health and social care law

Department of Health and Social Care Issue Consultation on training for health and social care staff

The Department of Health and Social Care have issued a consultation on learning disability and autism training for health and social care staff. The consultation has been created in order to ensure ‘staff working in health and social care have the right training to understand the needs of people with a learning disability and/or autism …

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Supreme Court grants permission for appeal against Mencap / ‘sleep-ins’ decision

The Supreme Court has allowed an appeal against last year’s Court of Appeal ruling on sleep in payments for care workers. The case argues that sleep-in shifts should count as working time and be paid at least hourly minimum wage rates. Last year, the Court of Appeal overturned the decision of a 2015 employment tribunal …

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Healthcare Business – February 2019 – CQC intends to ring in changes to how Providers can challenge its inspection reports

CQC has commented often that it wishes to improve the process of inspection specifically in relation to the speed at which reports are published following inspection.  CQC intends to bring in new guidance which will apply to all providers of health and social care around the process of checking reports for their factual accuracy. To …

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Frozen charging thresholds mean many people face paying for residential care

The government announced last week that the upper and lower capital limits, which determine who must pay the full cost of their care and how much others should pay from their assets, will remain at the same level in 2019-20 as they have done since 2010-11. Due to this, social care experts have warned that …

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Ridouts notices increase in financial abuse and theft within care homes

Financial abuse within the care home sector remains a critical issue within the media, Government and the CQC. 2019 has already seen two serious cases of financial abuse within the adult social care sector, with it bringing costly fines, prison sentences and reputational damage for the organisation. Providers need to keep a close eye on …

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Challenging CQC inspection reports and ratings – DDN – December 2018

CQC now has the power to rate independent standalone substance misuse services and is currently rolling out its first wave of comprehensive inspections to establish a ratings baseline for future inspections.  This is the first time such services are being rated by CQC.  Adverse ratings can have a negative impact on the financial and operational …

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Matt Hancock promoted to the Role of Health and Social Care Secretary

Following Jeremy Hunt’s promotion to the role of Foreign Secretary, Matt Hancock has been appointed as the new Health and Social Care Secretary. The reshuffle of the cabinet was essentially forced upon Theresa May after the resignation of Boris Johnson and David Davis, in opposition to the government’s new Brexit strategy. To celebrate his new …

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New Reforms Implemented on Deprivation of Liberty Safeguards

The government has introduced a set of deprivation of liberty safeguard reforms which, it claims, will lessen the burden on local authorities, whilst saving an approximate £200 million a year. These savings will contribute to frontline care and tackle the backlog of 108,000 people currently with un-reviewed safeguards. The new bill has been drafted to …

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Ridouts’ lawyer contributes to new legal handbook

On 23 March 2018, the Legal Action Group will publish the second edition of its ‘Professional Discipline and Healthcare Regulators: a legal handbook’. The handbook’s Nursing & Midwifery Council chapter is co-authored by Ridouts’ solicitor, Nicole Ridgwell. In the foreword to the first edition, Mr Justice Collins referred to the handbook as ‘a necessary aid …

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