When CQC civil enforcement action arises this will most commonly follow the Notice of Proposal procedure. An alternative track is s.31 of the Health and Social Care Act 2008. This provides the CQC with an alternative, speedier procedure to vary or…
What is the Local Government and Social Care Ombudsman and what does it do? The Local Government and Social Care Ombudsman is an independent body responsible for investigating complaints about councils, adult social care providers (including care homes and home care…
This question was considered in the case of North West Anglia NHS Foundation Trust v Gregg. The facts Dr Gregg commenced employment with North West Anglia NHS Foundation Trust in 2003. The Trust became aware of a number of serious concerns regarding…
Key considerations when making a decision regarding whether to disclose patient records to the police: Has a Court Order been obtained by the police or is there a witness summons compelling an individual to produce the relevant records to the Court? The…
‘It is, in my judgment, necessary and appropriate that I should make the court’s disapproval of the way in which the NMC responded to the previous court order. For these reasons the costs order, modest as it is, is in…
In January 2019, Cabinet Secretary for Health and Social Service, Vaughan Gething AM, met with the Children, Young People and Education Committee to discuss the progress of recommendations provided in the October 2017 report on perinatal mental health services.[1] What is…
The final report of the GP partnership review, led by Dr Nigel Watson, was published on 15 January 2019.[1] The report follows Secretary for Health and Social Care, Mr Matt Hancock, announcement in February 2018 that a review should take…
The Corporate Manslaughter and Corporate Homicide Act 2007 contains requirements to secure a conviction: The defendant was a qualifying organisation The organisation owed a relevant duty of care to the deceased The duty of care was grossly breached A substantial component of the breach…
Amid the noise arising from Brexit, Sir Simon Wessely’s review of the Mental Health Act was published in December. The report runs to some 300 pages grouped by reference to a series of principles, namely: Truth and autonomy The use of least…
In a significant new decision on clinical negligence liability, although finding a breach of duty, the Court of Appeal held that a mother could not recover the costs associated with her child’s disability, where the advice which she had sought…
