16 May 2018 Blog Failure to satisfy duty of candour in judicial review proceedings “disturbing” The London Borough of Brent has been heavily criticised in the High Court for its failure to comply with the duty of candour in a judicial review case involving ‘leaving care’ duties owed to a former relevant child under the Children Act 1989... Share this article Bookmark this page 3 min read
15 May 2018 Blog Win for NHS England on the judicial review of the Accountable Care Organisation contract The High Court has found in favour of NHS England in the judicial review brought by a campaign group, 999 Call for the NHS, who challenged the lawfulness of the payment mechanism in the draft Accountable Care Organisation (ACO) contract... Share this article Bookmark this page 2 min read
14 May 2018 Blog Tribunal issues updated guidance on minimum requirements for hearings in hospitals Readers working in psychiatric hospitals may be aware that the First-tier Tribunal wrote to hospitals last month with a copy of its Minimum requirements for tribunal hearings to be held in hospitals. This supersedes previous guidance issued in 2012... Share this article Bookmark this page 2 min read
13 May 2018 Blog Covert medication: To disclose or not to disclose - that is the question! The case of M v ABM University Health Board was recently considered by the Upper Tribunal (UT). Whilst this case relates to the Mental Health Review Tribunal for Wales Rules 2008 (MHRT Wales), the principles can be applied to England’s Tribunal Procedure Rules 2008 (TPR) as well... Share this article Bookmark this page 4 min read
19 April 2018 Blog Does an early admission of liability give full protection from legal costs in inquest proceedings in a related civil claim? In short, the answer is no subject to some qualification. There are steps that can be taken to mitigate the potential exposure to the level of legal costs to be paid in subsequent related civil proceedings... Share this article Bookmark this page 5 min read
16 April 2018 Blog Welcome clarification on the issue of false imprisonment in a hospital setting The High Court has provided a helpful reminder of the criteria when considering liability in false imprisonment claims... Share this article Bookmark this page 4 min read
9 April 2018 Blog Revised framework for NHS Continuing Healthcare and NHS Funded Nursing Care published and effective from 1 October 2018 The Department of Health and Social Care has published the next incarnation of the National Framework for NHS CHC and NHS FNC which will, in six months’ time, supersede the 2012 versions. It sets out the future policy direction with a greater focus on moving assessments outside of an acute setting... Share this article Bookmark this page 3 min read
9 April 2018 Blog House of Commons Public Accounts Committee report on NHS Continuing Healthcare Having taken evidence from a variety of witnesses, including Simon Stevens, back in November the Committee produced its report on 10 January 2018. That evidence is summarised in chapters one and two... Share this article Bookmark this page 3 min read
9 April 2018 Blog New updated guidance on NHS service changes On 29 March 2018 NHS England published yet more guidance on service change and consultation. Planning, assuring and delivering service change for patients... Share this article Bookmark this page 3 min read
27 March 2018 Blog Judicial confirmation that a CCG has no legal power to fund a continuing care patient for whom it has or had no statutory responsibility In a judgment that will have significant implications for many NHS commissioners, Mr Justice Garnham has decided that a CCG had no power to fund NHS Continuing Healthcare (CHC) services for a patient because they had ceased to be registered with a GP in the CCG’s area a few days before the completion of the CHC decision-making process... Share this article Bookmark this page 3 min read
27 March 2018 Blog Mental Health Tribunal rules consultation now open for views – don’t delay, have your say by 14 June The Tribunal Procedure Committee (TPC) are consulting on proposals to change the way that the First-tier Tribunal operates in relation to mental health cases under the Mental Health Act 1983 (MHA)... Share this article Bookmark this page 3 min read
12 March 2018 Blog Regulator's report on the Mental Health Act finds “limited or no improvement” in key concerns raised in previous years On 1 March the Care Quality Commission published its annual report on Monitoring the Mental Health Act in 2016/17... Share this article Bookmark this page 3 min read