK adults using the Ipsos KnowledgePanel. The Patient Information Forum (PIF) and Ipsos have published new research into health information access across the UK. Knowledge is power offers new insights on information access, trusted sources, communication with health care professionals, and the impact of misinformation. The report is based on a cross-sectional, nationally representative survey of 2,003 adults in the UK from May to June 2024 using the Ipsos KnowledgePanel. It reveals the demand for the NHS to signpost trusted information, and wide support for the verification of health information. 

News

Lords to consider landmark reforms to mental health care 

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 issues around information or data please contact Jane Bennett

Back to top 

Inquests and Inquiries

Publications/Guidance

Medical certificate of cause of death (MCCD): guidance for medical practitioners. Guidance for medical practitioners completing a medical certificate of cause of death in England and Wales.

Baby's inquest finds serious hospital failures after family's £250k battle. 

If you wish to discuss any queries you may have around inquests, please contact Amanda Wright- Kluger or Claire Leonard.  

Back to top 

Integrated Care

Publications/Guidance

Principles for assessing and managing risks across integrated care systems. The National Quality Board provides guidance for assessing risks in complex health care scenarios. This document outlines principles for managing quality risks within integrated care systems, particularly in rapidly changing environments. It aims to support the delivery of safe, effective and personalised care while addressing inequalities across health services.

Unlocking prevention in integrated care systems. The NHS Confederation, in partnership with Newton and the Universities of Stirling and Southampton, undertook a project to explore what role integrated care systems can play in ‘unlocking’ the prevention agenda by overcoming persistent barriers to prevention, and to uncover best practice that exists across the country. This report makes several recommendations to government and national bodies to accelerate work on a national framework for measuring prevention spending, including an agreed definition and metric for preventive services (both NHS and local government spending) so a ‘left shift’ can be measured at national and local levels.  

If you wish to discuss any queries you may have around integrated care, please contact Claire Bentley

Back to top

Mental Health 

Publications/Guidance

Civil Justice Council publishes final report on the procedure to determine mental capacity in civil proceedings. The Civil Justice Council’s final report on the procedure for determining mental capacity in civil proceedings addresses how mental capacity is assessed and managed in civil proceedings. It provides detailed guidelines and recommendations on evaluating mental capacity with the aim of ensuring that individuals' rights and interests are protected while maintaining legal clarity and fairness.

Mental health inpatient settings: out-of-area placements. This report finds that patients experience harm with the continued use of out-of-area placements for their mental health inpatient care. It explores what drives the need for out-of-area placements, and the impact on patients and families when they are placed far from their homes.

The big mental health report 2024. This report brings together the latest evidence on the current state of the nation’s mental health and its mental health services, alongside insights from people with lived experience of mental health difficulties. It also takes a close look at how financial difficulties are impacting people’s mental health, the impact of stigma and discrimination, and the experiences of people living with severe mental illness.

Mental Health Bill: memorandum on European Convention on Human Rights. This memorandum addresses issues arising under the European Convention on Human Rights (ECHR) in relation to the Mental Health Bill, as introduced on 6 November 2024.

Mental Health Bill 2024: what you need to know. The measures introduced in the 2024 Mental Health Bill aim to give people greater control over their treatment and help ensure they receive the dignity and respect they deserve. This briefing gives a summary and analysis of the government manifesto commitment to modernise mental health legislation to give patients greater choice.

Mental Health Bill 2025: fact sheet. This document provides more information on the Mental Health Bill, which was introduced in the House of Lords on 6 November 2024.

Cases

Leicestershire Partnership NHS Trust v PQ. [2024] EWCOP 73 The court granted an application by an NHS Trust for authorisation to carry out a planned caesarean section in respect of a patient lacking capacity whose baby in utero had reached full term.

King's College Hospital NHS Foundation Trust v XY. [2024] EWCOP 68 The court granted declarations that a 54-year-old woman lacked capacity to make decisions concerning her medical care and treatment, and that it was in her best interests to withdraw life-sustaining treatment. The patient had suffered a catastrophic cardiac arrest six months previously and she had not improved or recovered.

Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) The court gave legal and practical guidance in the form of a checklist for hospitals seeking possession in relation to patients whose refusal to leave hospital might be affected by a mental health or mental capacity issues. In the instant case, it was proportionate to grant a possession order where the patient, who had diagnoses of autistic spectrum disorder and emotionally unstable personality disorder, had been medically fit for discharge from hospital, but had refused to leave for 18 months due to anxiety about her proposed placement.

NHS North Central London Integrated Care Board v XR and others (Withdrawal of Life Sustaining Treatment: Delay) [2024] EWCOP 66 (T3) Best interests decision concerning the medical treatment of a 62 year old man in a prolonged disorder of consciousness who is being cared for at the Royal Hospital for Neuro-disability.

ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462. Appeal against a finding that ZX lacks the capacity to engage in sexual relations.

AB (Withdrawal of Life-Sustaining Treatment: Delay) [2024] EWCOP 62 (T3). Application by North West London Integrated Care Board to determine whether it is in AB’s best interests for continuation of CANH.

Cardiff and Vale University Health Board v NN [2024] EWCOP 61 (T3). Application for declaration that NN lacked capacity to decide on termination of her pregnancy and that a termination was in her best interests. Also, a costs application by the OS arising from delays in making the application. 

News

Lords to consider landmark reforms to mental health care

AMHPs voice safety concerns over police withdrawal from mental health incidents 

Bevan Brittan Updates

Modernisation of Mental Health Law

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 or Hannah Taylor. 

Back to top

Prison Health 

Publications/Guidance 

Children in custody. HM Inspectorate of Prisons has published a review of the experiences of children living in young offender institutions and secure training centres in England and Wales in 2023-24. The report explores the characteristics of children in custody, safety, and issues relating to children on remand. Findings include: 15% of children felt unsafe at the time of the survey, compared to 7% in 2022-23; children spent most of their time locked in cells, with minimal exercise or human interaction; and there was often conflict and violence when children were able to mix.  

Health care provision in prisons: continuity of care. This report raises concerns over female prisoners' privacy and dignity after an investigation found that they are often taken to outpatient appointments by male prison officers. The finding came during a wider investigation exploring how prisons maintain continuity of care, both for internal (GP, dentist) and outpatient (hospital, specialist clinic) appointments.

If you wish to discuss any issues in prison health then please contact  Joanne Easterbrook.  

Back to top

Public Health 

Publications/Guidance 

DHSC Change NHS consultation. In response to a Department of Health and Social Care (DHSC) consultation on the future of the NHS, the Institute and Faculty of Actuaries recommends that the NHS: should have a more sophisticated approach to measuring and monitoring population health, and the financial risks associated with this, at both national and integrated care system levels, and that enhanced population health and financial risk frameworks should be developed; and should apply principles like the actuarial control cycle that create the conditions for a continually improving health and care system at both national and regional levels.

Planning for the end: a review of the quality of care provided to adult patients towards the end of life
Each year more than 600,000 people die in the UK and many of these deaths occur in hospital, despite the majority of people saying that they would prefer not to die there. Approximately 70% of people die from long-term health conditions that often follow a predictable course, with death anticipated well in advance of the event. The annual number of deaths in the UK is predicted to rise to 736,000 by mid-2035. Therefore, the provision of care at the end of life must meet the needs of the population. This review looks at the quality of care provided towards the end of life for adults with a diagnosis of dementia, heart failure, lung cancer or liver disease. 

If you wish to discuss any issues in public health then please contact Claire Bentley. 

Back to top

Social Care  

Publications/Guidance 

Ofsted annual report 2023/24: education, children’s services and skills. Ofsted has published its annual report for the academic year 2023 to 2024, looking at the areas it inspects including children’s social care in England. The report draws on evidence from inspections and findings from Ofsted’s research. The report finds that: the number of children’s homes registered with Ofsted has increased; many children are being placed in unregistered homes without regulatory oversight; and the number of children subject to court-imposed deprivation of liberty (DoL) orders has increased over the last couple of years.

Investigation into the NHS dental recovery plan. This report sets out information on the current delivery of NHS dentistry services and the development and progress of the plan for 2024-25. It does not seek to examine and report on the overall value for money of the programme, but we offer some reflections on what the government might want to consider as it develops its future plans for NHS dentistry. 

The LGA's submission to Change NHS. In its submission to the consultation on the 10-year plan for the health service, the Local Government Association (LGA) states that a standalone plan which prioritises and recognises the full value of adult social care is crucial to giving the Government's ambitions for the NHS the best chance of success. The LGA urges the Government to make adult social care a key part of its plans so that both the NHS and social care can deliver the best possible outcomes for people.

Earlier action and support: the case for prevention in adult social care and beyond. Prevention is a central feature of the government’s mission-led approach to national renewal. This joint publication (from the LGA, the Association of Directors of Adult Social Services (ADASS), the Social Care Institute for Excellence (SCIE), Mencap, Skills for Care, Think Local Act Personal, The Care Provider Alliance and Social Care Future) makes the case for a shift towards taking action and offering support earlier, so that more people can live the lives they want. 

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.

Back to top

General 

Publications/Guidance

The Terminally Ill Adults (End of Life) Bill 2024-25. The Terminally Ill Adults (End of Life) Bill 2024-25 had its second reading on 29 November 2024. This Library briefing provides an overview of the bill and key areas of debate.

Are intermediate care services stretched too thin? Insights from linked data in England, Scotland and Wales. Intermediate care refers to short-term care intended to maximise people’s independence. It aims to improve quality of life and reduce pressure on acute hospitals by preventing admissions and facilitating timely discharge from hospital. This briefing presents analysis from the Networked Data Lab (NDL). Led by The Health Foundation, the NDL is a network of five analytical teams across England, Scotland and Wales. These teams accessed, linked and analysed local data sources to explore access to and journeys through intermediate care services.

Tackling the impact of cancer on health, the economy and society. Cancer causes 1 in 4 premature deaths in OECD countries. It damages people’s quality of life, their ability to work, and their incomes. Cancer increases health expenditure and harms the economy through reduced labour force participation and productivity. The economic and social costs of cancer will grow as populations age and cancer treatment costs increase. This report demonstrates the strong economic and societal case for investing in cancer policies.

Life Sciences Healthcare Goals. Bringing together industry, academia, the third sector and the NHS to tackle healthcare challenges such as dementia, cancer, mental health, obesity and addiction.

Biggest ever conversation about the NHS comes to London. More than 100 people from across London came together to share their views on the NHS in the region.

Government acts to eradicate modern slavery from NHS. Proposed new measures would legally require public bodies procuring goods and services for the NHS to both identify and mitigate risks of modern slavery.

Independent investigation of the NHS in England. Lord Darzi’s report on the state of the National Health Service in England. 

If you would like to sign up for any of our Bevan Brittan publications click here.

Back to top 

Our use of cookies

We use necessary cookies to make our site work. We'd also like to set optional analytics cookies to help us improve it. We won't set optional cookies unless you enable them. Using this tool will set a cookie on your device to remember your preferences. For more detailed information about the cookies we use, see our Cookies page.

Necessary cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytics cookies

We'd like to set Google Analytics cookies to help us to improve our website by collection and reporting information on how you use it. The cookies collect information in a way that does not directly identify anyone.
For more information on how these cookies work, please see our Cookies page.