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Update to DHSC guidance on implementing the overseas visitors charging regulations
Just in case you missed the update which snuck itself over the finish line (but somewhat under the radar) on Christmas Eve, a quick New Year’s reminder that the Department has updated the Guidance on implementing the overseas visitor charging regulations. “What – again?!” I hear you cry. Rest easy.... Continue reading
Posted Jan 2, 2019 at Mills & Reeve: Health and Care Update
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Court of Appeal case provides further clarity on the Mental Health Act 1983 and the interplay between s.117 after care and s.17 leave of absence.
On 20 December 2018, the Court of Appeal handed down judgment in CXF (acting by his mother and litigation friend) v. Central Bedfordshire Council and NHS North Norfolk Clinical Commissioning Group. Background The applicant, CXF, was an adult male with an autistic spectrum disorder and severe learning difficulties, detained under... Continue reading
Posted Dec 31, 2018 at Mills & Reeve: Health and Care Update
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Guidance for those involved in Family Court proceedings
A new guide for paediatricians as expert witnesses in Family Courts has been produced by the Family Justice Council and the Royal College of Paediatrics and Child Health. The guide should be used alongside the generic expert witness standards set out in Part 25 of the Family Procedure Rules. Whilst... Continue reading
Posted Aug 22, 2018 at Mills & Reeve: Health and Care Update
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HSIB to HSSIB – Patient Safety Investigations
Readers will recall the proposed developments to the Healthcare Safety Investigation Branch referred to in our earlier blogs. The joint House of Lords and House of Commons Committee on the draft Health Service Safety Investigations Bill published their report: Draft Health Service Safety Investigations Bill: A new capability for investigating... Continue reading
Posted Aug 9, 2018 at Mills & Reeve: Health and Care Update
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Parliamentary and Health Service Ombudsman on the end of a review themselves!
On 22 October the Administrative Court handed down judgment in the case of Dr Miller and Dr Howarth v Parliamentary Health Service Ombudsman. They sought judicial review of a PHSO report which upheld a complaint made by a Mrs Pollard about the medical treatment provided to her late husband. They... Continue reading
Posted Nov 3, 2015 at Mills & Reeve: Health and Care Update
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Online Pharmacy fined for selling customer data
The online pharmacy company, Pharmacy2U has been fined £130,000 by the Information Commissioner for selling customer data of more than 20,000 customers to a marketing company without their consent. The ICO said that Pharmacy2U offered the customer names and addresses for sale through an online marketing list company. This is... Continue reading
Posted Oct 22, 2015 at Mills & Reeve: Health and Care Update
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President provides checklist for DOLS in mental health context
The President of the Upper Tier Tribunal, Mr Justice Charles, has provided a ‘checklist’ of points for the First Tier Tribunals to consider when deciding whether to discharge a patient on a Community Treatment Order (CTO) which might involve deprivation of liberty. Following on from his judgment in Secretary of... Continue reading
Posted Oct 22, 2015 at Mills & Reeve: Health and Care Update
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Plan well, die well: The case for advance care planning
Compassion in Dying have recently published this report demonstrating the importance of advance care planning so as to ensure patient centred care at the end of life. They identify three barriers and make recommendations in respect of those. A survey they conducted apparently revealed that eight per cent of doctors... Continue reading
Posted Oct 22, 2015 at Mills & Reeve: Health and Care Update
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Care Quality Commission annual report: Observations on candour, investigations and DOLS
On 15 October 2015 CQC published their 2014/15 report. It is divided into two parts. The first part (pages 10 – 53) covers the state of care and the second (pages 54 – 116) looks at sectors in more detail. This is a wide-ranging report but we wanted to draw... Continue reading
Posted Oct 22, 2015 at Mills & Reeve: Health and Care Update
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Information sharing in the NHS: Overseas charging and notifications to the Home Office
The Court of Appeal’s decision in W, X, Y and Z v Secretary of State for Health, Secretary of State for the Home Department and British Medical Association puts beyond doubt overseas charging and notifications to the Home Office. We know that clients often grapple with this topic but hopefully... Continue reading
Posted Oct 21, 2015 at Mills & Reeve: Health and Care Update
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Judge upholds wishes and feelings of a person who lacked capacity
To date judges have generally approved life sustaining treatment in cases where patients have lacked capacity. However, the decision of Mr Justice Jackson in the case of Wye Valley NHS Trust v Mr B provides some useful guidelines for those making difficult treatment decisions in relation to those who lack... Continue reading
Posted Oct 21, 2015 at Mills & Reeve: Health and Care Update
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Court of Protection judge clarifies the Re X procedure for authorising a deprivation of liberty
Following the Court of Protection’s decision in Re NRA the Re X procedure has been modified and is now back on track after the Court of Appeal’s decision in Re X earlier this year. Read full article. Samuel Lindsay, Associate Continue reading
Posted Oct 21, 2015 at Mills & Reeve: Health and Care Update
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Annual report on DOLS published by Health and Social Care Information Centre
The HSCIC’s report published on 29 September 2015 reveals figures for Deprivation of Liberty Safeguards. The executive summary lists the key findings at page five. The report reveals the following: 137,540 DOLS applications were received by Councils from 1 April 2014 – 31 March 2015 A tenfold increase from the... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Inquests and the press: A quick update
Two inquests reported in the press recently have confirmed the principle that, whatever the jurisdictional overlap, the Coroner’s statutory duty to hold a public inquest cannot be easily overruled. On 5 October 2015 Assistant Coroner for Nottinghamshire, Andrew McNamara, handed down a judgment in which he declined to make a... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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What is the relationship between the functions and powers under the MHA in respect of guardianship and those under the MCA in respect of DOLS?
There have been a spate of cases over the past few months on DOLS which we have written on already: P v Surrey County Council and Surrey Downs CCG and Secretary of State for Justice v KC and C Partnership NHS Foundation Trust. Another case has considered the interaction between... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Your chance to have your say on the National Framework for Children and Young People’s Continuing Care
The Department of Health is consulting on the revised National Framework for Children and Young People’s Continuing Care. The existing 2010 framework assists CCGs and other professionals assess the care required for children and young people with health needs which cannot be met by routinely commissioned or specialised services. The... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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On-call night worker not entitled to NMW for time asleep
A necessary part of some healthcare workers’ roles is to be on-call during the night, but it is not always clear how this time should be treated for National Minimum Wage (NMW) purposes. The latest EAT decision on this topic decided that time a worker spent on-call overnight need not... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Yet more on candour
Almost a year after the introduction of the statutory duty of candour for health service bodies and nearly four months after the General Medical Council and Nursing and Midwifery Council published their guidance on the professional duty of candour the General Dental Council are now consulting on their draft candour... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Government calls for evidence into people’s experiences of coroner services
Now that the reforms to the coronial system have had a chance to bed in the Ministry of Justice are running a consultation exercise to obtain feedback. The consultation runs from 15 October to 10 December 2015. The aims of the 2009 Act were to put the needs of bereaved... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Judge decides that NHS Trust should be given permission to operate on a child’s rare cancer against the parents’ wishes
In the case of Re JM (A Child) the judge overruled the parents’ wishes to treat an aggressive cancer with Chinese herbal medicine. The case concerned an application by a NHS trust who sought permission to perform urgent and significant surgery on J, a ten year old child. J was... Continue reading
Posted Oct 20, 2015 at Mills & Reeve: Health and Care Update
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Court of Protection provides guidance on the role of supervisory bodies in a deprivation of liberty authorisation
The Court of Protection has recently provided guidance on the role of local authorities as supervisory bodies in respect of authorising a deprivation of liberty in the case of P v Surrey County Council and Surrey Downs Clinical Commissioning Group. This case also provides a timely reminder to both providers... Continue reading
Posted Oct 13, 2015 at Mills & Reeve: Health and Care Update
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Exit payments ban to go forward with minor tweaks
The Government has now finalised its proposals for imposing a limit of £95,000 on exit payments in the public sector. Its response to consultation, published last month after a short consultation period, suggests that only minor modifications will be made to the original proposals (see our article for more details... Continue reading
Posted Oct 12, 2015 at Mills & Reeve: Health and Care Update
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