The risk of getting the point – Health & Safety (Sharp Instruments in Healthcare) Regulations 2013
The Health & Safety (Sharp Instruments in Healthcare) Regulations 2013 (“the 2013 Regulations”) apply from 11 May 2013 and build on the existing health and safety law providing specific detailed requirements to be undertaken by hea...
Property Transfers to NHS Providers: Transfer Scheme Modifications
Following the transfer of PCT and SHA assets and liabilities to receivers on 1 April 2013, it is now the responsibility of receivers (including Provider Trusts that received or expected to receive property assets) to request and agree modifica...
PRESS RELEASE: Capsticks reappointed to the North of England NHS Legal Panel
Leading healthcare law firm Capsticks has been reappointed to the legal panel of the North of England NHS Commercial Procurement Collaborative (NOE CPC). The new legal panel runs from April 2013 – March 2015 and will see Capsticks continuing...
Capsticks announces new Birmingham Partners
Specialist health and social care firm, Capsticks, is delighted to announce the promotion of two new partners Lisa Robotham (Real Estate) and Tracey Lucas (Clinical Law) in its Birmingham office.
Head of the Birmingham of...
PRESS RELEASE: Capsticks announces new Birmingham Partners
Specialist health and social care firm, Capsticks, is delighted to announce the promotion of two new partners Lisa Robotham (Real Estate) and Tracey Lucas (Clinical Law) in its Birmingham office. Head of the Birmingham office, Ga...
The NHS (General Medical Services – Premises Costs) Directions 2013: Key Changes
As part of the fundamental structural reform of the NHS on 1 April, the National Health Service (General Medical Services – Premises Costs) Directions 2013 (the Premises Cost Directions) came into force. The Directions now form the statutory...
Capsticks' Employment team boosts numbers
Capsticks' Birmingham office has further boosted its employment law offering in the region by adding three new lawyers recently. The team is now 8 strong and is the largest specialist healthcare employment team in the region. Joining t...
Property transfers to NHS providers: formal notification of transfer of interests
NHS provider organisations which received estates assets from PCTs must provide formal notification of the assignment of such interests.
PCT transfer schemes (PTSs) require that...
Changes to TUPE pension protection
Earlier this month, consultation closed on the Government’s proposals to amend the Transfer of Employment (Pension Protection) Regulations 2005 (the Regulations), the legislation that protects transferring employees’ pension rights fol...
Government launches consultation on mandatory DPA audits of NHS Bodies
The Ministry of Justice has launched a public consultation on extending the Information Commissioner’s powers to enable him to carry out mandatory audits of organisational compliance with the Data Protection Act 1998 (the DPA).
Property transfers to NHS providers: offers to the Secretary of State and future payment obligations
It is important that any NHS provider organisations which received real estate assets from abolished PCTs are aware that the legal transfers took place subject to a number of potentially onerous obligations which must be complied with. Those oblig...
Property transfers to NHS providers
The transfer of PCT property and estates to either NHS provider organisations (such as Foundation Trusts and NHS Trusts) or NHS Property Services Limited completed on 1 April 2013 through the Property Transfer Schemes (PTSs).
Government publishes response to Francis Report
On 26 March 2013, the Government published its full response to the Mid Staffordshire NHS Foundation Trust’s Public Inquiry report. The response is available Read more
HM Treasury approval now required for judicial mediation in NHS settlements
The Government has this week confirmed that, with effect from 11 March 2013, all non-contractual severance payments in NHS employment cases that are made as a result of judicial mediation require the prior approval of HM Treasury (via Monitor for ...
PCT/SHA Transition – criminal liabilities
Following recent discussions, the NHS Litigation Authority ("NHSLA") has now agreed to accept the criminal liabilities of those bodies to be abolished under the Health and Social Care Act 2012. The relevant bodies have been asked to provide detail...
The new landscape for NHS providers update no. 3
Further to our last update, a commencement order has recently been passed which brings into force provisions of the Health and Social Care Act 2012. It is the fourth such order to be made under the A...
Tribunal finds that employer failed to supply agency worker information during collective redundancy and TUPE consultations
In the first significant decision on the requirement to provide sufficient information about agency workers in the event of consultation about redundancy or TUPE transfers, the Tribunal’s decision in U...
Final version of the 2013/14 NHS Standard Contract published
On 4 February 2013 the 2013/14 NHS Standard Contract was published for the first time by the NHS Commissioning Board.
The new Standard Contract is for use by commissioners when commissioning healthcare services (other than those commission...
The Francis Report: where do we go from here?
Robert Francis QC, Chairman of the Mid-Staffordshire NHS Foundation Trust public inquiry published his long awaited report yesterday.
The recommendations and ramifications of the report have been the subject of intense media speculation, o...
Capsticks scores highest in Government Procurement Service tender
Niche law firm Capsticks has been appointed to the Major or Complex Projects and General Commercial Lots of the Government Procurement Service Legal Services Framework Agreement, having been awarded the highest scores in the tender evaluation proc...
Disclosure and Barring Service incompatible with the right to a private life
In the case of T and others v the Secretary of State for the Home Department and others the Court of Appeal has found that the Disclosure and Barring Service (DBS) checking service (previously the CRB checking service) is incompatible wit...
South London Healthcare NHS Trust Administration - decision by the Secretary of State for Health
Today, Jeremy Hunt announced his decision in response to the Report published on 7 January by Matthew Kershaw, Trust Special Administrator for South London Healthcare NHS Trust.
The Secretary of State accepted all of the recommendations pu...
Capsticks and NHS Employers
Capsticks and NHS Employers have entered into a ground-breaking partnering arrangement which offers significant benefits to NHS Employers Members.
In a year where change will impact NHS staff, managers and patients, we have to look a...
Doctors and MHPS - limiting the scope for High Court intervention
On 25 January 2013 the Court of Appeal handed down judgment in West London Mental Health NHS Trust (“WLMHT”) v Chhabra. The Court of Appeal unanimously allowed the appeal by WLMHT and quashed the declarations and injunctions m...
Capsticks will advise on transfer of Milton Keynes Community Health Services
Capsticks has been appointed via competitive tender to undertake a substantial piece of project work for Central and North West London NHS Foundation Trust (CNWL) who have been selected as the preferred acquirer of Milton Keynes Community Health S...
Religious discrimination in the workplace – European Court of Human Rights gives decision in Eweida and others
The European Court of Human Rights (ECHR) has this week given its judgment in the combined appeals of Ladele and McFarlane v the United Kingdom  and Eweida and Chaplin v the United Kingdom . All four cases involved cl...
New provider landscape: Southern Health successfully completes Ridgeway acquisition
On 1 November 2012, after a competitive process and several months of preparation, NHS South of England, Oxfordshire Learning Disability NHS Trust (also known as The Ridgeway Partnership) and Southern Health NHS Foundation Trust completed the inte...
PCT and SHA closedown and transition guidance
The functions of PCTs and SHAs will be transferred to several new commissioners on their abolition, including local authorities, clinical commissioning groups and the National Commissioning Board. All of the staff, real property, other asset...
National law firm Capsticks re-appointed to SRA panel
The SRA has re-appointed leading regulatory law firm, Capsticks, to a new slimmed-down panel of solicitors to conduct and advise on disciplinary proceedings and regulatory appeals. Capsticks has undertaken this work for the SRA for several y...
Employment law changes in the year ahead
2013 is already set to be another busy year for HR professionals. The Government has recently announced the dates on which various employment regulatory reforms will take effect in the first part of 2013, and this alert sets out some key dates for...
Commercial sponsorship and partnership in the NHS – is your organisation complying with the law?
NHS bodies often collaborate with private sector partners to benefit patients and advance the NHS’s aim to provide high quality healthcare to the population.
However, in the changing NHS landscape, relationships between NHS bodies an...
The latest in procurement case law
Two procurement cases have recently been decided which will be of note to public bodies.
Lifting an automatic suspension of a tender process
The case of Newcastle Upon Tyne Hospital NHS Foundation Trust v Ne...
Update on Fair deal and the future of broadly comparable pension schemes
We reported in July that the Chief Secretary to the Treasury, Danny Alexander, had issued further guidance on the future of pension provision under "Fair Deal". Following on from this announcement, HM Treasury has now published details on how the ...
Transfer of partnership/integration arrangements - are you ready?
Local authorities and CCGs need to assess properly the practical and legal implications of the new primary health care commissioning structure to ensure that any partnering arrangements, including Section 75 Agreements, continue to be workable and...
Errors in Mental Health Act approvals
Jeremy Hunt announced yesterday (29 October) that a flaw in the approval process carried out by SHAs exercising the Secretary of State’s powers under the Mental Health Act 1983, as amended (the MHA) will be rectified by emergency legislation...
Public Health - the transition and beyond
Duncan Selbie, Chief Executive Designate of Public Health England has recently confirmed that 'We are in the early stages of understanding how we translate our ambition for the public health system in England into practical and robust action
Local Government Chronicle social enterprise masterclass
On 18 September 2012, we hosted and spoke at the Local Government Chronicle social enterprise masterclass: ‘How to spin out your service from the council: a development masterclass in making social enterprise work in local authorities.&rsquo...
The application of TUPE narrows?
A series of recent Employment Appeal Tribunal decisions are seen as narrowing the circumstances in which TUPE may apply. In the most recent of these decisions, Liddell’s Coaches v Cook and others, the EAT has considered for the f...
On 1 April 2013, PCTs will be abolished and assets and liabilities will be transferred to various bodies, including CCGs, the NHS Commissioning Board and NHS Property Services Ltd. As part of the preparation towards this momentous change, the Depa...
Wheel clamping and vehicle immobilisation without lawful authority - a new criminal offence
From 1 October 2012, the Protection of Freedoms Act 2012 creates a new offence of clamping or immobilising a vehicle on private land without lawful authority, punishable by an unlimited fine. The development is designed to tackle the increasing tr...
Inquest update - Coroner risk management and Rule 43 reports
The Ministry of Justice have just published their seventh summary of Rule 43 reports made by Coroners and the figures show a record number of reports have been issued. During the period between October 2011 and March 2012, Coroners issued 233 repo...
The new landscape for NHS providers: update no. 2 - constitutional changes
Further to our update in June 2012, a second commencement order has recently been passed which brings certain provisions from the Health and Social Care Act 2012 (HSCA) into force on 1 October 2012. In lin...
HSE introduction of Fee for Intervention
Following Parliamentary approval of the Health and Safety (Fees) Regulations 2012, the Health and Safety Executive ('HSE') will, from 1 October 2012, seek to recover, via a process known as 'Fee for Intervention' ('FFI'), some of the cost of regul...
NHS Trust receives penalty for data protection breach
Torbay Care Trust, Devon, has been fined £175,000 by the Information Commissioner’s Office (ICO) for a breach of the Data Protection Act 1998 (DPA) after publishing on its website a spreadsheet containing the personal data (including n...
General damages to increase by 10% from April 2013
Last Thursday the Court of Appeal took the unusual step of using an approval hearing to indicate that general damages in all tort claims will rise by 10% in accordance with the recommendations of Sir Rupert Jackson's report on costs in civil claim...
Workers on sick leave do not need to request annual leave in order to carry over
There are many strands to the complicated issue of the accrual and carry over of annual leave during sick leave but one question which has come before the courts recently is whether such workers must request annual leave in order to permit carry o...
Fair Deal - the end of the road for broadly comparable pension schemes and bulk transfers?
The Chief Secretary to the Treasury, Danny Alexander, has issued further guidance on the future of pension provision under “Fair Deal”. His statement suggests that public sector employees who are transferred to the private sector ...
Kerslake v The North West London Hospitals NHS Trust
Taking action where there appears to be an irretrievable breakdown in working relationships
Kerslake v The North West London Hospitals NHS Trust, in which Capsticks acted for the trust, gives employers reassurance...
Final performance figures for NHS dental contractors in 2011/12 have been released
PCTs will now be able to identify GDS and PDS contractors who have not completed their contracted levels of Units of Dental Activity (UDA). In cases where the contractor has underperformed outside the 4% tolerance provided for in dental contracts,...
Residential occupiers - new rules for tenancy deposit schemes
Statutory changes have recently been introduced to the tenancy deposit scheme system in order to overcome certain shortcomings that had come to light since the original scheme was introduced in 2007.
A need to know: capital grants powers and accompanying property rights for CCGs
March 2013 will see a host of functions, powers, and responsibilities transfer from PCTs to CCGs.
Among these remains the long established, but often lesser known, PCT ability to make capital grants for the purpose of improving community s...
Avoid an unwanted Olympic legacy – unpaid overseas visitors charges
Whether or not your area is expected to receive Olympics related tourism, the additional overseas visitors expected to visit the country for the Olympics provides a timely opportunity to ensure that your trust has the necessary procedures in place...
Updating your foundation trust constitution
The Health and Social Care Act 2012 (the Act) will introduce a new governance model for NHS foundation trusts. This means that each NHS foundation trust will need to amend its constitution to ensure that it complies with law and reflects the new g...
Accelerating the release of surplus public sector land
In October 2011 the Department of Health published its strategy to accelerate the disposal of surplus NHS land, which formed part of the Government’s wider programme to release more public sector land for housing development.
Transfer of the PCT Estate and NHS provider organisations
Following the issue of David Flory's letter to SHA and PCT cluster chief executives on 31 May 2012, the PCTs and SHAs have been focusing on the Department of Health's ('DH') requirements and timetable for the property and estates transfers to eith...
Levelling the playing field: Monitor's role in regulating competition in the healthcare sector
Pursuant to a request by the Secretary of State, the NHS foundation trust regulator, Monitor, has announced a review into ensuring a "fair playing field" for providers of NHS services.
On 14 June 2012, Monitor's interim chief exe...
FAQs - contingency planning and industrial action
Thursday (21 June 2012) will see NHS doctors take action short of a strike on a national scale over the Government's proposed changes to current pensions.
The Capsticks Employment team have drawn up FAQs which take ...
Capsticks scoops award in key category at the HealthInvestor Awards 2012
Capsticks has won the ‘Legal advisors of the year – public’ award at the HealthInvestor Awards 2012. The awards focus on NHS and private businesses successfully working together and are the largest annual event of their kind.
DH latest - planning for property and estates transfers
In David Flory’s letter to SHA and PCT cluster chief executives of 31 May 2012 the Department of Health (‘DH’) has confirmed the requirements and timetable for the property and estates transfers by PCTs and SHAs to either NHS pro...
The public sector equality duty - are you aware of your obligations?
A recent judicial review claim brought by two Mid Essex cancer sufferers against four Essex primary care trusts (The Queen (on the application of McIlveen) v Mid Essex PCT and Others) has highlighted the importance of the public sector eq...
Information law - a case law update
The ICO has recently fined two NHS bodies for data security breaches. These fines highlight the ICO’s increased focus on data security in the health sector. This e-bulletin considers the first fine to be issued against a NHS body, as well as...
OFT critical of failure to enforce NHS dentists’ contractual obligations
The Office of Fair Trading has published its report into the UK dentistry market of £5.73bn per year of which approximately 58% is NHS and 42% private dentistry.
Some of the OFT’s key concer...
The NHS Transition - HR Issues: FAQs
The Government, through the Health and Social Care Act proposes to abolish SHAs and PCTs and transfer functions to the NHS Commissioning Board, CCGs, CSOs, NHS Property Services Ltd, Health Education England, Public Health England and local govern...
Are your bank workers actually employees by another name? The EAT issues a timely reminder.
The issue of whether a bank worker is self employed or an employee is a thorny one. Whilst the title given in the relevant documents will be looked at by tribunals in determining the nature of the relationship, three core elements which denote an ...
Court of Appeal holds that doctor’s disciplinary hearing did not engage Article 6
The Court of Appeal has dismissed the appeal by consultant cardiologist Dr Raj Mattu that his dismissal by the University Hospitals Coventry and Warwickshire NHS Trust was ineffective and in breach of his right to a fair trial under Article 6 of t...
A Chief Coroner has been appointed
A senior circuit judge has been appointed as the Chief Coroner for England and Wales, to drive up the standards of inquests around the country and improve consistency of practice. This is good news for those healthcare organisations with dif...
Estimated £78m loss to NHS dentistry each year – take steps to recover it now
Inappropriate claiming / fraud
Figures published by NHS Protect last week estimate that in 2009/10 over £78 million was paid to NHS dental contractors for treatment which was inappropriately claimed. This included cl...
Equity and excellence - Liberating the NHS
The Health and Social Care Act 2012
After more than 1,000 amendments, the Health and Social Care Bill has now received Royal assent.
The themes of organisational change; choice and competition; improving quality an...