23 June 2019 Blog Decisions about CANH: court says patients’ wishes and feelings prior to incapacitation should prevail over the strong presumption in favour of preserving life Decisions relating to the withdrawal of clinically assisted nutrition and hydration (CANH) for an adult who lacks capacity can now be taken without the need for Court of Protection approval... Share this article Bookmark this page 3 min read
17 June 2019 Blog £200,000 fine for Trust when prisoner died on their watch Check your facilities now – the Care Quality Commission could take you to court if you don’t! The health care provider at Lewes prison is being made to pay a £200,000 fine following a prosecution brought by the CQC... Share this article Bookmark this page 2 min read
17 June 2019 Blog What does the CQC's report say on use of restraint, seclusion and segregation Last month CQC published their interim report on segregation in mental health wards for children and young people and in wards for people with a learning disability or autism... Share this article Bookmark this page 2 min read
16 June 2019 Blog Latest mortality review report finds 'pace with which reviews are conducted needs to increase' The third annual report of the Learning Disability Mortality Review Programme published in May 2019 provides an update on the learning emerging from this area of work. It gains more significance given the recent Health Service Journal coverage on the amending of LeDeR reports... Share this article Bookmark this page 2 min read
11 June 2019 Blog Ambulance Trust appeal in Flowers litigation dismissed The Court of Appeal has dismissed an appeal by the East of England Ambulance Service NHS Trust and ruled that regularly worked voluntary overtime should be reflected in the calculation of its workers' holiday pay... Share this article Bookmark this page 1 min read
11 June 2019 Blog New consultation: changes to the transfer and remission of adult patients detained under the Mental Health Act NHS England and NHS Improvement launched their consultation on 23 May 2019. The consultation is in connection with guidance for individuals held in prisons and immigration removal centres (IRCs), who have subsequently been detained, subject to the Mental Health Act 1983 (MHA) and require treatment within mental health in-patient services... Share this article Bookmark this page 2 min read
9 June 2019 Blog Table talk: commissioners beware, direct payments for funding care packages do have limitations Court of Protection finds financial and care management oversight arrangements for managing a personal health budget in the best interests of a young man... Share this article Bookmark this page 4 min read
5 June 2019 Blog Latest on Article 2 inquests: ordinary clinical negligence will not automatically result in a human rights inquest Inquests following the death of a detained patient will often trigger an Article 2 inquest. This will mean lengthy and difficult court proceedings... Share this article Bookmark this page 2 min read
4 June 2019 Blog Misconduct in Public Office? Beware! When a coroner gets their hands on a revised Serious Incident report… Have you been ‘fiddling’ with your SI investigator’s reports? With the best of intentions - health and care managers often seek to ‘improve’ the conclusions and recommendations made in reports... Share this article Bookmark this page 3 min read
2 June 2019 Blog Primary Care Networks: ten helpful tips Following the 2019/20 GP contract changes, many GP contractors and other community providers will be starting to consider and indeed create Primary Care Networks... Share this article Bookmark this page 1 min read
2 June 2019 Blog Charging overseas visitors: when are you an asylum seeker? Further light was shed upon the application of the NHS (Charges to Overseas Visitors) Regulations 2015, recently, by the case of R (ota ERA) v (1) Basildon & Thurrock University Hospitals NHS Foundation Trust (2) Southend University Hospitals NHS Foundation Trust [2019]... Share this article Bookmark this page 3 min read
28 May 2019 Blog Dishonesty and lying to the Coroner. Is there perjury ‘in the air’? I am sure none of us would be party to this. But I read this blog (from our colleagues at Serjeants’ Inn Chambers and our friend Bridget Dolan QC) with interest. It is a timely reminder... Share this article Bookmark this page 2 min read