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Consultation On Oliver McGowan Code Of Practice On Learning Disability And Autism Training

A consultation reviewing the Oliver McGowan code of practice on statutory learning disability and autism training (“the code”) is currently open. The code has been drafted in line with the legislative requirement introduced in the Health and Care Act 2022, which stipulates that all Care Quality Commission (“CQC”) registered service providers must ensure that their staff are appropriately …

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How Whistleblowing Can Negatively Affect Your Care Business – A Whistle Stop Tour On Whistleblowing

The 23 June was World Whistle-blower’s day, so it seemed timely to reflect on the subject, in particular a reminder of the law, updates to relevant guidance, the CQC’s approach to whistleblowing and best practice for providers. Law Whistleblowing legislation was implemented 25 years ago, through the Public Interest Disclosure Act 1998 (“PIDA”) being incorporated …

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Government Proposes New Regulations Empowering CQC to Ensure Patient Visits in Care Settings

The Government is presently consulting on new regulations aimed at granting the Care Quality Commission (“CQC”) additional authority to oversee and enforce visitation arrangements by care providers. This comes amid concerns that there are continued instances where visitors are unfairly denied access to their loved ones. The proposed regulations would impose a legal obligation on …

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Clarity on Article 2 Obligations: Insights from the Supreme Court Judgement in R (Maguire)[2023]

On 21 June 2023, the Supreme Court handed down judgement in R (on the application of Maguire) (Appellant) v His Majesty’s Senior Coroner for Blackpool & Fylde and another (Respondents), the appeal of an inquest into the death of a vulnerable woman subject to a Deprivation of Liberty Safeguards (“DoLS”) order. In a unanimous decision, the Supreme Court dismissed …

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Doctors are set to take legal action against GMC over ‘inaction’ on COVID-19 vaccine misinformation

On 5 June 2023, a group of doctors, including some General Practitioners, have begun legal proceedings against the General Medical Council (“GMC”) over what they say is a failure to act on COVID-19 vaccine misinformation. Why are they taking legal action? The doctors are specifically concerned about the social media posts of Dr Aseem Malhotra, …

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