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Tania Richards
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Government’s response to the Coroner Service Inquiry
The Government remains committed to its aims of putting bereaved people at the heart of the inquest and to ensuring that the inquest process is as sensitive as possible to their needs. The House of Commons Justice Committee has recently published the Government’s response to their inquiry report on the... Continue reading
Posted Sep 30, 2021 at Mills & Reeve: Health and Care Update
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Get ready for our new look blog!
On Monday 11 October Health and care update will be moving over to the Mills & Reeve website alongside nine other blogs to further enhance our ever expanding legal insights section, also containing legal briefings, news, webinars and events. The newly named Health and care blog will continue to publish... Continue reading
Posted Sep 29, 2021 at Mills & Reeve: Health and Care Update
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Court of Appeal re-affirms ‘Gillick competence’ in GIDS judicial review
The Tavistock and Portman NHS Foundation Trust, which leads the national Gender Identity and Development Service (GIDS), has successfully appealed the High Court’s decision on the ability of children and young people to consent to puberty-blocking treatment. The Tavistock and Portman’s appeal raised important issues around the treatment of young... Continue reading
Posted Sep 22, 2021 at Mills & Reeve: Health and Care Update
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Vaccine exemption guidance
With today (16 September) marking the last day for staff working in CQC registered care homes in England to have their first vaccine if they want to be fully vaccinated by 11 November, the Department of Health and Social Care has published details on the medical exemptions process, which explains... Continue reading
Posted Sep 16, 2021 at Mills & Reeve: Health and Care Update
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NHSX outlines new digital guidelines for NHS trusts
The What Good Looks Like (WGLL) framework sets out NHSX’s flagship programme to create a clear vision for good digital practice across health and care that supports Integrated Care Systems (ICSs) and organisations to level up – the ‘North Star’ for NHS Leaders embarking on digital transformation regardless of where... Continue reading
Posted Sep 16, 2021 at Mills & Reeve: Health and Care Update
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NHSX sets out new Information Governance Framework on Shared Care Records
NHSX’s framework on Shared Care Records (ShCRs) is for Information Governance professionals (IG), designed to provide a structured approach to ensure ShCRs meet their legal obligations. This includes when they are planning, preparing and delivering data sharing. The aim of ShCRs is to support organisations move from today’s position, where... Continue reading
Posted Sep 16, 2021 at Mills & Reeve: Health and Care Update
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The Court of Protection and serious medical treatment cases
The case of AH is the third case Mr Justice Hayden has decided involving treatment withdrawal in the context of Covid-19. AH is considered “the most complex Covid patient in the world” by both national and international case studies. AH is 56 years of age and has been an inpatient... Continue reading
Posted Sep 14, 2021 at Mills & Reeve: Health and Care Update
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Updated guidance on ordinary residence disputes
Regular readers who have been following the ping pong of the section 117 ordinary residence disputes between Worcestershire and Swindon may be interested to know that the Department of Health and Social Care published updated statutory guidance on 27 August 2021. The guidance confirms that the Court of Appeal has... Continue reading
Posted Sep 14, 2021 at Mills & Reeve: Health and Care Update
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Inquests, expert reports and litigation privilege
In the matter of an application for Judicial Review by Linda Kercher and Carol Mitchell [2020] NICA 31 The first thing to say is that this decision of the Court of Appeal in Northern Ireland does not bind the courts in England and Wales but may be persuasive should the... Continue reading
Posted Sep 14, 2021 at Mills & Reeve: Health and Care Update
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Levelling the playing field on vaccinations in the wider health and care sector
A consultation has been launched on extending mandatory vaccination requirements beyond care homes to other health and care settings for Covid-19 but also for flu. The consultation is open for six weeks, closing on 22 October 2021. The consultation proposes that the new requirements would apply to frontline health and... Continue reading
Posted Sep 14, 2021 at Mills & Reeve: Health and Care Update
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Judicial review challenge of mandatory vaccinations in care homes
As many commentators predicted, a judicial review challenge is shortly to be launched challenging the new Regulations (The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021), which come into force from 11 November 2021 requiring registered care home operators in England to ensure that staff are... Continue reading
Posted Sep 7, 2021 at Mills & Reeve: Health and Care Update
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Update: Better Care Fund policy in 2021/2022
The recently outlined Better Care Fund policy framework sets out the conditions and funding for the BCF in 2021 to 2022. It is one of the Government’s national vehicles for driving health and social care integration, requiring clinical commissioning groups (CCGs) and local government to agree a joint plan, owned... Continue reading
Posted Sep 7, 2021 at Mills & Reeve: Health and Care Update
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System oversight in the new Integrated Care Systems
Ahead of the Health and Care Bill entering Committee stage on Tuesday 7 September we discuss the future role of the Care Quality Commission in regulating ICSs – an issue that has yet to be clarified. Health leaders have broadly welcomed the Bill and the updates to legislation necessary to... Continue reading
Posted Aug 26, 2021 at Mills & Reeve: Health and Care Update
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New guidance on vaccination rules for NHS staff fulfilling an NHS-funded service in a care home
With less than 11 weeks left before new government regulations come into force on 11 November 2021 requiring care home staff and visiting professionals entering a CQC registered care home to be fully vaccinated against Covid-19, unless they have a specified exemption, NHS England and NHS Improvement have published (20... Continue reading
Posted Aug 25, 2021 at Mills & Reeve: Health and Care Update
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Supporting the transition to statutory ICSs
NHS England and NHS Improvement (NHSE/I) has published a flotilla of guidance documents designed to support Integrated Care System leadership teams establish integrated care boards by 1 April 2022. The interim guidance aims to provide as much clarity as possible to support ICS teams with managing the transition in time... Continue reading
Posted Aug 24, 2021 at Mills & Reeve: Health and Care Update
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Adieu Covid-19 guidance for those looking after people who lack mental capacity
Last week (10 August 2021) the Department of Health and Social Care withdrew its emergency Covid-19 guidance on the Mental Capacity Act 2005 and deprivation of liberty safeguards. The Department’s announcement states: “This emergency guidance will no longer be updated. The care and treatment of people who may lack the... Continue reading
Posted Aug 19, 2021 at Mills & Reeve: Health and Care Update
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Court of Protection accepts that Covid-19 booster vaccine would represent "overreach" to sanction at this time
The latest judgment concerning Covid-19 vaccination in the Court of Protection has been published. The application concerned AD, a man in his thirties, living in supported living with a 24/7 package of care commissioned by a local authority rather than the applicant CCG. AD has a diagnoses of moderate LD,... Continue reading
Posted Aug 19, 2021 at Mills & Reeve: Health and Care Update
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Updated: Code of Practice on managing health and care records
NHSX’s Records Management Code of Practice 2021 (4 August 2021) provides guidance on how to keep health and care records, including how long to keep different types of records. It is essential reading for organisations working within the NHS or under contract to the NHS in England as well as... Continue reading
Posted Aug 19, 2021 at Mills & Reeve: Health and Care Update
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New Liberty Protection Safeguards factsheet: young people and responsible bodies
The Department of Health and Social Care’s latest factsheet on young people and responsible bodies is the eleventh factsheet published on the new Liberty Protection Safeguards (LPS) system, which will be replacing the Deprivation of Liberty Safeguards. You can read our blog on the previously published factsheets here. The new... Continue reading
Posted Aug 12, 2021 at Mills & Reeve: Health and Care Update
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New lower procurement threshold for NHS Foundation Trusts and NHS England in force from 16 August 2021
A new Schedule 1 to the Public Contracts Regulations (PCRs) 2015 has been published and comes into force on 16 August 2021. The new schedule applies to NHS Foundation Trusts and NHS England who will need to apply lower procurement threshold for the application of the PCRs 2015 to the... Continue reading
Posted Aug 12, 2021 at Mills & Reeve: Health and Care Update
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Appointment of ICS chairs and designate Integrated Care Board chairs fully underway
NHS England’s announcement that 25 Integrated Care Board chairs have been appointed to the 42 Integrated Care Systems across the country is a key element in the roadmap of ICS transition to statutory status by April 2022. ICS leaders will have responsibility for the future of the health and care... Continue reading
Posted Aug 11, 2021 at Mills & Reeve: Health and Care Update
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Integrated Care Boards are the spiritual and functional successors of CCGs
Rob Day discusses the successors of Clinical Commissioning Groups and the CCG’s role in forming the new Integrated Care Boards in the second of a series of articles on the new Health and Care Bill. You can read Rob's article here. Continue reading
Posted Aug 9, 2021 at Mills & Reeve: Health and Care Update
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Integrated Care Systems and the Life Sciences Vision
Life sciences teams will be keen to engage with the NHS and its Integrated Care Systems as the recently published Life Sciences Vision explains that the Health and Care Bill creates specific duties for ICSs in England to promote and support research. The Bill’s explanatory notes provide that each Integrated... Continue reading
Posted Aug 9, 2021 at Mills & Reeve: Health and Care Update
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Mandatory vaccinations in care homes: implementation support outlined
Essential reading for care home operators preparing for mandatory vaccinations rules The DHSC published on 4 August 2021 its operational guidance to support the implementation of the new regulations making vaccinations mandatory in CQC registered care homes in England. It provides some helpful clarity on the steps care home managers... Continue reading
Posted Aug 6, 2021 at Mills & Reeve: Health and Care Update
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Building resilience in the health and medical business arena
We live and work in a world which is facing more change than perhaps ever faced before, leading to the proliferation of phrases such as the new normal; flexibility; adaptability and agility. Regardless of the words we use to describe it, what we are all referring to is the need... Continue reading
Posted Aug 5, 2021 at Mills & Reeve: Health and Care Update
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