22 September 2019 Blog Out of hours locum GP was a worker, not self-employed A provider of NHS out of hours GP services has lost its appeal against a ruling that one of the GPs it supplied was a worker, and not self-employed. That is a different outcome to the last time the employment status of out of hours GPs was considered by the Employment Appeal Tribunal... Share this article Bookmark this page 3 min read
18 September 2019 Blog Use of an injunction to protect a vulnerable adult In a judgment dated 5 September 2019, Mr Justice Cobb reviewed whether it had been appropriate for interim injunctions under the inherent jurisdiction to be made to protect a vulnerable adult... Share this article Bookmark this page 2 min read
16 September 2019 Blog Patient safety: embedding a workplace culture of learning rather than blame Making simple shifts in approach and language to patient safety investigations can be key to changing the culture of health and care organisations... Share this article Bookmark this page 4 min read
21 August 2019 Blog CQC and Mental Health Act Code of Practice Earlier this summer the CQC published this report. The headline being that the Code of Practice is not being used as it was intended due to a lack of awareness and understanding of the statutory guidance amongst providers and staff... Share this article Bookmark this page 2 min read
20 August 2019 Blog Independent Review of Gross Negligence Manslaughter (GNM) and Culpable Homicide You would be forgiven for perhaps not having read this during your summer holidays! However it makes a worthwhile read firstly, given the furore following the case of Dr Bawa Garba and secondly, because of the wider points the report makes about investigations and coroners... Share this article Bookmark this page 4 min read
18 August 2019 Blog Landmark Court of Appeal decision in termination case The Court of Appeal last month overturned a Court of Protection decision that it was in the best interests of a young woman with learning disabilities to undergo a termination of her pregnancy at 23 weeks gestation... Share this article Bookmark this page 3 min read
18 August 2019 Blog Clinician faces prison for failing to give evidence at an inquest In what is believed to be the first criminal prosecution of its kind, clinician Duncan Lawrence has entered a guilty plea to an offence of failing to provide evidence at Wimbledon Magistrates’ Court. He will be sentenced later this month and could receive a custodial sentence... Share this article Bookmark this page 2 min read
18 August 2019 Blog More clarity from the High Court on the interplay between the Mental Health Act and the Mental Capacity Act regarding DoLS and patients in the community Last month Mrs Justice Lieven in the Court of Protection dealt with conjoined applications by two local authorities under the Mental Capacity Act 2005 for court approval of the continuation of the authorisation of care plans involving SR and JTA... Share this article Bookmark this page 5 min read
15 August 2019 Blog Another complex case distilled on the issue of fluctuating capacity The issue of capacity assessments for patients with long-term conditions requiring multiple decisions and careful oversight of medication, in particular, is difficult. Increasingly, the courts have been asked to consider cases involving fluctuating capacity... Share this article Bookmark this page 3 min read
15 August 2019 Blog New target timescales for the Mental Health Casework Section to consider key decisions for restricted patients At the start of this month, NHS England and the MHCS published target timescales to consider key decisions for restricted patients under the Mental Health Act... Share this article Bookmark this page 2 min read
13 August 2019 Blog OPG updates its safeguarding adults at risk policy Protecting the vulnerable: reporting safeguarding concerns to the Office of the Public Guardian. The OPG has updated its useful guidance (originally published on 29 April 2019) for those dealing with vulnerable people who have a registered Lasting Power of Attorney or a court appointed deputy... Share this article Bookmark this page 2 min read
12 August 2019 Blog Making digital-first primary care a reality: reforming primary care contracting NHS Improvement and NHS England have launched a consultation on its proposals for reform to patient registration, funding and contracting rules as part of its digital-first primary care (DFPC) policy to ensure patients have both choice as well as access to integrated care... Share this article Bookmark this page 4 min read