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.
Emergency services
Emergency services roundup - 26 July
26/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Care Homes
CMA Advice – consumer law advice on the charging of fees after death
25/07/18
The Competition & Markets Authority has published advice on charging fees after the death of a resident for self-funded and part-funded residents.
General
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.
Care Homes
Sleep-in shifts and the National Minimum Wage: Mencap v Tomlinson-Blake
17/07/18
The Court of Appeal has clarified conflicting case law and ruled that workers are not entitled to be paid the national minimum wage for time they are asleep on sleep-in shifts.
Housing
Housing case law - July 2018 update
17/07/18
See our July housing case law round-up.
Emergency services
Emergency services round up - 12 July
12/07/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
Housing
Are Community Protection Notices working?
04/07/18
An insight into the effectiveness of CPNs and when they should be used
Emergency services
Emergency services roundup - 28 June
28/06/18
Capsticks’ bi-weekly roundup of insights and news stories affecting emergency services.
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.
General
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
Housing
Housing case law - June 2018 update
15/06/18
Our monthly #ukhousing case law update to keep you one step ahead.
General
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.
General
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.
Housing
Major insurance company enters bankruptcy
04/06/18
Alpha Insurance Company A/S has recently been declared bankrupt. Find out the actions required if you're affected.
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.
General
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.
Housing
Housing case law - May 2018 update
17/05/18
Our monthly #ukhousing case law update to keep you one step ahead
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.
Housing
What does Labour’s new green paper ‘Housing for the many’ mean in practice?
26/04/18
Jeremy Corbyn and Shadow Housing Secretary John Healey launched Labour’s green paper on social housing last week. The headline statistic is that Labour plan to build one million new homes over the next 10 years.
Care Homes
Care homes – Employment law quarterly update
24/04/18
Capsticks’ team of employment specialists are delighted to provide you with the first of our quarterly employment law updates which includes recent cases and laws relevant to the sector.
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
Housing
Housing case law - April 2018 update
18/04/18
April's housing case law update
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.
Housing
Planning reform - National Planning Policy Framework consultation 2018
28/03/18
On 5 March 2018, the Government announced a raft of suggested planning reforms which includes revisions to the current National Planning Policy Framework (NPPF).
General
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.
Housing
“Pay less” notices: the contractor’s payment prerogative?
19/03/18
The payment provisions of construction contracts can often lead to disputes between property developers and contractors.
Housing
Housing case law - March 2018 update
09/03/18
Our monthly housing case law update.
Care Homes
Liability for historical abuse and the implications for organisations
21/02/18
Post Saville, Rotherham, and Winterbourne Care Home and the ongoing Inquiry into Child Sexual Abuse, there has been a significant rise in historic abuse claims.
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.
Housing
Tribunal rules that leaseholders must pay for cladding removal costs
15/02/18
The First Tier Tribunal Property Chamber has ruled that the leaseholders of Citiscape, a private tower block in Croydon, must collectively pay the cost of removing dangerous cladding from their building.
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.
General
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.
Housing
Housing case law - February 2018 update
08/02/18
See our February 2018 Housing case law update
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.
Housing
Residential lease extensions: valuations update
25/01/18
The court of appeal yesterday ruled unanimously against a change in the basis
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
Housing
Leasehold: The government's proposed changes
08/01/18
A response to its consultation on tackling unfair practices in the leasehold market
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
Housing
Our 2017 housing highlights
19/12/17
2017 was a very busy and exciting year for the housing team at Capsticks
General
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
Housing
Housing case law - December 2017 update
13/12/17
The Court of Appeal has upheld a county court ruling that a landlord’s service
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)
Care Homes
General
Health and social care
Independent healthcare
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
Housing
The autumn budget: A new hope?
29/11/17
The conservative party conference in october this year, she would personally “dedicate her premiership
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
Care Homes
General
Health and social care
Independent healthcare
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
GPs
Considering merging GP Practices?
15/11/17
Whether you are considering a merger now, or in the future, we have guidance to help you plan and succeed.
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
Housing
Housing case law - November 2017 update
06/11/17
The court of appeal has clarified the meaning of “significantly more vulnerable”
Emergency services
Police officers can bring claims in employment tribunal following dismissal by a misconduct panel
02/11/17
The supreme court has ruled that, under EU law, police officers have the right to bring claims in the Employment Tribunal (ET)
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
Housing
Capsticks and Chartered Institute of Housing collaborate to bring you the Knowledge hub
02/11/17
To announce that we are now working with the Chartered Institute of Housing (CIH)
General
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
General
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
General
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.
General
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
Housing
Monthly housing case law October 2017 update
09/10/17
The court of appeal has held that a secure tenant was not entitled to a statutory
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.
Housing
Unfair practices in the leasehold market – Capsticks’ response to DCLG consultation
14/09/17
DCLG is currently running a consultation on proposals to stamp out unfair practices
General
Employment law round-up
13/09/17
Landmark Judgment on Employment Tribunal fees
GPs
Effective succession planning strategies to combat staffing shortages in GP practices
13/09/17
GP practices - like many other businesses and healthcare providers
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)
Housing
When is the right time to appeal your local District Judge on rent cases?
05/09/17
Read our insight into when is the right time to appeal your local District Judge on rent cases
Housing
Monthly housing case law September 2017 update
04/09/17
The High court has allowed an appeal against the making of a possession order made in favour of the claimant council (Dacorum).
Housing
High Court gives unprecedented unlawful profit order guidance
23/08/17
The High Court has overturned a suspended possession order
Emergency services
Court of Appeal decides that employers must consult unions over changes to the working rights of employees undertaking police work
17/08/17
Two park police officers were unable to pursue their claims of unfair dismissal against their employer, read the insight into this case.
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
General
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.
General
Employment tribunal fees are unlawful
26/07/17
The Employment tribunal fees system, which was introduced under the fees Order
Housing
Finding capacity to drive supply
13/07/17
Social housing and capsticks brought together housing sector leaders
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
General
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.
General
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.
Housing
Employment law changes for the housing sector - what you should know
10/04/17
April 2017 will see a number of changes in employment law coming into force
Housing
Out with the old and in with the new
06/04/17
The old consent regime to dispose of social housing dwellings and land has today been replaced with the duty to notify the HCA of any Relevant Disposals after the event.
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.
General
Government triggers Article 50 – implications for your workforce
29/03/17
With today’s triggering of Article 50 of the Lisbon treaty
Emergency services
Police medical appeal board ordered to reassess amendment to injury pension
29/03/17
This decision is relevant to both police and fire service employers in respect of their injury benefit schemes.
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.
General
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
Care Homes
Independent healthcare
Service provision changes and the principal purpose test
21/03/17
A decision that will be of interest to all those involved in the commissioning and provision of services and care plans.
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
Emergency services
Police and fire: Which model?
13/03/17
An insight into the effects of The Policing and Crime Act 2017.
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
General
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.
General
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
Independent healthcare
CQC announces new partnerships with charities plus charity sector update
28/02/17
The Care Quality Commission (“CQC”) has established new partnerships with six national charities
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
Emergency services
Emergency services collaboration: the workforce challenges
07/02/17
The significant legal obligations in the policing and crime bill are due to become law in April 2017.