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Health and care newsletter - May 2021

10 May 2021

Welcome to the Browne Jacobson health newsletter, which focuses on 2021 – what we have learnt so far.

Slowly but surely, the UK is starting to re-open as the fantastic NHS pushes back the Covid pandemic which has engulfed the world for the last year. As that happens the legal machinery which governs certain aspects of our lives starts to kick back in to gear and in this newsletter we look at what that will mean for health and care sectors over the next 12 months.

Specifically, we look at the extent to which we will return to hearings in person or whether the use of digital technology for remote hearings will make the whole court process more accessible. Equally, how will trials be undertaken in the future and will those which are more dependent on witness evidence be more likely to return to court rooms, rather than those based on documentary evidence?

It is also important to keep up to speed with the legislative developments outside of the White Paper, so we consider the new mental health legislation as Liberty Protection Safeguards are introduced to replace Deprivation of Liberty legislation. As well as also looking at one of the other non Covid worldwide issues of the moment, climate change. So, what should the health and social care sector be thinking about and what will need to become part of the plans which the organisations delivering health and care services need to develop going forward?

I hope everyone enjoys this edition of the Browne Jacobson newsletter and please feel free to contact us to discuss how these issues may affect your organisation.

A brave old world? Managing health claims and inquests in 2021

As with every other area of our lives, those involved in the world of litigation and inquests are all too aware that 2020 was a year of re-thinking, re-assessing and innovation to keep the show on the road. Whilst it may be some time before “normality” is restored, recent developments and changes in working practices may well be here to stay. We consider below what a new normal might mean for health litigation and inquests.

Read more >

Climate change – what’s next on the agenda?

One thing that 2020 taught us is that collaboration is key. Everything is connected. We saw how quickly Covid-19 gripped the world and how solutions to fighting the pandemic have become global. Whilst Covid-19 has to date been a year-long phenomenon, the issue of climate change remains and the situation becomes more desperate every day. It’s an ongoing crisis that needs serious action.

Read more >

Liberty Protection Safeguards: what we know so far

The Liberty Protection Safeguards (LPS) implementation date has been moved to April 2022, but a lot will need to happen before the Deprivation of Liberty Safeguards (DoLS) are swept away.

Read more >

All rise remotely – is there a long-term future for remote trials?

The Covid-19 pandemic and its consequent restrictions on cross-country travel and in-person gatherings have forced the courts to reconsider how justice is done and seen to be done. The courts have had to adapt fast and the dawn of the ‘remote trial’ has well and truly begun.

Read more >

Care Quality Commission (CQC) revisions to its Transitional Monitoring Approach - what should providers be thinking about?

With the Care Quality Commission now considering consultation responses in respect of its long-term regulatory approach, life goes on under their Transitional Monitoring Approach. That approach is already a significant step away from the pandemic support-centred Emergency Support Framework and back towards greater scrutiny, higher expectations and increased enforcement.

Read more >

Your team up close…

n this edition of Health & Care Matters we grab five minutes with Leila Souss who has recently joined us as an Associate in our Healthcare public law team and also catch up with Bridget Prosser who is a Partner in our employment law team. Read on to hear from Leila and Bridget as they share an insight into their work, career highlights and perhaps more importantly the best way to start the day!

You may also be interested in...

Shared Insights – connecting, talking, supporting, learning

Shared Insights is a fortnightly online forum for NHS professionals, hosted by Browne Jacobson on Teams. Sharing learning and experience across the health sector, listening to the experts and connecting NHS organisations to talk about the issues that matter to you.

Read our update >

Insights into the NHS White Paper – integration and innovation: working together to improve health and social care for all

The NHS White Paper was released on 11th February 2021. This page looks into each of the areas of the white paper with analysis of the recommendations.

Read our update >

Mock inquest - giving evidence remotely at a Coroner’s inquest – guidance for clinical witnesses

This film seeks to recreate an inquest hearing where the family and witnesses are participating in the hearing remotely. The film explains the role of the Coroner and the purpose of an inquest and illustrates the procedure during a remote inquest hearing. The film lasts around 57 minutes from start to finish - you can pause, rewind and skip forward at any point during the film.

Read our update >

Training and events


Mock Inquest Training Sessions ON24 webinar platform

This is an important training course for practising clinicians and any NHS professionals who would benefit from understanding the inquest process, including those working in clinical governance and risk, complaints, family liaison and in-house legal teams.

View event

Focus on...

Legal updates

Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC

I was delighted to attend Browne Jacobson’s Health and Care Connect conference on 10 October 2022 to address professionals from across the health and care sector about the coronial system.



BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work

The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.


Legal updates

Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam

In the last two years, we have all lived through a seismic event. The SARS-CoV-2 pandemic was arguably the worst public health event of our lifetimes. Reflecting on what we have all lived through in the last two years, there is some key learning for leaders across the whole health and care system, nationally and internationally.



NHS England – Assuring and supporting complex change

NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.


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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