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Health and care blog

Our health and care law blog provides insight on the latest legal, policy and commercial issues affecting the NHS and the independent health sector.

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06 Jan 2025

3 mins

Challenging a CQC inspection outcome: points to note for care providers

The recent case of Seabrooke Manor Ltd v CQC demonstrates the high hurdle care providers must overcome to succeed in a judicial review challenging CQC inspection findings and related ratings.

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02 Jan 2025

2 mins

No fines, just fine-tuning: the ICO's reprimand strategy boosts data protection in the health and care sector

The Information Commissioner’s Office (ICO) has decided to continue its policy of issuing reprimands to public sector organisations, rather than imposing fines, following a successful two-year trial. The ICO’s approach encourages a culture of continuous improvement in data protection.

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20 Dec 2024

3 mins

A delayed application to the Court of Protection: At what cost?

A recent Court of Protection (COP) decision highlights the risk of a costs order being made when a party has delayed in issuing proceedings.

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20 Dec 2024

3 mins

The Way We Care (or a perfect storm…)

There have been a lot of recent publications relating to children’s social care recently.

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18 Dec 2024

3 mins

Modern Slavery within the care sector

A report from the House of Lords issued in October 2024 highlighted a significant increase in modern slavery cases in the care sector, with a 400% rise in reported victims, since the sector was added to the Shortage Occupation List. Aimee Stokes, Senior Associate (Barrister) at Mills & Reeve, explores the legislation in this area and its implication and application to the care sector.

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16 Dec 2024

6 mins

Investing in tomorrow: Our future homes

On 26 November the Ministry of Housing, Communities and Local Government and DHSC published their joint report.

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06 Dec 2024

2 mins

Court of Appeal decision on primary care contract disputes: a reminder for commissioners

The Appeal in Shashikanth primarily concerned the question of whether adjudication of disputes between GPs and NHS commissioners is amenable to judicial review but also provided an important reminder in connection with contract variations.

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05 Dec 2024

4 mins

Candour in healthcare: where next?

The report into the findings of the call for evidence on the statutory duty of candour for health and social care providers was published by the Department of Health and Social Care on 26 November 2024.

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02 Dec 2024

3 mins

Deck the halls with data security: Twelve tips for a safe and Merry Christmas

As we gather to celebrate the season of giving and goodwill, data protection managers around the globe may be taking advantage of this opportunity to raise awareness in a joyful and tinsel-strewn manner. After all, ensuring robust data protection measures is akin to wrapping our personal information in a secure, digital gift box, keeping it safe from prying eyes.

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15 Nov 2024

3 mins

Fire safety: Safeguarding residents in care homes

Fire safety is a critical concern for care providers, especially within residential services. The unique challenges of the care home environment mean that any lapse in fire safety can lead to devastating consequences. Ensuring robust fire safety measures is essential to protect the vulnerable residents and prevent catastrophic outcomes.

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13 Nov 2024

3 mins

A victory for defendants in privacy litigation

Disciplinary proceedings within the health and care sector are inherently complex and face numerous challenges. Organisations must maintain the balance between protecting personal data and upholding the standards of professional accountability.

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07 Nov 2024

3 mins

Autumn Budget 2024: what does it mean for NHS digital transformation?

The Autumn Budget announcement included an additional £22.6bn for the Department of Health and Social Care day-to-day spending and more than £2bn investment in NHS technology and digital essential services (this is contingent on 2 per cent productivity next year).

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04 Nov 2024

< 1 min

Regulatory reset: charting a new course

The Care Quality Commission has been told to improve operational performance, rebuild expertise and take steps to foster stronger relationships with providers and the wider health and social care sectors to restore credibility, as part of recommendations in two landmark reviews.

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01 Nov 2024

3 mins

Court of Protection judge orders haemodialysis for man with dementia

The case of Re: CD (Treatment: Haemodialysis) is a recent case of note that will be relevant to health and care professionals concerned with mental capacity and decisions on medical treatment.

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28 Oct 2024

1 min

Anticipatory declarations, fluctuating capacity and sections 5 and 6 of the Mental Capacity Act

A new Court of Protection decision on the issue of fluctuating capacity is essential reading for healthcare professionals navigating these complex cases.

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24 Oct 2024

3 mins

Employment Rights Bill: what primary care providers need to know

The Employment Rights Bill was presented to Parliament on 10 October, fulfilling Labour’s pre-election promise to publish it within 100 days of a change of government. It received its second reading on 21 October and was accompanied by a flurry of related documents. As a result, we now know more about the Government’s plans.

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16 Oct 2024

2 mins

Guidance on expiring contracts under the NHS Increasing Capacity Framework

The NHS Increasing Capacity Framework (ICF) was designed to create a simple and streamlined process for those looking to procure a range of clinical services from a list of pre-approved providers.

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15 Oct 2024

2 mins

Data transparency and the health and social care sector

Transparency in the health and social care sector is vital for building trust and ensuring the ethical use of sensitive data

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