Care rates continue to increase, but by how much?

On 26 October 2021 the Office for National Statistics released the latest data from the Annual Survey of Hours and Earnings (ASHE). These are provisional figures based on estimates of income from a 1% sample of workers’ HMRC records for the tax year ending 5 April 2021, and they will be revised and updated in due course as the data is finalised. The provisional data provides a steer on how the earnings across all industries are changing. Those dealing with catastrophic injury claims will be particularly interested in the data relating to care workers as the rates are directly applicable to the recalculation of existing periodical payment orders.

The latest data shows an average increase in care rates across the 60th-90th percentile of 2.6%. Practitioners will be aware that the hourly rates actually compensated within a catastrophic injury claim are typically significantly higher than those quoted in ASHE, given that ASHE covers all care workers (most of whom are state funded) whereas a catastrophic injury claim is typically compensated on the basis of a private care package which can be twice the hourly rates quoted within ASHE. That being said, the rates might offer an indication of trends in care costs generally.

Continue reading “Care rates continue to increase, but by how much?” →

The Assisted Dying Bill: the potential regulatory implications for health professionals

On Friday 22 October, Baroness Meacher’s Assisted Dying Bill progressed to the Committee Stage after being debated in the House of Lords. If enacted, it will undoubtedly be a seminal moment in healthcare law. It would permit medical professionals to lawfully prescribe end of life medication to terminally-ill adult patients of mental capacity who are reasonably expected to die within six months (and voluntarily making such a request), essentially legalising physician-assisted suicide. Although the majority of speakers were in favour of the bill, Hansard reveals how many members hold great concern for the safeguarding of vulnerable individuals and for the impact the bill may have on the public’s trust in doctors. It is therefore entirely understandable why this issue is prompting such widespread debate.

Continue reading “The Assisted Dying Bill: the potential regulatory implications for health professionals” →

Gardner v Secretary of State for Health and Social Care – Judicial Review Further Update

The public challenge brought by claimants Dr Cathy Gardner and Fay Harris in respect of the government’s COVID-19 hospital discharge policy reconvened on Friday, 22 October. The days’ submissions followed from the adjourned hearing on Tuesday, 19 October, reported here. This blog will explore the key issues addressed at the hearing, and consider the way forward for the claimants’ case.

Continue reading “Gardner v Secretary of State for Health and Social Care – Judicial Review Further Update” →

Gardner v Secretary of State for Health and Social Care – Judicial Review Update   

The judicial review of the government’s early response to COVID-19, specifically in respect of discharging COVID-19 positive patients into care homes, commenced yesterday with Lord Justice Bean and Mr Justice Garnham presiding. Permission for the review was granted on all grounds by Justice Linden following an appeal by the bereft claimants Dr Cathy Gardner and Fay Harris. This blog will explore the key issues addressed at the hearing yesterday.

Continue reading “Gardner v Secretary of State for Health and Social Care – Judicial Review Update   “ →

Report critical of the UK’s handling of the coronavirus pandemic and effect on care homes

A joint report by the House of Commons All Party Health and Social Care and Science and Technology Committees says the UK’s failure to prevent the spread of COVID-19 pandemic was one of the worst ever public health failures. 

Focusing predominately on England, the report criticises delays in introducing a county wide lockdown.  The delays in dealing with the pandemic meant that certain vulnerable groups such as care home residents and people with learning disabilities were particularly susceptible to the virus, and the government did not prioritise the social care sector at the outset.  In particular the report criticises the rapid discharge of patients from hospitals into care homes.  Also lack of testing of social care staff meant that the virus could enter care homes from the community.   

Continue reading “Report critical of the UK’s handling of the coronavirus pandemic and effect on care homes” →

What is the UK’s legal position on compulsory vaccination?

It has been confirmed that the COVID-19 vaccination will become compulsory for staff that care for the elderly and vulnerable. In enforcing such a requirement, organisations are likely to face a number of issues and potential pitfalls, and it is important therefore to explore the key steps if you are considering introducing compulsory vaccination for staff or those deployed in the organisation.

Continue reading “What is the UK’s legal position on compulsory vaccination?” →

Judicial review of Government response to COVID in care homes: imminent hearing in England & significant developments in Scotland

Last November we reported on Mr Justice Linden’s decision to grant permission for judicial review on all grounds of the UK government’s policies and measures which had a bearing on the protection of care homes during the COVID-19 pandemic. The claim, which relates to patient discharge policy in England, will be heard later this month. In respect of Scotland, recently released information by public health authorities appears to acknowledge some important difficulties there in the early part of last year. This blog explores the key issues in both jurisdictions and sets the scene for the (English) judicial review later this month.

Continue reading “Judicial review of Government response to COVID in care homes: imminent hearing in England & significant developments in Scotland” →

Mandatory vaccinations and medical exemptions of care home workers – government u-turn or a temporary reprieve?

It has recently been reported that care home workers are able to opt-out of the mandatory COVID-19 vaccination requirement by self-certifying that they are medically exempt.

Thursday 16 September 2021 was meant to be the deadline for all carers to have received their first COVID-19 vaccination. This mandatory vaccine requirement for all care home staff has been a source of constant debate since it was announced, with growing concerns that a significant number of care homes may be forced to close and thousands of staff from an already depleted workforce risked losing their jobs if they declined to have the vaccine. The government has been lobbied by both providers and unions that care home workers had been “singled out” and the very real possibility of the doomsday scenario of a mass exodus of care home staff in England, so it perhaps does not come as a great surprise that Whitehall has taken some evasive action (perhaps with an indication as to how many staff had refused the vaccine). However, how effective will this self-certification opt out process be and is it only a temporary fix to what has become a polarising political issue.

Continue reading “Mandatory vaccinations and medical exemptions of care home workers – government u-turn or a temporary reprieve?” →

ACAS guidance published – getting the COVID-19 vaccine for work

Our latest blog post commented on the new Government rules coming into effect from 11 November 2021 around vaccination for anyone who works inside a CQC registered care home in England. ACAS has published new advice for care home staff in England setting out how employers can approach the issue with their staff.

Following the suggestion that mandatory vaccination in a care home setting could lead to around 3-12% of care home staff being no longer able to work, the advice from ACAS focuses on helping employers to support staff and to provide strategies to avoid potential disciplinary action or dismissal.

Continue reading “ACAS guidance published – getting the COVID-19 vaccine for work” →