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CQC and health & care regulatory update - June 2019

19 June 2019

Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers as well as discussing the latest CQC guidance such as Continuing Regulatory Histories, the CQC’s interim report on the use of segregation in learning disability and autism services and the potential implications of the allegations of abuse at Whorlton Hall.



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Carl May-Smith

Carl May-Smith

Partner (Barrister)

Carl, a former Senior Crown Prosecutor, specialises in regulatory and criminal advice and advocacy; advises public bodies on enforcement; advocacy in criminal courts, regulatory tribunals and inquests.

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focus on...

Managing the Mental Health Act during the Covid-19 Pandemic

Following concerns being raised nationally about the impact of the pandemic on certain aspects of assessing and treating patients detained under the Mental Health Act 1983, “Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic” was published on 19 May 2020.

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Legal updates

Systemic failure or medical negligence?

Lord Burnett handed down Judgement at the RCJ on 10 June 2020 of the following case which is the latest in a line of authorities to explore the engagement of Article 2 at Inquests concerning medical care/treatment, reaffirming the point that such cases will not ordinarily trigger the need for an Article 2 inquest.

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Practical advice on resetting your ICS

Topics covered are a view from an ICS Chair on reset, initial lessons to consider, a new way to govern, models to work collaboratively and a Q&A.

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Legal updates

High Court denies relief from sanctions

In Magee v Willmott Browne Jacobson successfully appealed on behalf of the Defendant a lower court decision to allow the Claimant relief from sanctions to rely upon expert evidence served after the deadline had passed for exchange and not to strike out part of the Claimant’s case which was unsupported by the Claimant’s breach expert and where no case on causation had been pleaded.

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

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