Healthcare - July 2011
Welcome to the Summer Edition of Weightmans Healthcare
Bulletin
Welcome to the Summer Edition of Weightmans Healthcare Bulletin.
This edition covers the Health and Social Care Bill and its impact
on the NHS; internal employment related disciplinary procedures and
the potential engagement of Article 6 (right to a fair
trial/hearing); emerging themes within the complex world of
procurement; information governance and when confidential
information may not in fact be confidential; and provides practical
guidance when preparing for Inquests and HSE Inspections.
Upcoming events
We are delighted to be exhibiting at the NHS
Confederation Annual Conference and Exhibition 2011 taking
place on 6 - 8 July 2011 at Manchester Central Convention Centre.
For more information about how we can support you and your
organisation, please visit us at stand B32c. We look forward to
seeing you there.
Featured articles
Court of Protection: Reporting Restrictions
Balancing Convention (ECHR) rights in the Court of Protection –
should hearings be in private or public? Emma Galland, Solicitor looks at two recent cases on
the topic.
Who would be a Governor?
The Health and Social Care Bill 2011 introduces radical changes
to the way NHS Foundation Trusts are managed and governed. In this article not only do we consider the new
proposals and their effect but Gareth Griffiths, Partner asks ‘who
would be governor?’
The impact of the Health and Social Care Bill 2011 on
Foundation Trusts
The largest single piece of NHS legislation ever proposed
containing fundamental changes to the structure and operation of
the NHS including the transfer of property assets following the
abolition of PCTs. Matthew Williamson,
Associate considers the Disposal and Charging of Assets
Information Governance in the Healthcare
Sector
Two recent decisions have re-emphasised the point that NHS
bodies cannot assume that information which they may view as
confidential, will be treated as such by Courts or by those
interpreting the legislation. Simon
Charlton, Associate looks at these decisions, the developments and
offers general advice.
Preparation, Preparation, Preparation
Preparation is the key to being able to respond to inquests
which are becoming more complex, challenging and lengthy. Kiran Bhogal, Partner and Emma Galland, Solicitor
considers the key areas to address when preparing for an
inquest.
Breakdown of relationships justifies
dismissal.
Disciplinary procedures do not have to be followed in cases of
dismissal due to breakdown in trust and confidence. Annabel Price, Paralegal and Kim Abbott, Solicitor
consider the case of Ezsias v Glamorgan NHS Trust
[UKEAT/0399/09]
EU procurement update
In this six month review, we see predicted trends and highlight
some emerging themes in the world of procurement. Martin Vincent, Solicitor provides the update on EU
procurement for the first half of the year.
Preparing for a Health and Safety Executive
inspection
Practical guidance for NHS Trusts from Nick Wilson, a former HSE Inspector and Dewi Ap
Thomas, Solicitor provide some useful tips for preparing for a HSE
Inspection
Puri v Bradford Teaching Hospitals NHS Foundation
Trust
And finally … Laura Hale, Solicitor,
considers Article 6 and the independence of the disciplinary panel
as considered in R (on the application of Puri) v Bradford Teaching
Hospitals NHS Foundation Trust 2011.
We hope you find our bulletin informative and we would welcome
feedback on ways in which we can ensure that the bulletin best
meets with your needs. If you require any further information on
the articles within this bulletin or issues generally, please
contact Kiran
Bhogal who will be happy to assist.