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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.

Find out more

Supreme Court decision on the case of MM - Update

training and events

12Nov

Learning from deaths: overcoming barriers to learning in order to reduce harm Exeter office

Exploring the barriers to successful implementation of the Learning from Deaths Guidance and a practical focus on what you can do within your organisation to help overcome those obstacles to successfully implement change and improve patient safety.

View event

28Nov

Mock Inquest Education centre, Royal Derby Hospital, Uttoxeter Road, Derby

Presided over by the Coroner for Derby & South Derbyshire, the mock inquest will be an accurate re-enactment of a real life inquest.

View event

focus on...

Legal updates

EIDO healthcare consent review

Browne Jacobson are pleased to have worked in association with Eido to contribute to the Eido third edition Annual Consent Review including Supreme Court ruling in Montgomery, examine notable recent cases and discuss key learnings.

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Legal updates

First steps on the road to a new NHS bill

The Government announced in its Queen Speech its intention to bring forward measures to support and strengthen the NHS and that new laws will be taken forward to help implement the Long Term Plan.

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Upcoming webinars

Care Quality Commission and health & care regulatory update

Carl May-Smith will provide an update on CQC & Competitions & Markets Authority enforcement, a recent Tribunal decision on the registration of learning disability & autism services and the latest in CQC’s review of restraint, seclusion and segregation.

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Legal updates

How public bodies should maker fair decisions during Brexit and beyond

As we continue through some turbulent political waters, many public bodies seek advice and support on ensuring the decisions they make comply with the expectations of the law. The general public is not only better informed on how to challenge, but also more prepared to challenge decisions which they simply think are wrong.

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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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