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health newsletter - October 2018

31 October 2018

Welcome to the latest edition of our health newsletter, in which we bring you a round-up of the latest regulations and news affecting your sector. If you need any additional advice or information on any of the topics covered in this newsletter, please do not hesitate to contact one of our health team.

The Liberty Protection Safeguards - huge new responsibility and cost for hospitals, CCGs and care homes

Deprivation of liberty and the application of Deprivation of Liberty Safeguards (DoLS) has been a huge challenge for the health and care sector. 

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The new model constitution for clinical commissioning groups 

On 7 September, NHS England published a new model constitution for clinical commissioning groups (CCGs), together with FAQs and supporting notes.

Find out more 

Watch out for the new data protection fees 

The Data Protection (Charges and Information) Regulations 2018 requires data controllers to pay a ‘data protection fee’ (unless they are exempt).

Find out more 

Employment: Doctors Restrictions and Exclusions under MHPS

High Court intervenes and grants injunctions in two separate cases involving Cardiologists where the employing Trust in one case had imposed continuing restrictions on practice.

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Top tips for addressing allegations against staff in child care proceedings

Clinical professionals will be used to looking out for and making appropriate referrals when they spot signs of child abuse and neglect.

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Automatic suspension remains in place in procurement challenge over integration contract

On 17 October 2018, the High Court refused to lift the automatic suspension which has precluded NHS Surrey Downs CCG from awarding an Integration Contract to its preferred provider following a legal challenge under the Public Contracts Regulations 2015.

Find out more 

Continuing Healthcare - a new Framework, but some same old problems...

Since 1 October 2018, CCGs have been required to adopt a new National Framework for NHS Continuing Healthcare (CHC) and NHS-funded Nursing Care (published on 1 March 2018), replacing the previous 2012 version. 

Find out more 

Assaults on Emergency Workers (Offences) Act 2018

The Act makes changes to offences committed against emergency workers and persons assisting emergency workers, in particular with regards to sentencing powers available to the court. 

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Letter of Apology, a cautionary tale: "extremely misleading" letter issued prior to conclusion of inquest

An NHS body anticipating criticism at Inquest may decide to issue a Letter of Apology before, during or after the Inquest. 

Find out more 

Mental health, capacity and deprivation of liberty case law update - September 2018

In this video Ben Troke looks at some of the most recent leading cases in relation to the Mental Capacity Act and Deprivation of Liberty.

Find out more 

training and events

2May

HPMA North West – handling whistle-blowing concerns and preventing problems Manchester office

HPMA North West in conjunction with Browne Jacobson LLP are offering a practical half day session on handling whistleblowing concerns and preventing problems from an HR, legal and regulatory perspective.

View event

10May

HPMA West Midlands - handling whistle-blowing concerns and preventing problems Birmingham office

HPMA West Midlands in conjunction with Browne Jacobson LLP are offering a practical half day session on handling whistleblowing concerns and preventing problems from an HR, legal and regulatory perspective.

View event

focus on...

Mental health, capacity and deprivation of liberty case law update - February 2019

In this video, Rebecca Fitzpatrick looks at some of the most leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community.

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Hear from Carl May-Smith providing a CQC and health & care regulatory update - February 2019

Carl May-Smith will look at some of the most recent developments relating to the CQC and other areas of regulation affecting health & care providers.

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Upcoming webinars

Care Quality Commission and health and care regulatory update

Carl May-Smith will look at some of the most recent developments relating to the CQC and other areas of regulation affecting health & care providers.

View

Legal updates

Maternity matters - the ongoing journey to achieve safer care

2019 is set to be another significant year for NHS Trusts seeking to make improvements in maternity care and help realise the national maternity ambition to reduce by half the number of stillbirths, maternal and neonatal deaths and brain injuries that occur during or soon after birth by 2025.

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The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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