Department of Health and Social Care

Government announces delays to social care reform by 18 months

Care Minister Gillian Keegan has announced that the Government is delaying self-funders access to lower local authority fee rates by 18 months. In a statement on Thursday 7 July 2022, Gillian Keegan outlined that following consultation on the implementation of change with local authorities, the Government has decided to utilise the extension of section 18(3) …

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The Government is seriously underestimating cost of Social Care reform according to report

On 18 May 2022, County Councils Network which is a body representing England’s local authorities, released a new independent report titled ‘Preparing for Reform’ report (“The Report”). The Report analysed aspects and costs of the Government’s planned social care reform. The Report estimates that the Government are ‘seriously underestimating’ the costs of its social care …

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MPs want a major reform of NHS clinical negligence claims in England

MPs in England want to reform the current system for clinical negligence claims against the NHS which they believe is failing. It is their view that the current system does not encourage a culture where there is learning from mistakes made in the NHS. The current claims system is expensive with costs predicted to double …

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Care providers can influence fair fee rates – Seize the opportunity

The Department of Health and Social Care (“DHSC”) published statutory guidance on 24 March 2022. Local Authorities (“LAs”) are required to report to DHSC on cost of care exercises for 65 years plus care homes and 18 plus domiciliary care together with a Market Sustainability plan and details of how they have spent the new …

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Local Authorities pay up to £1m per child in private children’s homes

On 19 April 2022 The Guardian published an article revealing that some local authorities are paying substantial costs for children to be placed in a privately run children’s care home.  Private providers have defended these figures, citing the rising cost of living alongside high staffing levels needed for complex children as justification for the costs. …

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An Update in Relation to the Implementation of the Liberty Protection Safeguards

In due course, the Liberty Protection Safeguards (“LPS”), introduced under Schedule 1 to the Mental Capacity (Amendment) Act 2019 (“MC(A)A 2019”) will replace the current Deprivation of Liberty Safeguards (“DoLS”) set out in the Mental Capacity Act 2005. However, before this happens there are a few hurdles to cross, as detailed below. On 10 March …

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CQC’s statement on DHSC guidance regarding visits to care homes

On 10 February 2022, the CQC published a statement in response to the guidance published by the Department of Health and Social Care (“DHSC”) which lifts visiting restrictions in care homes. In the statement, the CQC explained that its expectation remains that care homes follow the latest Government guidance which is now to ensure that …

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Government commissions KPMG to review healthcare regulatory landscape

The Department of Health and Social Care has commissioned KPMG to review the healthcare regulatory landscape and to make recommendations on whether the regulatory system can be simplified and the number of healthcare regulators reduced. The review will look at the following independent healthcare regulators: General Medical Council Nursing and Midwifery Council General Optical Council …

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Further Delays to the Implementation of the Liberty Protection Safeguards

The Department of Health and Social Care (“DHSC”) has announced a further delay to the public consultation on the draft regulations and draft Code of Practice for the Mental Capacity Act 2005 and the Liberty Protection Safeguards (“LPS”). The DHSC had intended to launch the consultation in the summer of 2021 but said that due …

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