Removing COVID restrictions – what will be the effect on the Social Care Sector?

The vast majority of COVID-19 restrictions are set to be removed in England on 19 July.  It’s worth noting that deaths in care homes with the involvement of COVID-19 have reduced substantially in recent months – see here for the most recent ONS statistics on reported deaths from care homes. But will this downward trend continue once restrictions are removed generally across the population, especially in view of rising infection levels? 

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Tort reform ideas outlined in maternity safety report?

Last week the Commons Health and Care Select Committee published what is likely to be a very significant report examining safety issues in NHS maternity care. The primary focus of the report is improving patient safety by learning from well-documented failings in East Kent, Shrewsbury and Morecambe and the report makes important recommendations on this aspect. A second strand of the inquiry was to review the effect that the current clinical negligence claims and litigation process has on improving outcomes and to consider if changes are necessary. The Committee found that they are and this blog summarises its recommendations on that topic.

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Optics: Remembering the basics during these extraordinary times

As the optical profession adapts to a new way of working, there are a number of themes that run through the guidance produced by the General Optical Council and professional bodies in response to the COVID-19 pandemic; professional judgement, communication and record keeping. Keeping these fundamental principles in mind should help practitioners navigate their way through these turbulent times.

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What is the appropriate measure of diffidence/deference to be accorded to the MPT?

Dr Sastry & Dr Okpara v GMC [2021] EWCA Civ 623

Both Dr Sastry and Dr Okpara appealed against decisions by the Medical Practitioners Tribunal (MPT) to erase their names from the register. Both appeals were dismissed at first instance as the High Court on each occasion was reluctant to interfere with the original tribunal’s decision.

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Government partially amends Coronavirus Act 2020 easements

We wrote this time last year about the introduction of easements to the 2014 Care Act via the Coronavirus Act 2020 (see here).  These easements allowed local authorities not to carry out certain duties placed up on them by the 2014 Act if the workforce was significantly depleted due to the pandemic or Care Act duties could not be met due to demand. 

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Care homes vaccinations consultation

Government launches consultation on staff COVID-19 vaccines in care homes with older adult residents.

A five-week consultation has been launched in a bid to further protect care home residents who are among the most vulnerable to COVID-19. The consultation is seeking views from staff, care home providers, stakeholder, residents and their families on a proposal to make vaccines compulsory, by making it a condition of employment for all staff who are deployed in care homes with older residents.

In practice and in order to achieve this, the Government is considering amending the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which would mean that older adult care homes could legally only deploy staff who have received the COVID-19 vaccination, unless they are exempt for medical reasons. It appears that cultural or religious objections to the vaccines will not be exempt.

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Regulatory Reform – the wheels are in motion

On 24 March 2021 the Department of Health and Social Care published an open consultation “Regulating Health Care Professionals, Protecting the Public“.  The consultation is set to run until 16 June 2021.

The consultation has been keenly awaited and follows the Government response of July 2019 to a consultation run in 2017.  Whilst change has been delayed owing to issues such as Brexit and, of course, the pandemic, it seems we are edging closer to reform of professional regulation.

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CQC publishes report “Protect, respect, connect – decisions about living and dying well during COVID-19”

The CQC has completed its review of  ‘do not attempt cardiopulmonary resuscitation’ decisions during the coronavirus (COVID-19) pandemic and has published its findings on 18 March 2021 CQC report – Protect, respect, connect. It has, rightly, received much publicity which will hopefully mean that the recommendations contained in the report will be followed.

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Further calls for tech developments for the Social Care Sector

We have previously written on this blog about the growing use of technology in the social care sphere, and how existing tech can be adapted and developed in particular for use in the care of the elderly. Now, an open letter has been written to the Prime Minister urging him to prioritize funding for the development of technology in the social care sector (see here for a copy of the letter ). The letter is written by PainChek, a medical technology company and is supported by various social care bodies such as Care England, the National Care Forum and the National Care Association. The letter emphasises that dementia and Alzheimer’s disease are the country’s biggest “silent killer” and seriously affect the lives of many people.

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Memorandum of understanding agreed between Equality and Human Rights Commission and the CQC

The Care Quality Commission (CQC)  is the independent regulator of health and social care in England. The Equality and Human Rights Commission (EHRC) is an independent statutory body responsible for the encouragement of equality and diversity and the protection and promotion of human rights in Britain.

Applying to England only, these bodies have agreed a memorandum of understanding detailing improved co-operation and exchange of information between them on equality and human rights issues.

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