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Visiting in care homes fundamental standard: CQC’s final guidance
CQC’s final guidance on visiting and accompanying in care homes has now been published for providers.
An introduction to s.21A Mental Capacity Act 2005 challenges
Rachael Hawkin discusses Court of Protection proceedings s.21A Mental Capacity Act 2005 challenges
Regulating the Regulator – make yourselves heard
Throughout the pandemic, the CQC have kept their regulatory approach under review to recognise the changing pressures health and social care services find themselves under.
Liberty Protection Safeguards – an update
Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.
The Court of Protection: a Brief Introduction
The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions.
The Fundamental Standards, Regulation 12: Safe Care & Treatment – Are you compliant?
As part of our series of articles addressing the Fundamental Standards and how you need to ensure your service meets those standards, here we consider Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Safe Care & Treatment (“the Regulation”). It is important to note that the Fundamental Standards are a set of regulations. Each regulation is not entirely divisible from the other. For example, if you are not compliant with Regulation 18 (Staffing) and 19 (Fit and proper persons employed) it is unlikely you will be able to demonstrate compliance with Regulation 12(c).
Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
Who regulates the regulator – part two
In January 2020, we saw troubling reports of flawed reporting processes, with the CQC retracting a not insignificant number of reports due to duplication, necessitating re-inspections to enable providers to have confidence in the CQC’s ratings and findings.
Social Care Newsbrief Spring/Summer 2018
Welcome to the Spring edition of the Hempsons’ Social Care Newsbrief, a round-up of some of the hot legal topics in the social care sector.
Lasting Powers of Attorney – Considerations for providers
An LPA is a legal document registered with the Office of the Public Guardian, which names another (an ‘attorney’) to make best interest decisions on their behalf (‘the donor’). Anyone who currently has capacity can appoint an attorney to make decisions on their behalf, should they lose the capacity to do so themselves in the future.