Can employers force frontline carers to be vaccinated?

In the last few weeks we have seen a number of well known care providers introducing new policies, whereby new staff will be required to have the COVID vaccine prior to starting work. Some care providers have gone as far as requiring current care staff to be vaccinated, unless they are unable to on medical grounds. Some care providers have seemingly made it clear that if staff members refuse, purely out of choice, then this will make them ‘unavailable to work’ within frontline care settings. It seems that this decision has been made, amid concerns over the uptake of the vaccine amongst care workers across the UK.

No doubt, these decisions have been made to ensure the protection of those being cared for, as well as for staff members. However, with more care providers deciding to take this step, the question is now whether this raises employment concerns, for discrimination and unfair dismissal, amongst other things.

Continue reading “Can employers force frontline carers to be vaccinated?”

No-fault compensation – could it work in the UK?

Early this month the Health Minister Nadine Dorries told the Health and Social Care Committee that a no fault compensation system is under review and could involve all claims against the NHS. Her comments were made to the Select Committee which is looking at the safety of maternity services in England following issues arising at Shrewsbury and Telford and East Kent NHS Trusts.

Continue reading “No-fault compensation – could it work in the UK?”

Government backed indemnity schemes announced for ‘COVID-19’ positive care homes and Community Pharmacies administering vaccines

We have previously written about the UK government’s plan to set up designated settings for persons leaving hospital who require a care home but have a diagnosis of COVID-19.  This was originally outlined in the Adult Social Care Winter plan released in November, and each local authority was required to put in place plans to set up such facilities.  Part of the set up problems was the willingness of the insurance market to provide cover for these settings. 

In a written statement this week (18 January 2021), the Vaccines Minister Nadhim Zahawi has confirmed provision of a temporary government backed indemnity to provide cover for clinical negligence, EL and PL cover in the circumstances where a care provider cannot secure sufficient cover, or cover at all via the commercial insurance market.  The scheme is intended to run only until the end of March 2021 and, as such, has the feeling of a ‘stop gap’ solution.

Continue reading “Government backed indemnity schemes announced for ‘COVID-19’ positive care homes and Community Pharmacies administering vaccines”

Potential impact of carers refusing to be vaccinated

As shown in the BLM Policy blog of 15 December 2020 (link here), COVID-19 (C-19) compensation claims appear to be gathering some momentum although, at this point, the total number of such claims that have been officially registered with the Compensation Recovery Unit of the UK Department for Work & Pensions remains very low.

As we have noted previously, new and untested questions on standard of care and legal causation would likely arise in any litigated C-19 claim. In this blog, we re-visit certain aspects of these potential questions in the context of vaccinations for care home staff.

Continue reading “Potential impact of carers refusing to be vaccinated”

The continuing search for answers on COVID-19 and care homes north and south of the border

North of the border

As at 29 November 2020, there had been 2,315 COVID-19 (C-19) related deaths in Scottish care homes. On 27 May 2020, the First Minister of Scotland committed Scottish Government to holding a public inquiry into the handling of all aspects of the C-19 pandemic, including those relating to care homes, however calls are growing for a more immediate inquiry into the care home aspects.

Continue reading “The continuing search for answers on COVID-19 and care homes north and south of the border”

Assistive technology in a reformed social care system

We wrote in 2019 about the role of assistive technology in how it could help social care users.  A new Commission by two care bodies has now been launched to explore the role of assistive technology in a reformed social care system.  The COVID-19 pandemic has shown the weaknesses and frailties of the UK social care system.  What role could assistive technology play in creating a more robust social care system for the future?

Continue reading “Assistive technology in a reformed social care system”

High Court gives permission for judicial review into care home policies taken at start of pandemic

We wrote at the end of October about the crowdfunded legal challenge being brought against the UK Government in relation to their response to care homes at the start of the COVID-19 pandemic. Yesterday, in a remote hearing, Mr Justice Linden gave permission for this legal challenge to proceed to a full hearing.

The claimants, Dr Cathy Gardener and Fay Harris, are seeking a judicial review of the policies and related measures which had a bearing upon the protection of care homes between March and June 2020. They first formally brought their legal challenge in June, following the death of their fathers (who were both residents in care homes) from COVID-19 in April and May this year. As we have often reported in this blog, tens of thousands of care home residents have tragically died in care homes from (either confirmed or probable) COVID-19, since the beginning of the pandemic.

Continue reading “High Court gives permission for judicial review into care home policies taken at start of pandemic”

Workforce burnout and resilience in the NHS and social care – Health and Social Care Committee Oral Evidence

The Health and Social Care Committee, chaired by Jeremy Hunt MP, has launched a new inquiry to examine workforce ‘burnout’ across the NHS and social care. The focus of the committee is on workforce planning, including the effectiveness of the NHS People Plan. The level of training needed to meet the demands of the Health and Social Care Sector is also being examined.

With the media’s focus throughout the pandemic being fixed upon the rising number of COVID-19 cases and the mortality rate,  it is easy to forget the impact being felt by frontline workers. The Committee has now heard from a number of key witnesses whose evidence has shone a light on the struggles being faced.

Continue reading “Workforce burnout and resilience in the NHS and social care – Health and Social Care Committee Oral Evidence”

Visits to care homes during lockdown

The topic of visiting care home residents continues to hit the headlines this week. 

The government published guidance for visiting care home residents this week. Previously care home visits had been banned in Tier 2 and 3 areas.  The new guidance confirms that visits may continue during the lockdown period for England, so long as this is done in a COVID secure manner, using for example PPE and social distancing, and recording visits for Test & Trace. The new guidance comes following widespread pressure from charities and industry bodies to allow visits.

Continue reading “Visits to care homes during lockdown”

No testing for CQC inspectors: does it risk a breach of the requirement to provide safe care?

The Department of Health and Social Care has made the decision to deny testing to Care Quality Commission (CQC) inspectors, placing service providers at risk of breaching their requirement to provide a safe care environment.

Continue reading “No testing for CQC inspectors: does it risk a breach of the requirement to provide safe care?”