Articles & Publications

Inquest Procedure: If a provider did nothing wrong, does that mean there is nothing to worry about?

In theory, this statement should be correct. The Inquest process is inquisitorial and its purpose is to establish the facts, not to lay blame. However, in practice, things can and do come out at Inquests which can cause serious damage to service providers. Why should I get involved? Given the nature of health and social …

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Revised COVID-19 Emergency MCA and DoLS Guidance

Last month I wrote an article reviewing the DHSC’s emergency guidance on the application of The Mental Capacity Act 2005 (MCA) and Deprivation of Liberty Safeguards (DoLS) during the COVID-19 pandemic. As explained in my article (found here) the emergency guidance aims to assist those caring for adults who lack mental capacity when deciding on …

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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 …

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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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Are CQC routine inspections likely to recommence? And in what form?

The CQC suspended routine inspections in March 2020. According to its letter to social care providers on 16 March 2020 announcing the suspension, this was to support providers and keep people safe in response to the Coronavirus pandemic. It therefore seems that inspections were suspended both for safety reasons, to keep down the risk of …

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Better Transparency from Local Authorities on their approach to financial support for Adult Social Care

We know from reports in the press and from our clients that there have been significant disparities between different Local Authorities’ reactions to the covid-19 pandemic in the care sector. In particular, we have seen significant variation how they have allocated and distributed funding support to Adult Social Care providers following central government’s allocation of …

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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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