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health newsletter - January 2019

25 January 2019

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.

Mental Health Act - a new age? 

Those with a keen eye on mental health law will have seen that Sir Simon Wessely’s full report on the Mental Health Act was published on 6 December 2018.

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Welsh Ministers v PJ [2018] UKSC 66

This Supreme Court case considered the interplay between Community Treatment Orders under the Mental Health Act 1983 and deprivation of liberty.

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Hertfordshire County Council v AB [2018] EWHC 3103 (Fam)

This case considered whether the High Court’s inherent jurisdiction can be used to authorise a deprivation of liberty of a patient with capacity.

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Adjournments on the basis of medical grounds

The recent case of the General Medical Council v Hayat [2018] EWCA CIV 2796 has reaffirmed the principles for allowing an adjournment due to medical grounds.

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Are your terms and conditions consumer law compliant?

The UK’s Competition and Markets Authority (CMA) launched a 6 week consultation on its draft consumer law advice to care homes on 12 July 2018.

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Workforce and immigration update - settlement fees scrapped and new settlement scheme

Many NHS Trusts have been debating the extent to which settlement fees should be paid to employees and family members.

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'Safe spaces' and improving quality - one step closer to a new investigative body in the public health sector

Patient safety has been on the agenda since 2016 and we are one step closer to the creation of a new investigative body focusing on safety within the NHS.

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Our analysis of the new NHS Long Term Plan

The NHS Long Term Plan has now been published following several days of snippets being fed to the media on the benefits which the Plan will seek to introduce.

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Supreme Court decision on the case of MM - Update

focus on...

Legal updates

Capacity at birth – care planning, contingent and anticipatory declarations

Our recent case of United Lincolnshire Hospitals NHS Trust v CD is significant because it is the first reported judgment on the use of the Mental Capacity Act 2005 (MCA) to make contingent and anticipatory declarations in the event that P lacks capacity at a particular future point in time.

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Legal updates

Fire safety in care homes – what do you need to know?

The care home environment presents unique challenges and the consequences of getting fire safety wrong can be tragic.

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Mental Capacity Act – anticipating loss of capacity

Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.

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Legal updates

Decision to allow termination of pregnancy overturned by Court of Appeal

P was 22 weeks pregnant and had a moderately severe learning disability and mood disorder. P’s treating NHS Trust brought an application to the Court of Protection to approve the termination of her pregnancy.

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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.

Simon Tait

Simon Tait

Partner and head of Health Advisory and Litigation

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