government

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

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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Local Authorities Invoke Care Act 2014 Easements -what does it mean for providers?

Social care provisions under Schedule 12 of the Coronavirus Act 2020 came into force on 31 March 2020 when The Coronavirus Act 2020 (Commencement No.2) Regulations 2020 became law. Under the 2020 Regulations, Local Authorities have the power to misapply or modify certain duties in the Care Act 2014. The new regime does not apply …

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WHO announces a “deeply concerning picture” on COVID-19 deaths in long-term care facilities

In a statement yesterday by the World Health Organisation Regional Director for Europe, Dr Hans Kluge, it was confirmed that current WHO estimates suggest that up to half of Covid-19 related deaths in Europe have been residents in long-term care facilities. Unfortunately, this is not a huge surprise. A significant proportion of long-term residents of …

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COVID-19 – provision of information to the CQC to facilitate data collection

The CQC has been ramping up its data collection in response to the coronavirus pandemic. Whilst providers are not currently being required to fill in Provider Information Requests (PIRs) because they have been suspended, the CQC is asking providers to give other information to them, as part of its approach to data collection in light …

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How does the COVID-19 Action Plan for Social Care affect admissions to Care Homes?

This is now my third article examining developing Government guidance and how it impacts the issue of admissions into care homes during the COVID- 19 pandemic. Yesterday, the Social Care sector took centre stage at the Government daily briefing as Matt Hancock revealed a number of headline promises for the sector.  More detail on these …

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The Government issues new guidance for residential care providers on how to approach the Coronavirus crisis

This updated guidance aims to support planning and preparation in the event of an outbreak or widespread transmission of COVID-19. It can be found here. It should be considered by local authorities, clinical commissioning groups (CCGs) and registered providers of accommodation for people who need personal or nursing care. This includes registered residential care and …

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How is the CQC compounding the factors which have led to the Government facing legal action over failing people with learning disabilities and autism?

The Government is now facing legal action over its repeated failure to move people with learning disabilities and autism into appropriate accommodation. Yesterday, the Equality and Human Rights Commission issued a pre-action letter to the Secretary of State for Health arguing that the DHSC has breached the ECHR for failing to meet the targets set …

How is the CQC compounding the factors which have led to the Government facing legal action over failing people with learning disabilities and autism? Read More »

Jeremy Hunt appointed Chair of the Health and Social Care Select Committee

Former Conservative leadership candidate and Health Secretary Jeremy Hunt has been appointed the Chair of the Health and Social Care Select Committee. This is a cross-party group of MPs and members of the House of Lords who are tasked with investigating issues around health and social care and look into how these have been handled …

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