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Tania Richards
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New statutory guidance requires NHS trusts and NHS foundations trusts in England to ensure ‘scrutiny’ of deaths of health service and adult social care staff from the coronavirus. These Directions came into force on 3 July 2020 and require deaths which have been reported to NHS England/Improvement and the Department... Continue reading
A third notice was issued on 29 June by the Secretary of State for Education to modify the duty relating to education, health and care ( EHC) plans during the coronavirus pandemic. This third notice applies from 1 July to 31 July 2020. The modification of the section 42 duty... Continue reading
The Human Fertilisation and Embryology Authority has just published statistics for 2018 in its Fertility Treatment 2018: Trends and Figures. An annual publication, the data compilation considers IVF birth rates in relation to patient age, number of cycles, and single and multiple embryo transfer, as well as levels of NHS... Continue reading
The launch of this consultation is timely. Leicester is set to see an extended lockdown to contain the spread of the virus. But could this have been better managed? Reports in the FT suggest that a delay in sharing Covid-19 test data delayed the city’s response. The National Data Guardian... Continue reading
In a clutch of recent Ordinary Residence Determinations, the Secretary of State has managed to put the cat well and truly amongst the pigeons by resiling from the Government’s own statutory guidance on the issue of which local authority is responsible for commissioning section 117 aftercare services for those who... Continue reading
Posted Jun 30, 2020 at Mills & Reeve: Health and Care Update
The recent case of Re KL (2020) concerned a young lady known as K who required treatment for cervical cancer. She was found to have the ability to understand some of the concepts surrounding her treatment decisions but was unable to retain them sufficiently well to be able to weigh... Continue reading
Posted Jun 30, 2020 at Mills & Reeve: Health and Care Update
Stuart Knowles shares a few pointers for health and care organisations to consider when operating remote video consultations between clinician and patient. The Covid-19 black swan event has brought into sharp focus the technical and regulatory challenges of practising during a pandemic with healthcare professionals being asked to triage and... Continue reading
Posted Jun 29, 2020 at Mills & Reeve: Health and Care Update
Changes to the way the First-tier Tribunal lists hearings in relation to applications by patients detained under section 2 Mental Health Act. Since the start of the Tribunal Procedure Committee’s (TPC) consultation in February the country has entered a period of lockdown due to the pandemic – that could not... Continue reading
Posted Jun 29, 2020 at Mills & Reeve: Health and Care Update
As we journey back to normality it is important that data protection professionals working in health and social care organisations continue to ensure patients’ data is handled with care. The Information Commissioner’s Office has taken the opportunity to remind organisations of the resources available on the coronavirus information hub on... Continue reading
Posted Jun 24, 2020 at Mills & Reeve: Health and Care Update
Regulating during COVID. CQC's second insight report. The health and care regulator is to kick-start its routine inspections across England in the autumn with inspectors now scheduling inspections of higher risk services to take place over the summer. While the CQC paused its inspections in March it continued to inspect... Continue reading
Posted Jun 23, 2020 at Mills & Reeve: Health and Care Update
The Cabinet office has published a further PPN: 04/20 on supplier relief during the pandemic. It builds on the provisions contained in PPN: 02/20 and sets out guidance for authorities developing transition plans to move away from the contractual relief provisions agreed at the start of the crisis. Shailee Howard... Continue reading
Posted Jun 19, 2020 at Mills & Reeve: Health and Care Update
Following the recent announcements of a new EU4Health Programme, and publication of a Roadmap on timely patient access to affordable medicines, the EU Commission has now launched a far-reaching consultation on its plans for a Pharmaceutical Strategy for Europe. Some of the challenges brought into sharp focus by the COVID-19... Continue reading
Posted Jun 19, 2020 at Mills & Reeve: Health and Care Update
Mills & Reeve Health Procurement Portal We know that NHS procurement teams up and down the country have been put under enormous pressure during the health crisis posed by the coronavirus pandemic. Supporting your teams has never been more important. Our recently relaunched Health Procurement Portal provides procurement professionals with... Continue reading
Posted Jun 18, 2020 at Mills & Reeve: Health and Care Update
Chief Coroner’s Guidance No. 38: Remote participation in Coronial proceedings via video and audio broadcast Twelve weeks into the brave new world of working, the Chief Coroner has issued guidelines designed to help coroners conduct hearings with physical distancing in mind. One can’t help thinking we are missing an opportunity... Continue reading
Posted Jun 17, 2020 at Mills & Reeve: Health and Care Update
Might the Human Rights Act apply where patients are discharged into care homes with ‘Covid-19’? What did the state know or ought to have known? R (Maguire) v HM Senior Coroner for Blackpool & Flyde and others Key point The state might breach its operational duty in two "very exceptional... Continue reading
Posted Jun 15, 2020 at Mills & Reeve: Health and Care Update
A treasure trove of information for inquest practitioners. The annual data on deaths reported to coroners was published on 20 May. This report presents statistics for the period January to December 2019 and so, does not include COVID-19 deaths: this data will fall to be included in next year’s statistic... Continue reading
Posted Jun 11, 2020 at Mills & Reeve: Health and Care Update
Health and social care providers must review CQC registrations to ensure they remain compliant with regulatory requirements. A provider of health or social care services must only carry on regulated activity if it is registered with CQC. Carrying on regulated activity otherwise is a criminal offence. The coronavirus pandemic has... Continue reading
Posted Jun 10, 2020 at Mills & Reeve: Health and Care Update
On 25 May I wrote a blog on the Vice President’s key messages on how The Court of Protection must not be placed in ‘lockdown’ which can be read here. As a follow up to that blog, I wanted to let you know that the Department of Health and Social... Continue reading
Posted Jun 10, 2020 at Mills & Reeve: Health and Care Update
The guidance from NHSE/I has been updated, addressing a number of key points that will be of interest to commissioners of care, providers, health care professionals, Approved Mental Health Professionals, local authorities and other partner organisations, including the police and prisons involved in caring for people with mental health needs,... Continue reading
For those involved in contract drafting, getting the basics right is key. Boiler plates and dispute resolution clauses are often the last items in the box to be looked at. But getting the dispute resolution clause right is vital to effective contract management especially as we enter a new dawn... Continue reading
NHS England/Improvement’s updated guidance on the impact of COVID-19 on the use of the Mental Health Act and supporting systems recognises that the requirements of social distancing and personal protective equipment during the pandemic introduces a number of barriers to MHA assessments. The guidance dedicates an entire section to the... Continue reading
The Coronavirus Act 2020 introduced some significant health and care related measures, but not all of them came into force immediately. The Government has published its first two-monthly report on which powers in the Act are currently active – and will report on this every two months going forward. The... Continue reading
On 15 May 2020 the Court of Appeal ruled in the case of ZXC v BLOOMBERG that individuals who come under suspicion of having committed a criminal offence had, in general, a reasonable and objectively founded expectation of privacy in relation to that fact and their involvement in that criminal... Continue reading
Government faces legal challenge over emergency SEND powers. On 6 May I wrote a blog on this issue which you can read here. In that post, I made reference to the possibility of legal challenge to what was then being referred to as the “Coronavirus Exemption”. It is understood that... Continue reading
You might recall our recent observations on the risk to employers and others when staff on the front line succumb to coronavirus. It is inevitable that comparisons will be drawn between the approach adopted in the devolved nations to the way COVID-19 deaths will be investigated. The differences between the... Continue reading