Anna Lemmer

Best interests decisions: A COVID-19 quick guide

The Social Care Institute for Excellence (“SCIE”) published guidance in July 2020 titled, “Best interests decisions: A COVID-19 quick guide” (“SCIE guidance”).  The SCIE guidance explains that application of the Mental Capacity Act 2005 (the “MCA”) in practice has been challenging due to the implications of COVID-19 and sets out how best interests decisions should …

Best interests decisions: A COVID-19 quick guide Read More »

Update: The Liberty Protection Safeguards are now due to be implemented in April 2022

On 16 July 2020, the Government announced that the Liberty Protection Safeguards (“LPS”) which were due to be implemented on 1 October 2020 will be delayed. The Government is now aiming for full implementation of LPS by April 2022. The Mental Capacity (Amendment) Act 2019, which received Royal Assent in May 2019, introduced LPS to …

Update: The Liberty Protection Safeguards are now due to be implemented in April 2022 Read More »

Update: What healthcare providers need to know about reporting of Covid-19 under RIDDOR

On 15 May 2020, I wrote an article in relation to what healthcare providers need to know about reporting of Covid-19 to the Health and Safety Executive (“HSE”) and considered the guidance ‘RIDDOR reporting of Covid-19’.   On 11 June 2020, the HSE published ‘Further guidance on RIDDOR reporting of Covid-19’ after recognising that the …

Update: What healthcare providers need to know about reporting of Covid-19 under RIDDOR Read More »

CQC publishes its second Insight Report and releases plans in relation to future inspections 

On 17 June 2020, CQC published its second insight report ‘COVID-19 Insight: Issue 2’. This report looks at the information CQC has gathered in relation to the pressures that services and local systems have faced and the efforts that have been made to tackle them. The insight report is split into the following 4 chapters: …

CQC publishes its second Insight Report and releases plans in relation to future inspections  Read More »

The Court of Appeal judgment in R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 has provided clarity in relation to Article 2 obligations to protect life for care home residents

On 10 June 2020, the Court of Appeal handed their judgment down in the case of R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 which held that Article 2 of the European Convention of Human Rights (“ECHR”), was not engaged at the inquest into the death of a vulnerable …

The Court of Appeal judgment in R (Maguire) v HM Senior Coroner for Blackpool and Fylde [2020] EWCA Civ 738 has provided clarity in relation to Article 2 obligations to protect life for care home residents Read More »

Guidance updated on MCA and DoLS during the COVID-19 pandemic

On 10 June 2020, the Department of Health and Social Care updated its guidance, ‘The Mental Capacity Act (2005) (MCA) and deprivation of liberty safeguards (DoLS) during the coronavirus (COVID-19) pandemic: additional guidance’. The guidance has been updated to include information about the right to appeal if someone is subject to emergency health powers and …

Guidance updated on MCA and DoLS during the COVID-19 pandemic Read More »

How COVID-19 has placed GP staff shortages in the spotlight and focused CQC’s attention on an area the sector is already struggling with

On 28 May 2020, the Royal College of General Practitioners (“RCGP”) responded to the NHS Digital Workforce figures which highlighted that there was still a GP workforce crisis during the COVID-19 pandemic. Commenting on the figures, Professor Martin Marshall, Chair of the RCGP’s said, “It’s very concerning to see the number of full-time equivalent GPs …

How COVID-19 has placed GP staff shortages in the spotlight and focused CQC’s attention on an area the sector is already struggling with Read More »

Beyond Covid-19: the legal landscape in the health and social care sector

This article considers what will happen in the health and social care sector in terms of regulation and litigation beyond the Covid-19 crisis. CQC’s Emergency Support Framework As providers will know, CQC have paused routine inspections and introduced the Emergency Support Framework (“ESF”). CQC’s position is that the ESF is a flexible and supportive process, …

Beyond Covid-19: the legal landscape in the health and social care sector Read More »

Policies to introduce in light of Coronavirus guidance

Government guidance on Coronavirus changes frequently and it is important to ensure that your policies are up to date and in line with the latest guidance. The guidance should be considered in the context of your own service and your policies should be flexible, reviewed and updated regularly. I have referred to eight examples of …

Policies to introduce in light of Coronavirus guidance Read More »

Sign up to hear more from us