The White Paper ‘Reforming the Mental Health Act’ as promised by the Government was published today. Announcing its launch, the press release confirms that the White Paper sets out the path towards the Government’s commitment to introduce the first new…
On 18 December 2020, NHSX released a template Data Sharing Agreement (“DSA”) for healthcare providers to use when sharing patient data with third party data controllers. The template DSA is designed to help healthcare providers demonstrate compliance with GDPR, confidentiality…
As we enter the third national lockdown announced on Monday 4 January 2021 there is a sense of déjà vu about life under the toughest restrictions and a real feeling of loss where some have had a taste of social…
Previous briefings have commented on the level of fines imposed on care home providers in proceedings taken either by the CQC or the HSE. Some recent cases provide additional guidance: A care home operated by the Catholic Church in Dundee was fined…
New Regulations and guidance regarding care home visits are in place governing the arrangements for lockdown 2. The key issues are set out below. Can visitors or residents go out during lockdown? As providers will be aware, leaving home without reasonable excuse…
As many providers will recall, Minister for Care, Helen Whately, confirmed in July that it would not be possible to implement the Liberty Protection Safeguards (LPS) by October 2020 and set a new target date for ‘full implementation’ by April…
The HSE has explained that its programme of spot checks has been extended to include care homes, ‘a spot check is a phone call to review the measures being taken to minimise spread of coronavirus in the care home and…
On 1 October 2020 The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 were laid before Parliament. The Explanatory Memorandum to the Regulations confirms that they allow for certain statutory forms used for the exercise of powers of…
On 8 October 2020 the Care Quality Commission (the ‘CQC’) published the revised ‘Registering the Right Support’ guidance which is now called Right support, right care, right culture. This continues to be statutory guidance issued in accordance with s.23 of…
Within a few weeks of the pandemic taking hold in March 2020, concerns were already being voiced in many quarters about the use of “blanket DNACPR” decisions for groups of people, or decisions being made without discussion with residents, families…
