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Tania Richards
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The Cabinet Office has published PPN 01/21 which will be of interest to organisations responding to the coronavirus pandemic. PPN 01/21 is a helpful summary of the options available for emergency procurement. No doubt in response to the National Audit Office report on Covid procurement strategy, it contains guidance that... Continue reading
In our series on the NHS White Paper, we have covered a number of the key legislative proposals for a Health and Care Bill outlined in the Department of Health and Social Care’s Integration and Innovation: working together to improve health and social care for all. In this latest post,... Continue reading
Continuing with our commentary on the NHS White Paper, Rhian Vandrill considers the ICS proposals and highlights six standout issues in a recent article. You can read the article here. Continue reading
Next in our series of blogs on the NHS White Paper we review new proposals on safety and quality. Annex A of the White Paper sets out four themes one of which is called (rather uninspiringly and without giving much away) “Additional Proposals”. This contains some 14 proposals relating to... Continue reading
This next in our series of blogs on the NHS White Paper we focus on the new proposals around discharging patients. The Government state (under theme four: Social care) that they will bring forward measures to update approaches to hospital discharge to help facilitate smooth discharge, by putting in place... Continue reading
In the first of series of blogs on the NHS White Paper, we consider the new proposals for service reconfigurations. Under theme three: Ensuring accountability and enhancing public confidence of the Department of Health and Social Care's White Paper, you will find proposals on reconfigurations. Always a controversial topic! As... Continue reading
This next in our series of blogs on the White Paper focuses on CTOs. We are told that these are to be reformed so that: they can only be used where there is a strong justification; they are to be reviewed more frequently; they are to be reviewed by more... Continue reading
In this our fourth blog on Reforming the Mental Health Act White Paper, here we look at some of the proposals around treatment. Radical changes to the Act’s provisions are set out. Proposals relate to: Advance Choice Documents Statutory Care and Treatment Plans A Revised Part IV Advance Choice Documents... Continue reading
Posted Feb 25, 2021 at Mills & Reeve: Health and Care Update
The European Commission has now published draft data adequacy decisions for transfers of personal data to the UK, under the General Data Protection Regulation and the Law Enforcement Directive. This is hugely welcome news, as it will provide certainty and allow data to continue to flow between the EU and... Continue reading
Posted Feb 24, 2021 at Mills & Reeve: Health and Care Update
In a new Court of Protection decision, the second on the issue of Covid-19 vaccinations, Mr Justice Hayden returns to the subject to provide a reminder of the importance of upholding a person’s wishes and feelings – and also, the need to bring matters to the court ‘expeditiously’, if the... Continue reading
Posted Feb 24, 2021 at Mills & Reeve: Health and Care Update
A recent case highlights the financial consequences of a local authority failing to process a deprivation of liberty authorisation (DoL) in a timely manner. The case was highlighted by the Mental Health Law Online website as it does not appear on Bailii. The decision in London Borough of Haringey v... Continue reading
Posted Feb 18, 2021 at Mills & Reeve: Health and Care Update
Public Policy Projects in their latest report, State of the Nation: Digitisation and Medical Technologies calls on the Government to place digital innovation at the core of its new reforms published in its White Paper last week. The report has been produced in partnership with Novartis, Cerner, Cloudgateway, Siemens Healthineers,... Continue reading
Posted Feb 17, 2021 at Mills & Reeve: Health and Care Update
Since the coronavirus pandemic, the Office of the Public Guardian report that there have been many urgent requests to search the database in respect of people who have lost mental capacity. The OPG holds a register of everyone who has a lasting or enduring power of attorney (LPA and EPA),... Continue reading
Posted Feb 17, 2021 at Mills & Reeve: Health and Care Update
The Treasury has issued a Direction which disapplies the Regulations which introduced a cap on public sector exit payments in November last year (see our earlier blog here). That means that the cap ceased to apply from 12 February, pending revocation of the Regulations. It also means that the exit... Continue reading
Posted Feb 15, 2021 at Mills & Reeve: Health and Care Update
In Re TA (Recording of hearings; Communication with Court office), the Court of Protection recently made an injunction to restrain P’s son, TA, from communicating with the court office by e-mail and telephone. The court recognised that this was an “exceptional” order but one that was “entirely justified” by the... Continue reading
Posted Feb 15, 2021 at Mills & Reeve: Health and Care Update
In 2018, the Independent Review of the Mental Health published their final report which included over 150 recommendations to help modernise the Act, address the rising number of detentions and the disparity in use of the Act on people from BAME backgrounds. The government have accepted the majority of the... Continue reading
Posted Feb 11, 2021 at Mills & Reeve: Health and Care Update
In a recent decision, the Court of Protection granted a declaration that it was lawful and in the best interests of a mentally incapacitious person to be given anti-hypertensive medication covertly. It also reminded NHS Trusts not to delay applying to the court where P lacks capacity and is refusing... Continue reading
Posted Feb 10, 2021 at Mills & Reeve: Health and Care Update
A number of inequalities around access to mental health services have been identified showing that black people are over four times more likely to be detained than white British people and over ten times more likely to be subject to a Community Treatment Order (CTO) under the Mental Health Act... Continue reading
The recent White Paper on Reforming the Mental Health Act (MHA) makes a number of proposals, which will expand the powers of the Mental Health Tribunal (MHT). The plans mean it will play a key role in upholding the principles of reform ensuring the MHA is used: in the least... Continue reading
Following the decision in the Devon Partnership case concerning the lawfulness of virtual personal assessments required under the MHA, NHS England and DHSC guidance has now been amended to remove reference to examinations being undertaken virtually – personal examination means personal examination. The decision means that applications for detention under... Continue reading
Posted Jan 29, 2021 at Mills & Reeve: Health and Care Update
The Vice-President of the Court of Protection, Mr Justice Hayden has handed down judgment in what is being described as the first reported decision on the issue of the Covid-19 vaccine, capacity and best interests. The case concerned whether E, an octogenarian and a resident of a care home, should... Continue reading
Posted Jan 29, 2021 at Mills & Reeve: Health and Care Update
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The Department of Health and Social Care has updated its collection of factsheets on the Liberty Protection Safeguards (LPS) with the publication of a third factsheet on settings and responsible bodies. You can view the factsheet on the Department’s document collection page. The LPS contained in the Mental Capacity (Amendment)... Continue reading
Posted Jan 29, 2021 at Mills & Reeve: Health and Care Update
On 22 January, the High Court handed down judgment in what is being called the Devon Partnership case. Unusually, Devon Partnership NHS Trust had sought a declaration from the Court that remote assessments were lawful, following the publication of NHS England and DHSC guidance at the start of the pandemic... Continue reading
Posted Jan 26, 2021 at Mills & Reeve: Health and Care Update
You will be aware that on 14 January 2021 the Government published the White Paper Reforming the Mental Health Act. They also published a helpful summary document here as did NHS Providers. Part 1 of the White Paper sets out the proposals for reform of the Mental Health Act (MHA)... Continue reading
Posted Jan 25, 2021 at Mills & Reeve: Health and Care Update
The Tavistock and Portman NHS Foundation Trust, which leads the national Gender Identity and Development Service (GIDS), has been granted permission to appeal the High Court decision on the ability of children and young people to consent to puberty-blocking treatment. The High Court’s decision raises wide ranging implications for the... Continue reading
Posted Jan 22, 2021 at Mills & Reeve: Health and Care Update