Healthcare - February 2008
In this edition we provide you with an update on legal
developments in continuing care...
...zero tolerance, protection from harassment, deaths in
custody and freedom of information.
Weightmans news
Weightmans gets even healthier!
In our
last e-bulletin we reported that Weightmans has been appointed to
provide legal advice to more than 130 Trusts on behalf of the
Healthcare Purchasing Consortium. We are now pleased to report that
Weightmans has also been appointed as legal advisor to 27 Trusts in
the South East Coast Hub.
More new
faces
Weightmans made an early scoop in 2008 with the
appointment of DLA Piper partner Mark Leach who has joined the
firm’s Employment Team in Manchester. Mark has extensive employment
law experience with a particular expertise in collective employment
issues such as industrial relations, outsourcing and
restructuring.
Mark plans to increase the
diversity of Weightmans employment related instructions and to
reinforce the firm’s standing as a leading employment adviser.
We look forward to working with Mark to explore the issues of
concern to our healthcare clients. Mark is contactable at the
Manchester office and at mark.leach@weightmans.com
Inquests now explained!
In the last
edition we reported that we were running a one day event for NHS
Trusts, looking at life in the Coroners’ Court. This was of such
interest to our clients that the course was massively over
subscribed and we ultimately ran two day-long events. The feedback
from these events has been overwhelmingly positive and those of you
who attended seemed to find it of real, practical benefit. Thanks
to all those who came along and in particular those who were
seconded to sit as jurors at the mock inquest. We feel that justice
was not only done but was seen to be done!
Requests for advice and assistance in relation
to inquests should be directed in the first instance to Richard
Jolly in Liverpool at richard.jolly@weightmans.com
‘Claims Handling – a
guide’
Our first educational offering this year
provides an opportunity for Trusts to go back to basics and to
examine the life cycle of a claim. This course includes tips on how
to deal with the disgruntled patient and charts the progress of a
complaint through to litigation, the disputation and settlement of
a claim, the pitfalls in the process and how to avoid them. The
course is designed for all those involved in the complaints and
litigation process. It is being offered free of charge to
Weightmans clients at a venue to be agreed.
Requests for further information about the
Claims Handling course should be directed to Georgina Rowley in
Manchester at georgina.rowley@weightmans.com
Plugging the Bournewood Gap – get to
grips with the Government’s proposals
The new Mental
Health Act received Royal Assent in July 2007. Our clients will
know that, amongst other things, the Act is being used as a vehicle
for introducing deprivation of liberty safeguards into the Mental
Capacity Act 2005. The government currently intends
the proposals to come into effect in October 2008. When
introduced, the proposals will have a huge impact on PCTs and
Mental Health Trusts.
Weightmans will be holding practical training
sessions for Trusts on the Bournewood proposals in 2008. Those
interested in receiving further details should contact Morris Hill
in our Liverpool office or at morris.hill@weightmans.com
Continuing Care
The issue of NHS funded continuing healthcare
persists to hit the headlines only weeks after the new National
Framework came into operation. Morris Hill looks at the proposals for dispute
resolution under the new National Framework for Continuing Care and
the Court of Appeal’s recent approach to arguments concerning the
rationality of health and social services organisations’
commissioning responsibilities in judicial review
proceedings.
Zero Tolerance
The NHS Security Management Service recently
announced that there were over 55,000 physical assaults against NHS
staff in 2006/07. Richard Jolly considers an employer’s liability for
staff injuries caused by acts of violence and abuse and provides a
risk management strategy in relation to zero tolerance.
Protection from harassment
Since 1997 employees have been afforded
protection from harassment not only by discrimination legislation
but also under the Protection from Harassment Act. Stuart Jones considers the recent
case of Conn v Sunderland City
Council and an employer’s duty to protect their staff from
harassment.
Deaths in custody
Georgina Rowley considers the case of Anna
Savage v South Essex Partnership NHS Foundation Trust and
the Court of Appeal’s confirmation of the test to be applied in a
death in custody case, in order for a breach of Article 2 of the
ECHR to be established.
Freedom of information – the exemption in respect of personal
data
Recently, there has been a tendency for
relatives whose request has been refused under the Access to Health
Records Act 1990 (AHRA), to apply for records under the Freedom of
Information Act 2000 (FOIA). Simon Charlton discusses the case of
Pauline Bluck v Information Commissioner and Epsom and St
Helier University NHS Trust and exemptions from disclosure
of patient identifiable information under the Freedom of
Information Act.
Vulnerable adults
There are often difficult decisions to be made
about the contact between a vulnerable adult and their partners and
family who, whilst on the one hand are a much needed point of
emotional contact for the vulnerable adult concerned, on the other
do not consistently act in a way conducive to their best interests.
Georgina Rowley
considers the case of Re MM (an adult) and the Court’s approach to
balancing a vulnerable adult’s right to private and family life
with a need to protect that adult from the sometimes harmful
influences of those closest to them.
Nearest relative – The Mental Health Act 2007
Georgina Rowley provides a brief guide to the long
awaited changes to the nearest relative provisions in the Mental
Health Act 1983.
Unlawful killing – The Cabrera Inquest
The recent press interest in the
unlawful killing verdict returned at the inquest into the death of
Mayra Cabrera at Swindon & Marlborough NHS Trust has been
intense. Laura Hale reports on the much publicised Cabrera
inquest - a cautionary tale for NHS Trusts facing inquests after
April 2008 when the Corporate Manslaughter and Corporate Homicide
Act comes into force.
Data Protection – how to avoid a disclosure catastrophe
Data Protection has never been so newsworthy.
Simon Charlton
discusses the duty of confidence which arises under the Data
Protection Act, explores the consequences of an unauthorised
disclosure of sensitive personal data, and sets out some practical
steps to safeguard your organisation against a breach of confidence
claim.
Employment news
The following link takes you to our most
recent Employment newsletter which you may also find of interest.
Employment
newsletter - February 2008
This update does not attempt to provide a full analysis of those
matters with which it deals and is provided for general information
purposes only and is not intended to constitute legal advice and
should not be treated as a substitute for legal advice. Weightmans
LLP accepts no responsibility for any loss that may arise from
reliance on the information in this update. The copyright in this
update is owned by Weightmans.