Nythan Smith, Author at Ridouts Solicitors

Dementia charity brings legal challenge against care home visitors guidance

A dementia charity is seeking to judicially review the Government’s decision to publish guidance on visits to care homes. In England, the guidance focuses on giving individual care homes the independence to decide on what specific considerations should be in place in relation to visits. There are different approaches in place for each of the …

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Concern at lack of testing for CQC inspectors

News / By Nythan Smith

The National Care Forum has written to the Government to ask that it reverses its decision to not monitor CQC inspectors regularly prior to attending physical inspections within care settings. In the letter the soundness of the decision taken by the Government not to make the testing for Covid-19 of CQC inspectors mandatory is questioned. …

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What should providers do when asymptomatic staff receive an inconclusive test result for Covid-19?

News / By Nythan Smith

On 31 July 2020 the Government released guidance on the management of staff and exposed patients and residents in health and social care settings. The guidance is clear on what steps are to be taken for positive and negative test results for Covid-19 symptomatic persons when they are tested (not the antibody test). If they …

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Additional £600m fund for infection control criticised due to excessively strict rules of access

News / By Nythan Smith

Key commentators on the adult social care sector (ADASS, LGA and Care England) have all commented on the strict nature of the rules that apply to any local authority and provider that wishes to access funds which were announced on 15 May 2020. Councils are allowed to access the additional monies to support care homes …

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Occupancy levels in care homes during Coronavirus – provider seeks help

News / By Nythan Smith

The largest care home operator in the UK has written to social care commissioners to request support to protect its income to the equivalent of 90% occupancy levels. At least one of the commissioners that it works with has agreed to offer the assistance it has requested. The death rate within its care homes is …

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Poll suggests Government guidance may have contributed to current rate of deaths in care homes

News / By Nythan Smith

A recent poll by Sky News of care home providers conducted in collaboration with Care North East and the Registered Nursing Homes Association has found that 70% felt pressure from Hospitals to admit residents prior to the current version of government guidance; 41% stated that hospital discharged patients with Covid-19 symptoms and 38% stated that …

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Increase in deaths reported in mental health settings as a result of COVID-19

News / By Nythan Smith

Figures released by the CQC suggest that there has been a doubling of deaths reported during the period 1 March to 1 May 2020 by mental health providers of detained patients. 106 deaths were reported in these settings with providers confirming that Covid-19 was a cause or a factor within the deaths of 54 people. …

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Legal challenge to Local Authority’s use of Care Act Easements

News / By Nythan Smith

Derbyshire Council has until 11 May to respond to a legal challenge to its decision to relax its adherence to the Care Act by taking the measures set out in the Care Act easements provided for in the Act and supported by accompanying guidance. If the Council does not respond by 11 May they are …

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Covid-19 testing for the home care sector

News / By Nythan Smith

Covid-19 testing for people in receipt of care at Home appears to be excluded from the Government’s action plan for adult social care. Recent estimates suggest that at least 2/5 of care provided in England and Wales is in the form of home care which leaves a significant omission within the Government’s approach to the …

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Guidance issued to local authorities on payment of invoices

News / By Nythan Smith

Guidance on supplier relief required as a result of Covid-19 has confirmed that local authorities should pay suppliers as soon as possible and should be paying invoices due to providers in shorter order than the standard 30 day requirement. Of note within the guidance is the reference to the resolution of disputed invoices as a …

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Nythan Smith

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