Anna Lemmer

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, …

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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 …

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Updates to the “Coronavirus (COVID-19): changes to the Care Act 2014” guidance

The Department of Health and Social Care guidance “Coronavirus (COVID-19): changes to the Care Act 2014” was first published on 31 March 2020 and has now been updated. A copy can be accessed here. From 20 May 2020, the changes made to the guidance reflects the fact that local MPs have been added to the …

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CQC’s first ‘Coronavirus (COVID-19) insight report’ published

CQC published its first ‘Coronavirus (COVID-19) insight report’ on 19 May 2020. The purpose of the report is to draw attention to COVID-19 related pressures facing the health and social care sector. CQC intends the first insight report to be a regular serious of insight documents. The report draws on information gathered through direct feedback from …

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Complaints Handling Process – in line with current guidance? As published in Caring Times – May 2020

 The Competition and Markets Authority (“CMA”) conducted a ‘Care Homes Market Study’  in 2018 and found that many service users and those acting on their behalf found it difficult to complain to care homes and regarded the complaints processes as unclear, complicated and confusing. As a result of this study, the Chartered Trading Standards Institute …

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

This article is written for healthcare providers in their capacity as employers and it will consider employer duties in relation to work related incidents and the reporting of Covid-19 to the Health and Safety Executive (“HSE”). In the context of Covid-19, employers must only make a report under RIDDOR (The Reporting of Injuries, Diseases and …

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The issue of medication management during the COVID-19 crisis and beyond

At the time of writing this article on 30 April 2020, there have already been significant developments in the health and social care sector due to the coronavirus pandemic which has meant that guidance and best practice advice has changed rapidly in this area. In this article, I will focus on the issue of medication …

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Skills for Care issues guidance regarding staff training during the COVID-19 outbreak

The charity, Skills for Care, has issued guidance for adult social care providers in relation to staff training during the COVID-19 outbreak. It is stated on the Skills for Care website that: “During this period, we remind you to stop face to face training and to use digital solutions only.”  Skills for Care acknowledges the …

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COVID-19 – Further guidance from the Chief Coroner for England & Wales regarding inquests

Further to my last update regarding inquests, the Chief Coroner for England and Wales has issued further guidance in relation to the COVID-19 situation. This article summarises the main points from the guidance. Chief Coroner Guidance No.34 (dated 26 March 2020) This guidance note acknowledges that the COVID-19 emergency presents a number of challenges for …

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COVID-19 and infection control procedures in care settings during a pandemic

As providers will know, CQC tend to inspect infection control under Regulations 12 and 15 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014. Regulation 12 states that care and treatment must be provided in a safe way for service users and providers are responsible for ‘assessing the risk of, and preventing, …

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