Health and social care
Hammered by the GDPR
04/12/18
The reported data breach at West Ham United FC is a salutary warning to sports clubs of the potential consequences of an inadvertent data breach and highlights the potential long reach of the GDPR.
Health and social care
Confidentiality is not an automatic bar to disclosure
29/11/18
Marston Holdings Ltd v Ministry of Justice (HM Courts & Tribunal Service) [2018] EWHC 3168 (TCC)
Health and social care
EAT dismisses breach of contract claim against NHS Trust
27/11/18
The EAT has handed down Judgment in a case in which Capsticks successfully defended an NHS Trust against a claim brought by a consultant.
Health and social care
Housing
Health Creation, Wealth Creation - fighting health inequalities using community assets
22/11/18
On 21 November, Capsticks sponsored the NHS Alliance Summit in Manchester, bringing together health and housing to tackle health creation across our communities.
Health and social care
International income generation projects
15/11/18
Along with Healthcare UK, Capsticks hosted a workshop on 18 October 2018 to discuss the issue of income generation for Arm’s Length Bodies (ALBs)
Emergency services
Health and social care
New protection for NHS and emergency services staff
15/11/18
One in seven healthcare professionals was attacked in the course of their employment last year; the highest level for five years, according to an announcement by the Health and Social Care Secretary at the end of last month.
Health and social care
Employers can be legally responsible for malicious data breaches committed by employees
24/10/18
In Wm Morrison Supermarkets PLC v Various Claimants, Morrisons appealed a High Court judgment that it should be vicariously liable for a data breach committed by an employee.
Health and social care
Insurance
Darnley: the Supreme Court rules on the case of the patient who left A&E after 19 minutes
10/10/18
An insight into the Supreme Court decision on the Darnley v Croydon Health Services NHS Trust case
Health and social care
Removal of travel allowance following a TUPE transfer was not void
26/09/18
Removal of travel allowance was not void
Health and social care
Abnormally low tenders and the ill-advised use of solicitors to give evidence in court
10/09/18
An insight into the implications from the Tcase of SRCL Ltd v The National Health Service Commissioning Board
Health and social care
NHS Dorset CCG successfully defends judicial review of major service changes
07/09/18
The High Court dismissed an application for judicial review of the CCG’s decisions to make major service changes to health services in Dorset
Health and social care
Conducting moderation meetings: Lancashire Care
21/08/18
An insight into the implications from the Lancashire Care NHSFT and Blackpool Teaching Hospitals NHSFT v Lancashire County Council case.
Health and social care
New CHC framework - the changes and implications
16/08/18
The Department of Health and Social Care has amended the National Framework for NHS Continuing Healthcare and NHS Funded Nursing Care and issued a new version of the framework in March 2018.
Health and social care
Dr Bawa-Garba wins her appeal: Suspended, Not Erased
14/08/18
There are some cases where the facts are such that erasure of a doctor is the only proper and reasonable sanction. Dr Bawa-Garba’s case was not one of them.
Health and social care
Independent healthcare
No requirement for court approval to withdraw treatment in agreed prolonged disorder of consciousness cases
01/08/18
Supreme Court upholds decision on withdrawal of CANH in the case of NHS Trust v Y [2018] UKSC 46.
Health and social care
Inquest conclusion of “suicide” can now be determined on the balance of probabilities
30/07/18
The criminal standard of proof is no longer required for an inquest to determine that a death was as a result of suicide.
Health and social care
EAT rules on holiday pay entitlement under Agenda for Change
19/07/18
The Employment Appeal Tribunal has considered the difficult issue of voluntary overtime and the calculation of holiday pay.
Health and social care
High Court grants interim injunction preventing NHS Trust from continuing disciplinary proceedings
17/07/18
The High Court has ruled that an employer cannot continue with disciplinary proceedings against an employee pending resolution of her claim that the proceedings are in breach of her contract of employment.
Health and social care
Court of Appeal confirms that allegations must be specific and factual to amount to protected disclosures
28/06/18
Court of Appeal has provided some further guidance on what will amount to a "protected disclosure" under the whistleblowing legislation.
Emergency services
Health and social care
Inquests: increase in public funding for representation for bereaved families
26/06/18
Guidance issued changing the way public funding for representation for families at Article 2 inquests is decided.
Health and social care
Supreme Court upholds need for variations to follow contractual process
20/06/18
An insight into the the Rock Advertising Limited v MWB Business Exchange Centres Limited judgment.
Health and social care
Access to health records - important changes to know
18/06/18
Important points to note about the charging regimes and finding the exemptions
Health and social care
Supreme Court rejects appeal in Pimlico Plumbers case
15/06/18
An insight into the highly publicised case on worker status, Pimlico Plumbers v Smith.
Health and social care
Revised section 40 of the Freedom of Information Act
11/06/18
Due to the Data Protection Act 2018 and GDPR, there are consequential changes to s. 40 of the Freedom of Information Act 2000.
Health and social care
Court of Appeal decision on duty to warn of risks of surgery
07/06/18
The Court of Appeal has provided further clarification on a doctor’s duty to disclose material risks to a patient.
Health and social care
Court maintains the suspension of a healthcare procurement in Lancashire Care case
04/06/18
For the first time the Court accepts that certain losses which were considerable but not catastrophic for the losing bidder could still not be adequately compensated by money.
Health and social care
EAT holds that dismissal without warning was fair even where no act of gross misconduct
30/05/18
The EAT has found that a Claimant’s summary dismissal, without any existing warnings, was fair even though he had not committed any single act of gross misconduct.
Health and social care
Insurance
Judge finds DePuy metal-on-metal hip implant not “defective”
25/05/18
The Court handed down judgement in what is already being described as a landmark case for product litigation.
Health and social care
Reclaiming community estate overage
23/05/18
An insight into one of the key Government responses for NHS trusts and FTs that hold community estate.
Health and social care
Shared parental leave and discrimination – the latest from the EAT
18/05/18
An insight into the question of whether a man taking shared parental leave is entitled to the same rate of pay as a female employee taking maternity leave.
Health and social care
GDPR – an essential guide for claims handlers
14/05/18
GDPR is an evolution of the earlier law set out in the Data Protection Act 1998 and many of the principles are similar. However, individuals have enhanced rights, and there are some more onerous obligations on organisations to demonstrate compliance.
Health and social care
High Court declares Senior Coroner’s ‘cab rank’ policy for handling burials unlawful
04/05/18
The Administrative Court has handed down a ruling that it is unlawful for coroners to ignore the requirements of faith communities when considering post-mortem management of bodies subject to their control.
Health and social care
Trust’s monitoring arrangements did not breach junior doctors’ contracts of employment
26/04/18
In this significant decision for NHS employers nationally, the High Court has reviewed the approach taken by numerous NHS Trusts to the monitoring of junior doctor rotas.
Health and social care
Intellectual property and the NHS
18/04/18
Read our insight into claims brought by independent / private health providers on Intellectual property issues
Care Homes
Health and social care
Ombudsman offers practical advice on contracts for social care providers
28/03/18
Following a rise in complaints from self-funders about Funded Nursing Care (FNC), the Local Government and Social Care Ombudsman have recently published guidance for social care providers to help them provide clear cost information to service users.
Health and social care
GDPR support for HR - Be one step ahead of May's deadline
22/03/18
The General Data Protection Regulation (GDPR) will have a significant impact on how organisations deal with the personal data of their workforce.
Care Homes
Health and social care
Independent healthcare
New CQC inspection framework explained
15/02/18
In connection with HEFMA, Partner, Ian Cooper has written an insight outlining 10 things you need to know about the CQC’s new inspection framework.
Health and social care
Insurance
Vaginal mesh – Recent developments and considerations for insurers
12/02/18
On Tuesday 30th January 2018 the Government announced that they would be launching an independent review into the use of vaginal mesh.
Health and social care
Gig-Economy workers' rights update
09/02/18
The Government published “the Good Work Plan”, its response to “Good Work”, the review into modern working practices which was led by Matthew Taylor in late 2017.
Health and social care
Housing
Government response to Naylor Review
31/01/18
The government has issued its long awaited response to the Naylor Review.
Health and social care
Insurance
Medical malpractice forward view 2018
23/01/18
Last twelve months have highlighted the uncertainties in an ever changing and complex legal environment
Health and social care
Housing
Carillion: Liquidation- urgent action required
16/01/18
The second largest UK construction company, will send shockwaves
Health and social care
Sharing lessons from avoidable deaths
21/12/17
The NHS the first healthcare organisation in the world to publish such data
Health and social care
Disclosures made purely in self-interest are not protected
18/12/17
The Employment Appeal Tribunal (EAT) has provided useful guidance on the scope of whistle blowing legislation
Care Homes
Health and social care
Independent healthcare
New CQC “KLOES” – are you prepared?
14/12/17
The new key lines of enquiry (KLOES) and ratings framework
Health and social care
Independent healthcare
Fourth annual report of the Chief coroner
06/12/17
Overview of the coroners service in 2016-17, the chief coroner’s
Health and social care
Insurance
Bereavement damages incompatible with human rights
04/12/17
The court of appeal has declared that the current scheme for bereavement damages under the Fatal Accidents Act 1976 (FAA)
Health and social care
Latest holiday decision from the European court of justice
01/12/17
The ECJ handed down its judgment this week in King v Sash Windows Workshop Ltd
Health and social care
Insurance
Professional regulatory
High Court applies new dishonesty test for the first time in a GMC case
24/11/17
Potentially changed the long standing Ghosh test on dishonesty by removing the subjective element
Health and social care
Independent healthcare
In conversation with Capsticks at the HSJ Summit
21/11/17
Summit provides a safe space for senior figures in the NHS
Care Homes
Health and social care
Insurance
High Court confirms no requirement for court application for CANH withdrawal
21/11/17
The High Court confirmed that court approval was not required to withdraw Clinically Assisted Nutrition and Hydration (‘CANH’)
Care Homes
Health and social care
Independent healthcare
Overseas visitors regulations – Are you prepared?
17/11/17
A government consultation on charging patients for care by the NHS
Health and social care
Dismissal for failure to provide evidence of right to work in the UK
17/11/17
One of the potentially ‘fair reasons’ for dismissal under the Employment Rights Act 1996
Care Homes
Health and social care
High Court ruling requires inquest to be held following criminal proceedings
14/11/17
The administrative court has very recently handed down an important judgment
GPs
Health and social care
Independent healthcare
Creating an integrated primary and secondary care system – Is your trust ready?
09/11/17
The Five Year Forward View makes it clear that the integration of primary and secondary care systems
Health and social care
Professional regulatory
Supreme Court ruling on discrimination claims against regulatory bodies
02/11/17
The Supreme Court has handed down its judgment in the case of Michalak v General Medical Council
Health and social care
Employment tribunal fees refund scheme begins
23/10/17
The government announced the first details of the employment tribunal fees refund scheme
Health and social care
New corporate offence of failure to prevent criminal tax evasion in force from 30 September
19/10/17
Criminal Finances Act 2017, which came into force on 30 September
Health and social care
How do you send your sensitive information?
18/10/17
Greater Manchester Police has been fined £150,000 after 3 DVDs containing footage of interviews with victims of serious violent crime failed to reach their intended recipient, the National Crime Agency.
Health and social care
Facility time publication requirement – are you up to speed?
17/10/17
The Regulations require nearly all public sector employers to publish information on how much time is spent by their trade union officials on paid “trade union facility time” over the course of the relevant 12-month period.
Health and social care
Insurance
Learning from mistakes and effective serious incident investigation
16/10/17
Serious incident (SI) investigations are a critical post incident analysis tool
Care Homes
Health and social care
The state of the care sector: ‘winter is coming’
06/10/17
An article written by Jamie Cuffe, Partner in our Commercial team.
Health and social care
Doctors and family who agree on withdrawal of feeding no longer need to apply to Court
26/09/17
On 20 September 2017, Mr Justice Peter Jackson (before moving on to the Court of Appeal) handed down a judgment that clarifies the law, for a difficult and emotive aspect of treatment, for both practitioners and families alike.
Health and social care
Employment law round-up
13/09/17
Landmark Judgment on Employment Tribunal fees
Health and social care
Changing times: Government publishes response to discount rate consultation
12/09/17
Last week, on the same day that the National Audit Office (NAO)
Health and social care
Department of Health issues guidance on “retire and return”
10/08/17
The Department of Health has issued new guidance for NHS employers
Health and social care
EAT upholds whistleblowing detriment claim against non-executive directors
02/08/17
The EAT ruled that two NEDs of the petroleum company were personally liable for losses flowing from the dismissal of the CEO after he was dismissed for making protected disclosures.
Health and social care
Employment tribunal fees are unlawful
26/07/17
The Employment tribunal fees system, which was introduced under the fees Order
Health and social care
Revised NHSI guidance on IR35
06/06/17
NHS improvement has revised its guidance to NHS providers on whether or not workers providing services
Care Homes
Health and social care
Independent healthcare
Is your CCG constitution fit for the future?
11/05/17
The purdah period before the General Election provides CCGs with a great opportunity
Health and social care
EAT gives guidance on when sleep-ins count for purposes of the national minimum wage
04/05/17
The EAT consider whether employees who sleep-in are engaged in ‘time work’ for the full duration of the sleep-in shift or whether they are working only when they are awake and carrying out specific duties.
Health and social care
Dismissal over concern regarding the real identity of a nurse found to be fair
03/05/17
The claimant, a Rwandan national, was dismissed after doubts were raised regarding her real identity.
Health and social care
New rules on publishing information on trade union facility time
11/04/17
Under the Regulations, relevant public sector employers will have to publish on their website certain information relating to trade union officials and facility time.
Health and social care
Court of Appeal decision on duty of care for non-clinical staff
30/03/17
The NHSLA has successfully defended this important and ground breaking case on the duty of A&E receptionists and other non-clinical staff in a healthcare setting.
Health and social care
Government triggers Article 50 – implications for your workforce
29/03/17
With today’s triggering of Article 50 of the Lisbon treaty
Health and social care
Independent healthcare
From 3 April - DoLS no longer a death 'in state detention'
27/03/17
In recent years the law has developed to require all deaths where a Deprivation of Liberty Safeguards (DoLS) authorisation was in place to be referred to the coroner.
Health and social care
Twitter defamation: Columnist ordered to pay £24,000 for defamatory tweets
27/03/17
Two tweets posted by columnist Katie Hopkins have been found by the high Court
Health and social care
Further requirements for NHS providers wishing to engage off-payroll workers
16/03/17
Changes to the IR35 rules in respect of the taxation of off-payroll workers
Care Homes
Health and social care
Independent healthcare
An Inspector calls - but which one? The roles of HSE and CQC following health and safety incidents
13/03/17
The Health service journal reported earlier this week that southern health
Health and social care
Update on IR35 changes
08/03/17
HMRC has now published its much-anticipated electronic tool for determining whether off-payroll engagements are “in scope” for the new IR35 rules that will apply from 6th April 2017.
Health and social care
Trade union act in force from 1st March
01/03/17
The main provisions of the trade union act 2016 (the Act) come into effect today, 1 March 2017.
Care Homes
Emergency services
Health and social care
Independent healthcare
Unmarried cohabitants entitled to receive survivor’s pension
15/02/17
UK public sector pension schemes, including the NHS pension scheme
Health and social care
Major changes to the rules on engaging "off payroll" workers
31/01/17
An insight into draft legislation within the finance bill 2017.
Health and social care
Advertising in NHS premises: a cautionary tale
27/01/17
A number of companies in the UK offer publishing and information services to NHS bodies, this insight looks into the legal issues.
Health and social care
The NHS to publish data on avoidable deaths
21/01/17
Following the sad death of Connor Sparrowhawk in 2013 at Southern Health NHS Trust, Jeremy Hunt asked the CQC to conduct a national review into the way NHS trusts investigate and learn from the deaths of patients in England.
Health and social care
Bed blocking unlocked
20/01/17
The delayed transfer of care is a subject seldom out of the news, and the problem is becoming more acute.
Care Homes
Health and social care
Independent healthcare
Draft regulations extend access to NHS pension scheme to new care models
09/01/17
The Department of health has published for consultation a draft statutory instrument
Health and social care
Tighter rules on tax for off-payroll workers in the public sector
01/12/16
An insight into an announcement from the Autumn statement on ''off-payroll'' workers in the NHS.
Health and social care
No requirement for workers to request rest breaks
22/11/16
A worker can bring a claim for an employer’s failure to provide rest breaks.
Care Homes
Health and social care
Independent healthcare
The CQC and your estate – making sure you’re compliant
26/09/16
A look at 5 questions the CQC asks to ensure you're compliant.
Health and social care
CCGs in successful court application to lift an automatic suspension under the public contracts regulations
14/09/16
An insight into the implications from the case of Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group & Anor [2016] EWHC 1393 (TCC) (27 May 2016).
Care Homes
GPs
Health and social care
Independent healthcare
Sale and leaseback - key considerations
09/09/16
The number of sale and leaseback transactions involving primary care premises has increased over recent years and is currently at an exponential rate of growth.
Health and social care
Preventing Muslim employee from wearing hijab was unlawful discrimination
27/07/16
In the case of Bougnaoui v Micropole SA the Advocate General of the CJEU advised that the dismissal of a Muslim employee for refusing not to wear her hijab when visiting clients was direct discrimination on grounds of religious belief.
Care Homes
Health and social care
Independent healthcare
CQC – Life after comprehensive inspections
15/06/16
The CQC has now completed its programme of comprehensive inspections of NHS Trusts.
Care Homes
Health and social care
Independent healthcare
Providers of NHS healthcare: changes to procuring NHS services from 18th April
18/03/16
On 18th April 2016, CCGs’ and NHS England’s temporary exemption from the Public Contracts Regulations 2015 (PCR 2015) when procuring healthcare services for the NHS will come to an end.
Health and social care
Pay protection for junior doctors returning to training
18/03/16
The Employment Tribunal has handed down a decision regarding pay protection for junior doctors returning to training.
Health and social care
European Court rules on legality of employers' headscarf ban
01/01/16
Preventing Muslim employee from wearing hijab was unlawful discrimination.