Posts Tagged ‘NHS’

Making secure healthcare secure

Friday, May 27th, 2011

Today Paul Burstow, Care Services Minister, has announced that responsibility for commissioning health services for children and young people in secure Children’s homes and secure training centres is to pass to the NHS. Until now each secure home or centre has commissioned its own health services.

At first glance this makes practical sense. The NHS has had this role for young offender institutions and prisons since 2006. Claims that this will help ensure consistency between each establishment, and continuity of care once the individual leave the secure establishment, seem plausible.

But where precisely within the NHS will this responsibility sit, and for how long? Will it rest with soon-to-be-abolished PCTs or SHAs? Will it then pass to soon-to-be-established GP consortia, or the National Commissioning Board?

There is great uncertainty about the future of health commissioning generally due to the lack of detail in the Health and Social Care Bill, and exacerbated by recent political friction which casts doubt of how much of the bill will survive into law. The practical implementation of today’s announcement will be watched closely for clues as to the future.

Posted by Chris Webb-Jenkins, who specialises in defending claims against education and care providers and their insurers; risk management, stress, information management and child protection issues.

Christ Webb-Jenkins

Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com

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Elderly patients to bring age discrimination claims against the NHS

Monday, February 21st, 2011

The government have announced new rights are to be given to patients to bring a claim against the NHS if they have been discriminated on the grounds of their age. The new provisions in the Equality Act will prohibit in law discrimination in the provision of services such as medical treatment and operations on the grounds of age, such as the patient is too old. This will be the first time that discrimination on the grounds of age has been prohibited in the provision of goods, facilities or services to the public.

The Department of Health has said that it is likely to seek a number of exceptions to the provision including limiting cancer screening to people under 70. However, it is likely that the DOH will have to produce medical evidence to justify such an exception.
A consultation is to be carried out in March with a view to making the change in April next year.

Posted by Gemma Steele, who specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.

Gemma Steele

Gemma Steele
0121 237 4561
gsteele@brownejacobson.com

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Healthy scepticism?

Wednesday, December 1st, 2010

The Government have published a White Paper on Public Health yesterday, titled “Healthy Lives, Healthy People”.

Some of the key principles – such as moving responsibility for public health into Local Authorities – were heavily trailed in the preceding White Paper “Liberating the NHS”, which set out plans for the abolition of PCTs and SHAs, with their responsibilities to be redistributed between Local Authorities, consortia of GPs, and a new National Commissioning Board.

“Healthy Lives” confirms that there is to be a new “integrated public health service” – Public Health England – from 2012, but it is not at all clear how it will work effectively together with Local Authorities or the Commissioning Board and, crucially, with the new GP consortia, who will manage the majority of the NHS budget in future.

As with “Liberating the NHS”, there is a now consultation – open until 8 March 2011 – before we get the detailed proposals.

Posted by Ben Troke, who specialises in clinical negligence; health law; access to NHS and social care and funding; Court of Protection / Mental Capacity Act; Deprivation of Liberty Safeguards; NHS Constitution and patient rights.

Ben Troke

Ben Troke
0115 976 6263
btroke@brownejacobson.com

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Keeping a hold of personal budgets

Wednesday, October 20th, 2010

Personal health budgets were given a boost in the comprehensive spending review today when George Osborne announced that greater freedoms would be given to patients to commission services directly from independent providers by the NHS.

The announcement builds on the personal budget initiatives which have been piloted by both local government and the NHS since the launch of the “putting people first” agenda. Granting service users greater freedoms to commission their own care raises a plethora of issues do not appear to have been addressed yet by local authorities or the NHS in the pilot schemes.

Not least the fact that many of these service users will require access to budgets in both sectors and that packages of care will therefore necessitate increasingly integrated pathways of care. It seems likely therefore that central control will be necessary for a lot longer to ensure a co-ordinated approach that puts the service user at the heart of the services and any decisions related to the same.

Posted by Emily Birkett, who specialises in advice to NHS bodies ; their local authority partners and related organisations in commercial law, contracting, procurement , competition governance and all aspects of primary care.

Emily Birkett

Emily Birkett
0115 976 6175
ebirkett@brownejacobson.com

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Giving with one hand and crippling with the other?

Wednesday, October 20th, 2010

The Comprehensive Spending Review announced today has, for the health sector, largely confirmed what we already knew – that NHS funding will increase in real terms until 2014-2015 rising over and above inflation.

However, the Chancellor also made clear during his announcement that there is a clear onus on NHS organisations to continue to drive reform forwards and improve savings and productivity.

Any savings will be re-invested in the NHS but greater responsibility for ensuring accountability and value for money during a period of such massive organisational change surely means there is a risk not only that any savings will be lost but also (and more importantly) that the pressure of successfully delivering the most significant structural changes in the NHS since its inception just increased.

Posted by Emily Birkett, who specialises in advice to NHS bodies ; their local authority partners and related organisations in commercial law, contracting, procurement , competition governance and all aspects of primary care.

Emily Birkett

Emily Birkett
0115 976 6175
ebirkett@brownejacobson.com

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Does bigger mean better? Potentially

Wednesday, August 4th, 2010

David Cameron launched the Conservative vision of a ‘Big Society’ as a central part of their election campaign earlier this year and this week announced the second wave of the NHS strand of this initiative – the Right to Request.

The Right to Request allows primary care staff the right to request to set up social enterprises and this week’s announcement includes 15 new projects which range from increasing access to psychological therapies, improving end of life care and a wider range of children services.

In an era with an increased focus on choice and effective commissioning this move has the potential to encourage the development of projects based on local knowledge. It is conceivable that this in turn may initiate different and new ways of providing personalised health and social care services which deliver greater quality and value for money and support the continued integration of these care pathways from the bottom up.

Emily Birkett

Posted by Emily Birkett
0121 237 3934
ebirkett@brownejacobson.com

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Supporting greater integration: a trust issue?

Friday, July 30th, 2010

In case there was any doubt about the role which Government expects from local authorities in reforming public services, the NHS White Paper reiterated it when it was released two weeks ago.

Councils will lead the:

  • Promotion of integration and partnership working between the NHS, social care and public health;
  • Building of partnerships for service changes.

Perhaps the time is right for the creation of a new type of service delivery organisation – the “Adult Trust”. The Children Act 2004 gave momentum to the concept of the Children’s Trust: organisations which would bring together professionals from different public sector organisations to facilitate the delivery of a truly seamless service to children.

That momentum did not last, but budget cuts are now a fact of life, and radical service reform is essential. “Adult trusts” could combine truly multi-disciplinary teams, pooled budgets, and operational autonomy. Further they could meet the Coalitions main public sector objectives – greater efficiency without compromising greater quality of care.

Chris Webb-Jenkins

Posted by Chris Webb-Jenkins
0115 976 6175
cwebb-jenkins@brownejacobson.com

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So much to say!

Tuesday, July 13th, 2010

The long awaited White Paper Equity and Excellence: liberating the NHS launched yesterday has been proclaimed as ‘the most radical overhaul of the NHS since its creation in 1948′.

The White Paper confirmed that primary care trusts and strategic health authorities will be scrapped by 2013. Responsibility for commissioning will pass to GP Consortia under an NHS Commissioning Board whilst local authorities will become responsible for assuming PCTs public health functions and leading the integration of health and social care at a local level.

Although much of the detail of the proposals has yet to be finalised the White Paper makes one thing abundantly clear: the impetus on integration and partnership working between the NHS, social care and public health is a top priority and the need for the NHS and local organisations to build partnerships to manage these service changes now and make the NHS a ‘truly world class service’ just stepped up a gear.

Emily Birkett

Posted by Emily Birkett
0121 237 3934
ebirkett@brownejacobson.com

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A waste of time

Tuesday, June 8th, 2010

Christopher Dearlove, a 41 year old homeless man, was recently issued with a three year criminal anti-social behaviour order (ASBO) for costing the NHS tens of thousands of pounds in wasted care. This action by the NHS CFSMS shows that Trusts acting together gives the NHS a powerful weapon to fight back.

Whilst it sends out a strong message to the wider public enforcing the ASBO could be problematic. The court will be reluctant to punish Mr Dearlove if he presents again but it is borderline as to whether he is genuinely ill.

Whilst the evidential burden to obtain an ASBO is quite low, gathering sufficient evidence for a case like this will also have been very time consuming and it no doubt took many years before anyone realised the problems.

The only failsafe way to spot this sort of problem early on would be through a national identity card system combined with an electronic patient record – so for the foreseeable future old-fashioned vigilance and common sense will have to be the watchwords for the NHS.

Ian Long

Posted by Ian Long
0115 976 6194
ilong@brownejacobson.com

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