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News round-up

Claim against NHS speech and language therapists fails

In May 2008 judgment was handed down in a landmark case involving NHS speech and language therapists.  Amelia Newbold and Lorna Hardman, who successfully defended the NHS bodies in the case, explain why the claim failed.

 

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Surveillance of claimants

The Regulation of Investigatory Powers Act 2000 and the Human Rights Act 1998 restricted public bodies in their ability to carry out covert surveillance of claimants thought to be exaggerating their symptoms.  Adrian Shardlow reviews the law on this topic.

 

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Are failed asylum seekers entitled to free healthcare?

A recent High Court decision means that Trusts can no longer charge failed asylum seekers for healthcare. Louise Barlow and Lorna Hardman consider the implications of the ruling. The Department of Health is said to be considering an appeal – we will keep you posted.

 

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VAT and car parking

The European Court is has been considering whether the EU VAT Directive obliges public bodies to charge VAT on car parking. At the time of publishing this Healthcare Update it is understood that a judgement is expected very shortly and we will bring you news of this as soon as we can. Here is our bulletin in which Carole Ayre, Ian Long and Paul Giles discussed the possible impact of a ruling.

 

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Sex discrimination

Amendments to the Sex Discrimination Act 1975 came into force on 6 April 2008, including a revised definition of harassment and the imposition of liability on an employer if it fails to take reasonable steps to prevent an employee from harassment by a third party. Edward Benson discusses the changes.

 

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Corporate manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force in April 2008. Andy Hopkins reminds healthcare organisations of their obligations under the new legislation. See also Andy’s follow-up Q & A article in this edition of Healthcare Update.

 

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The Coroners Bill

The Government has published revisions to its Coroners Bill and has announced its intention that the Bill should become law as soon as possible. Lorna Hardman examines the changes which will have the most impact on healthcare providers.

 

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