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A New Year – but continuing challenges

At the beginning of 2021, with the first vaccination having been given, everybody was optimistic that the pandemic would finish within the foreseeable future. Unfortunately, that has not proved to be the case and the stresses that it brings for the care home sector continue.

What is 2022 likely to bring?

With the arrival of the omicron variant, the issues caused by the pandemic are likely to continue for some time. In addition:

Liberty Protection Safeguards

These are intended to come into force in April 2022. It remains to be seen whether that date can be met given the consultation on the Code and draft regulations are still awaited.

Mental Health Bill

We saw a continuation of the process of reform of the mental health legislation in 2021 with the white paper and there is reason to suspect that a draft bill will be published in spring 2022.


During the pandemic much inspection action has been done remotely. This surely cannot be as effective as work done in person, but it is likely to continue for now. Enforcement action has continued in appropriate cases and we have seen an expansion in the way CQC are using section 31 Health and Social Care Act to impose conditions on registration.


Many coroners’ jurisdictions still seem to have a backlog from the original lockdown in March 2020, however the use of videoconferencing to enable hearings to go ahead remotely has seen much progress made. This use of technology looks set to continue, and is often a very effective way of proceeding.

2021 was not quiet – there is no reason to suspect 2022 will be any different!

Happy New Year.


This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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