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Briefing quick find:

Duty of Candour

The Government have recently announced a new contractual “Duty of Candour”. It is proposed the regulations will be created that will require the NHS Commissioning Board to include a contractual duty of openness in all commissioning contracts from 2013. No…

Practice advice: Notice of an IOP hearing

A practitioner can be invited to appear before the IOP of the MPTS/GMC on the initiative of the Registrar or a Case Examiner. The Registrar’s power derives from rule 6 of the Fitness to Practise Rules 2004 [“the Rules”] and…

Care and Support Bill 2012

Earlier this summer the government published the Care and Support Bill. This is the promised new adult social care legislation referred to in the Queen’s Speech. One of the key issues is adult safeguarding, putting this on to a statutory footing.…

CQC Compliance Action

In our August briefing we referred to the recent CQC Guidance on inspections. This briefing reflects the action that CQC may take if a provider is not meeting the requirements of the regulations. If the provider is in breach of the regulations…

Changes to Disclosure and Barring

The Protection of Freedoms Act 2012 (PFA) has recently received Royal Assent, and came into force on 10th September 2012. It has made changes to safeguarding systems, which will affect organisations dealing with vulnerable adults and children. Regulated Activity The first major…

Preparing for CQC Inspections

CQC have recently issued guidance on their approach to inspections. These are usually unannounced and can take place at any time including evenings and weekends. CQC will only notify in advance if there is a good reason to do so. CQC…

The Right to Treatment Regardless of Age

The NHS continues to have increasing demands on the services it provides to patients and this appears likely only to increase with the increasing age of the population. These circumstances have on occasions given rise to debates about resource allocation…

How not to carry on an independent hospital

The Administrative Court has given judgment in an unsuccessful appeal by Dr David Waghorn against his conviction at City of Westminster Magistrates’ Court in June 2011 for carrying on an independent hospital without being registered. The Care Standards Act 2000 was…

Advance declarations to withdraw treatment

The recent case of An NHS Trust v D [2012] EWHC 885 (COP), has highlighted the problems of expressing advance wishes to end life-sustaining treatment, and has addressed the issue of the costs of the Official Solicitor. Facts This case concerned an…