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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

Training and events

23Jun

Part 3: LPS - its out what do you need to know? ON24 webinar

The much anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived, and following on from our popular session on 12 April, you are invited to join us for two further webinars on 24 May and 23 June.

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Focus on...

Part 2: LPS - it's out - what do you need to know?

The much anticipated draft Mental Capacity Act Code of Practice and Regulations, including the Liberty Protection Safeguards (“LPS”), has arrived.

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'LPS - it's out - what do you need to know?' webinar

The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.

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Legal updates

Diagnosis of Death in an Adult

We were very pleased to recently advise North West Anglia NHS Foundation Trust (‘NWAFT’) in High Court, Inherent Jurisdiction proceedings regarding an application for a declaration by the court that a patient of NWAFT had sadly died and therefore it was proper for life supporting measures to be ceased.

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Legal updates

The Ockenden Final Report – a blueprint for safe maternity care from ward to Board

The much anticipated final Ockenden report was published on 30 March 2020. The final report sets out the findings of the review into care provided to 1,486 families, and sets out a blueprint for safe maternity care.

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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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