Insight
What does the Health and Care Bill mean for information governance and data sharing?
12/07/21
The long-awaited Health and Care Bill was published on 6 July 2021. Read more on the changes in terms of how data is used and shared in the health and social care sector.
Insight
Employment Appeal Tribunal confirms that judicial notice should still be taken of ‘the childcare disparity’ when deciding indirect sex discrimination claims
08/07/21
The Employment Appeal Tribunal upheld a Claimant’s appeal against the ET's decision to dismiss her claims of indirect sex discrimination on the basis that the ET failed to take judicial notice of ‘the childcare disparity’. Read more about the case here.
Insight
Department for Health and Social Care publishes Liberty Protection Safeguard fact sheets
05/07/21
The DHSC published fact sheets on the Liberty Protection Safeguards (LPS) on 11 June 2021. The LPS are still scheduled to be implemented in the spring of 2022. We summarise the content of the fact sheets and how you can prepare for the LPS.
Insight
Clinical Law Insight: Summer 2021
02/07/21
Welcome to the summer edition of our Clinical Law Insight. We report on recent developments in safety and learning, look ahead towards the Public Inquiry into the government’s response to the pandemic, and recommend actions for Covid-related claims.
Insight
Preparing for the COVID-19 Public Inquiry: What NHS organisations need to consider
28/06/21
The statutory inquiry into the government’s response to the Covid-19 pandemic will commence in 2022, which may compel organisations and individuals to provide evidence. We summarise the current situation and which steps NHS organisations need to take.
Insight
Extent of causation in clinical negligence claim against GP limited by the “scope of duty”
18/06/21
A clinician’s liability to a patient remains limited to the losses falling within the duty of care and not any wider co-incidental losses. The Supreme Court today ruled the scope of duty test generally was applicable to clinical negligence cases.
Insight
Capsticks represents Trust in successful defence of High Court challenge to exclusion under MHPS
22/04/21
A recent High Court judgment highlights the importance for employers to demonstrate a clear, balanced and proportionate decision-making process when considering exclusion under MHPS.
Liberty Protection Scheme: Care home manager role dropped
19/11/20
The Liberty Protection Safeguards National Steering Group revealed that DHSC will not be implementing the care home manager role when the rest of the LPS framework commences in April 2022, and that six sets of regulations will be published next spring.