NHS

6-month custodial sentence for exaggerated medical negligence damages claim

The case of Calderdale and Huddersfield NHS Foundation Trust v Linda Metcalf highlights the very serious consequences of dishonest and exaggerated claims against the NHS.

A review of the Fit and Proper Persons Test

On 6 February 2019, the Government published Tom Kark QC’s report of his review of the “Fit and Proper Persons Test” (FPPT).

A summary of procurement updates from the past couple of weeks

The last couple of weeks has seen a number of updates in procurement law. This article highlights what these are.

A summary of the Dr Bawa-Garba case – and what this may mean for trusts

A summary of the Dr Bawa-Garba case - and what this may mean for trusts

Accountable care – the art of the possible

The NHS continues to develop plans for population-based integrated health systems. ‘A seven step guide to accountable care’ which we co-produced with NHS Providers earlier this year addressed  in brief how NHS organisations might respond to proposals for...

An employee can TUPE transfer to multiple employers

Employees really can be in two places at once (or at least TUPE transfer to two employers). See our review of ISS Facility Services v Govaerts in the European Court of Justice, overturning UK caselaw.

Are collaboration agreements contractual?

Primary care expert, Justin Cumberlege, considers whether entering into collaboration agreements may result in a legal liability for your practice.

Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension

The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.

Are probationary periods working for you?

Do you use probationary periods for new employees? Are you confident you’re using them correctly and getting the most out of them? Julia Gray comments on their use and highlights common mistakes made by employers.

Are you sure you own your practice website?

Intellectual Property is the term that is used to describe things that will be owned by someone but are not physical in nature.

Are your dentists really self-employed?

The issue of the self-employed status of associate dentists is also very much a hot topic at the moment – in particular, with a review HMRC has been conducting in recent times and the Employment Tribunal case of Mr A Lynn v. Damira Dental Studios Ltd.

Associates beware!

Most of you will be working as self-employed associates, rather than being employees of the dental practices that you work for. This means that your income as a dentist can be assessed as trading rather than employment income for tax purposes.

Bawa-Garba: the gross negligence manslaughter story latest

A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?

Be prepared for the statutory COVID-19 public inquiry

Earlier this month NHS England told local NHS organisations that they must start preparing for the statutory public inquiry into the COVID-19 pandemic. Any organisation might be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. Government said last month that a statutory public inquiry would begin in spring next year.

Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick

On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.

Big Data, Health Data

How to unlock the potential of health data within a compliant information governance framework.

Calling off frameworks – a cautionary tale for contracting authorities

The High Court has recently handed down judgment in the case of Consultant Connect Limited v NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board, NHS Gloucestershire Integrated Care Board, NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board [2022] EWHC 2037 (TCC).

Can a disability account for bad behaviour?

A recent Employment Tribunal decision serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition, employers should be cautious of departing from medical opinion.

Can a parent be displaced from Court of Protection proceedings involving their child?

In an unprecedented decision a Judge in the Court of Protection proceedings P (Discharge of Party), Re, has discharged the mother of the person who is the subject of these proceedings.

Capacity to consent to dental treatment: Re TE [2020] 5 WLUK 300

The judgment of Mrs Justice Knowles last week illustrates potential difficulties dentists may face if a patient lacks capacity.

Case Law Update: abandoning a procurement fails to dispose of challenge

The recent judgment in the case of Amey Highways Limited and West Sussex County Council [2019] EWHC 1291 (TCC) deals in detail with the implications of abandonment and the effect of an abandonment decision on an existing claim. The Council had undertaken a competitive dialogue process to select a provider of highways maintenance services. Amey were unsuccessful in that competition by a difference in score of 0.03% against the winning bidder, Ringway.

Case study: William v Lewisham & Greenwich NHS Trust

In the case of William v Lewisham & Greenwich NHS Trust, the EAT has reiterated that in a claim for detriment arising from whistleblowing, only the knowledge and motives of the decision maker are relevant to the Employment Tribunal’s considerations.

Case Update: Inadequate Record Keeping Invalidates Contract Award

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.

Claimant found guilty of criminal act cannot claim damages against negligent NHS trust

The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.

Claimant’s disabilities not caused by fault in antenatal care (AB v East Lancashire Hospitals NHS Trust)

The court decided that a belief, however strong, of an association or possible causal link not scientifically demonstrated is not proof of causation. Likewise, a widely held hypothesis or presumption is not proof on balance of probabilities of cause or, in legal context, of causation.

Client service uncovered: Hempsons ranked in Legalease’s survey

Hempsons is listed amongst the top 10 London firms in the survey.

Clinical negligence – Fatal accidents update and quantum cases of interest – April 2017

Our update on recent clinical negligence cases sees Hempsons comment on legal issues and quantum points arising. Click here to read more about these cases. Please speak to Stephen Maratos with any questions.

Clinical Negligence Cases of Interest – January 2017

Clinical negligence scheme for general practice – are you covered?

NHS Resolution has published a summary of the activities and roles which are covered by the clinical negligence scheme for general practice (“scheme”).

Clinical negligence: duty and breach

This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider:

Colbert v Royal United Hospitals Bath NHS Foundation Trust

This High Court case involved a claimant who issued proceedings seeking an interim injunction relating to the conduct of the Trust during the MHPS disciplinary process.

Commercial secrets and the public sector

Many commercial contracts have provisions on confidentiality. Many contracts include them as a matter of course, as they have become standard “boilerplates”

Commercial Tenants – Protection from Eviction

As part of measures to support businesses in these difficult times, the Government has announced that commercial tenants who cannot pay their rent because of COVID-19 will be protected from eviction.

Contempt of Court for grossly exaggerated claim against NHS Trust

Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT have succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS. The Court has issued an Order confirming that Mr Atwal will be sentenced on 01.06.18.

Costs in treatment cases in the Court of Protection

This recent case acts as a reminder that applications should be escalated and made as soon as reasonably possible.

Court of Protection guidance: When not to go to Court and how to when you do

The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.

Covid-19 employment law implications for your practice

We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.

COVID-19 public inquiry – Rt Hon Baroness Heather Hallett appointed as Chair

On 15 December the Prime Minister appointed the Rt Hon Baroness Heather Hallett DBE as Chair of the forthcoming public inquiry into the Covid-19 pandemic.

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.

Covid-19, the employer and the self-isolating member of staff

We know that if we have Covid-19, we need to protect those around us. Whilst that is essential and mandatory, so too is self-isolation for those who have been in close contact with someone who has Covid-19; but what should workers and their employers do?

Covid-19: Key legal considerations arising from the pandemic

Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.

COVID-19: The impact on the dental market – update 3

Hempsons' third update on the impact COVID-19 is having on the dental market

COVID-19: the impact on the dental market – update 4

Hempsons' summary and brief analysis of the latest guidance for NHS dental practices which was issued by NHS England on 13th July 2020.

CQC criminal prosecution of NHS Trust for breach of Regulation 12

The CQC has successfully prosecuted an acute Trust for failing to meet a fundamental standard of care. Whilst this is the latest criminal prosecution by the CQC for breach of fundamental standards, this case was the first in relation to failings in the standard of clinical care.

Custodial sentence for exaggerated claim against the NHS

Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court.  She has also been ordered to pay the Trust’s costs of the proceedings.  Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21. 

Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...

This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.

Delay to the new SQ until 1 June 2023

We published an update on 13 March 2023 to highlight the publication of the new Standard Selection Questionnaire within PPN 03/23.  This new version was stated to need to be used from 1 April 2023.

Developing and improving your surgery premises

Bryn Morgan, a partner in the healthcare law firm Hempsons, specialises in advising GPs on property matters. In this article he provides some guidance on improving your premises.

DHSC to introduce the PSR regulations into Parliament on 19 October 2023

It has been announced today by NHS England that the DHSC plans to introduce the Provider Selection Regime (PSR) regulations into Parliament on 19 October 2023.

Digital Newsbrief: Summer 2020

Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.

Digital transformation – are you prepared?

The Global Digital Exemplar programme was borne out of the recognised need for digital transformation to be undertaken by the UK’s heath system to ensure its future sustainability and maintain its ability to deliver high standards of care.

Digital transformation – are you prepared?

Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...

Disciplinary procedures and police investigation

In the case of North West Anglia NHS Foundation Trust v Gregg, the Courts looked at when an employer should halt its own internal procedures if the police are also investigating the same matter.

DNACPR Orders and COVID-19

In this article, Sophie Barbour explores what the law says about the way that DNACPR orders should be made in more detail and consider some practical solutions to difficulties being faced by clinicians in view of COVID-19.

Does anything change in terms of your procurement law obligations on 1 January 2021?

As we all know, the transition period is currently due to expire at 11pm on 31 December 2020. There may be further developments between now and then, but as matters stand, what will the procurement law regulations require as of 1 January 2021?

Don’t panic! But remote assessment for MHA detention is NOT allowed

The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.

Dress codes, headscarves and discrimination

The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.

Driving Forward System Working – A snapshot of early progress in collaborative commissioning

Hempsons were delighted to input into NHS Providers report on ‘Driving Forward System Working’ which demonstrates that positive progress has been made towards collaborative commissioning at system levels.

Efficiency initiatives: key issues to consider

NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.

Employee Retention Scheme (Furlough Leave)

Coronavirus employee retention scheme guidance is now out. This describes the circumstances where employer applications for the furlough payments can be made. Not all questions are answered and we do not know if there will be legislation to back this up. Here’s our summary:

Employment law 2020 roundup and what to expect in 2021

The most notable changes to employment law in 2020 were, unsurprisingly, in response to the Covid-19 pandemic. However, there were also a small number of other developments that may have fallen below the radar but which employers should be aware of.

Ensuring continuity of EPR service provision

Matt Donnelly discusses the procurement of EPR systems and the importance of a framework that is targeted to the digital needs of the NHS

Evolving times for PCNs

A clearer understanding of an exciting future for Primary Care Networks (PCNs) has been emerging and is analysed here by Robert McCartney.

Exemption to Competition Rules

The Government has passed emergency legislation to relax UK competition law to help the economy and the NHS to meet the challenges of the Covid-19 outbreak. This note looks at the provisions which have been passed in relation to England only.

Explained: the Provider Selection Regime for primary care services

The Provider Selection Regime (PSR) replaces the Public Procurement Regulations for the award of health care services contracts in England by commissioners. Justin Cumberlege explores the detail.

Extending mandatory COVID vaccination throughout health and social care

Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.

Failure to comply with the duty of candour lands NHS Foundation Trust with fine

An NHS Foundation Trust has, for the first time, been fined by The Care Quality Commission for failing to comply with its duty of candour to be open and honest with patients or their families if there is an incident in which they suffer harm

Fall out from Carillion requires careful consideration

With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.

FAQs for Contracting Authorities and Bidders

A comprehensive list of frequently asked questions for Contracting Authorities and Bidders.

Farewell to ET fees, but what next?

For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...

FCA Registration for dental practices

FCA registration is a legal requirement for dental practices offering payment plans to patients. Here's what to consider if buying a practice.

Fit for purpose? What the NHS needs to know about big data and health technology

Steps are now being taken centrally to adopt a co-ordinated approach to using NHS data and new technologies to unlock improvements in health care.

Fit for the future – our NHS legislation wish list

Whilst politicians fight over the bloody remains of the June 2017 election there is likely to remain a broad political consensus that health and social care integration is desirable. NHS and local authority leaders will continue to try to implement sustainability and transformation plans (STPs) and develop accountable care systems (ACSs).

Five top tier rankings for Hempsons in the Legal 500 2023 UK guide

Five years of cerebral palsy claims – NHS Resolution report

Today sees the publication of NHS Resolution’s report reviewing the causes of these tragic, but thankfully rare, incidents. The author, NHSR’s Darzi Fellow Dr Michael Magro, has made the following recommendations...

Foreseeability and causation in clinical negligence cases

This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.

Foundation Trusts and NHS England will need to apply a lower procurement threshold from 16 August 2021

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 (the “Amendment Regulations”) have been published.

Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards

The Mental Capacity (Amendment) Bill was published on 4 July 2018.  It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).

Furlough guidance has been updated

Late on Thursday 9 April 2020, the government released the third version of the Coronavirus Job Retention Scheme guidance. Here are Martin Cheyne's first impressions of the update.

Furlough Guidance Updated

The guidance for employers on the Coronavirus Job Retention Scheme was updated on 4 April 2020. The scheme allows employers to furlough staff and claim back part of their wages. The new guidance adds detail and some clarifications to the original HMRC guidance published on 26 March, but many questions remain.

GDPR – The Final Countdown!

GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.

GDPR – are you ready?

Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

GDPR one month on – are you compliant yet?

GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?

Getting ready for the COVID-19 public inquiry

As we reported in June 2021, local NHS organisations have been told that they must start preparing for the statutory public inquiry into the COVID-19 pandemic which is expected to begin in spring 2022. Any organisation can be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. With extensive public inquiry experience, Hempsons is here to help.

Getting ready for the COVID-19 Public Inquiry – webinars

We have launched our COVID-19 inquiry webinar series.

Global Digital Exemplars – Data protection

As a GDE or Fast Follower you will undoubtedly be looking to digitise data which has previously been not held in electronic form. You may also be migrating electronic records to new systems or joining up or sharing data sets for the first time. All of these activities ring alarm bells for the Information Governance specialists whose immediate concern will be – can this be done within the law?

Global Digital Exemplars – GDE and procuring technology

In an article in digitalhealth in July 2017, Matthew Swindells, NHS England’s national director for operations and information, was reported as stating at a conference that “At the core of the GDE model is the idea that we should be learning from each other. If the GDE and fast follower model goes well in the future, nobody will run procurements to buy IT systems again”.

Global Digital Exemplars – Getting staff to adopt new ways of working

With the need to change and reconfigure the existing NHS workforce to meet the demands of new service models comes the need to ensure that the workforce are familiar with and are utilising new technology. A digitally fluent workforce is a necessity.

Global Digital Exemplars – Managing the innovation process

Innovation is an integral part of any quest for digital maturity and technology underpins most innovative projects. Moving data and services from an offline, paper based environment online necessitates a new way of thinking, new processes and procedures and often new methodologies and technologies to facilitate the transformation.

GMC Independent Review of Medical Manslaughter recommends sweeping changes to regain the profession’s trust and improve qu...

Since 2011, healthcare professionals have been transfixed by the twists and turns of the investigations and hearings in relation to the trainee paediatrician, Dr Bawa-Garba and her nursing colleague Ms Amaro through their protracted criminal, coronial and regulatory processes.  Dr Bawa-Garba’s treatment in particular by her regulator, the GMC, and its widely criticised decision to appeal its own Tribunal’s determination not to erase her led to the erosion of doctor’s confidence in medical regulation. 

Government “Naylors” its Estate colours to the mast

In the official response to the Naylor Review, the government has finally acknowledged that world-class healthcare requires world-class property. The government has confirmed that it will: - Establish the NHS Property Board to ensure optimum use of the estate - Deliver strategic estates planning service to support STPs - Invest in training and development creating new career paths - Assist with the provision of additional specialist support - Improve collection and use of data - Encourage take-up across the NHS of accredited training

GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.

GP partnership changes and your premises

James Molloy, real estate specialist at Hempsons, explains the key premises elements to consider when there is a change to a GP partnership.

Great results for Hempsons in the Chambers UK Guide 2021

We are delighted to announce another outstanding year for Hempsons in the Chambers UK Guide. Hempsons has been ranked in six practice areas across our four offices.

Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been l...

Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been learnt? It is nearly a year since the case of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council was determined.  Hempsons advised the two foundation trusts in successfully challenging the Council’s process, which had been run under the Light Touch Regime. 

Healthcare newsbrief: Summer edition now available

Welcome to this latest edition of Hempsons’ healthcare newsbrief. Healthcare policy is always a challenging area to write about and this year the election, with its uncertain result, has made it even more so.

Healthcare newsbrief: Winter 2017 edition now available

Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...

Hempsons and Eastwoods: our 2020 vision

2020 will be a particularly exciting year for everyone at Hempsons and Eastwoods, as the two firms merge to create a powerful new force in regulatory, disciplinary and healthcare law.

Hempsons and NHS Providers launch joint guide to tackle racial discrimination in disciplinaries

In collaboration with NHS Providers, we have published a comprehensive guide for trust leaders on how to tackle racial discrimination in disciplinary procedures and to create a more inclusive and equitable work environment.

Hempsons announces partner and associate promotions

Hempsons is delighted to announce this year’s round of partner and associate promotions.

Hempsons celebrate another great year in The Legal 500

We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.

Hempsons celebrate new rankings in the Chambers UK Guide 2023

The Chambers UK Guide 2023 has been published and the most significant change in this year’s rankings sees us ranked for the first time in the Police Law: Mainly Defendant category, in Band 3.

Hempsons excels in The Legal 500 UK 2020

Hempsons celebrates outstanding results in the Legal 500.

Hempsons inquest podcast – No2

Welcome to the second in Hempsons’ series of inquests podcasts with Liz Stokes and Elspeth Rose from Hempsons healthcare advisory team. These podcasts will take listeners through the journey of an inquest from start to finish, giving helpful background and advice.

Hempsons inquest podcast series, No4

Welcome to the fourth in Hempsons’ series of inquests podcasts with associates Liz Stokes and Elspeth Rose from Hempsons healthcare advisory team.

Hempsons inquest podcast series, No5

Welcome to the fifth in Hempsons’ series of inquests podcasts with associates Liz Stokes and Elspeth Rose from Hempsons healthcare advisory team.

Hempsons Inquest Podcast, No6

Welcome to the final in our series of inquests podcasts with associates Liz Stokes and Elspeth Rose from Hempsons' healthcare advisory team on Regulation 28/PFD Reports.

Hempsons inquest podcasts – No1

Welcome to the first in Hempsons’ series of inquests podcasts with Liz Stokes and Elspeth Rose from Hempsons healthcare advisory team. These podcasts will take listeners through the journey of an inquest from start to finish, giving helpful background and advice.

Hempsons inquest podcasts – No3

Welcome to the third in Hempsons’ series of inquests podcasts with associates Liz Stokes and Elspeth Rose from Hempsons healthcare advisory team. These podcasts will take listeners through the journey of an inquest from start to finish, giving helpful background and advice.

Hempsons listed in The Times Best Law Firms 2020

We are delighted to announce that Hempsons has been named as one of The Times’ best law firms for 2020.

Hempsons maintains its place on key NHS legal services framework

Hempsons has retained its place for all Lots on the North of England Commercial Procurement Collaborative (NOE CPC) framework for the full range of legal services covering: NHS Governance and Public Law; Healthcare Law; Mental Health Law; Employment Law; Contract and Commercial Law; Property Law; and Corporate Finance and PFI.

Hempsons shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019

We are delighted to announce that we have been shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019.

Hempsons strengthen their health and social care advisory team

Hempsons strengthen their health and social care advisory team in the north with a number of new appointments including healthcare expert Liz Stokes

Hempsons welcomes new partner – Liz Hackett

Liz Hackett has joined the healthcare advisory team in our Harrogate office this month.

Hempsons welcomes new partner to head up its employment team in London

Hempsons is delighted to announce that Jon Pearce has joined our employment team in London.

Hempsons welcomes three trainees

We are delighted to announce that three trainee solicitors have started their two-year training period at Hempsons.

Hempsons, NHS Providers and Aldwych Partners launch new publication – An eight step guide to accountable care

Hempsons and NHS Providers are pleased to launch a new guide identifying eight key steps STPs and their partner organisations should consider to support the evolution to accountable care.

Hempsons’ Dental Newsbrief: Spring 2021

Welcome to the latest edition of Hempsons' Dental Newsbrief, a round-up of some of the hot legal topics in the dental sector.

Hempsons’ Employment Newsbrief

Welcome to our Summer 2019 edition of Hempsons’ Employment Newsbrief.

Hempsons’ Healthcare Newsbrief

Welcome to our Autumn/Winter 2019/2020 edition of Hempsons’ Healthcare Newsbrief.

Hempsons’ Healthcare Newsbrief 2018

Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.

Hempsons’ Newcastle office receives a major boost through the appointment of commercial property expert, David Naughten

David Naughten brings a wealth of experience to our commercial property team in the north.

Henderson v Dorset Healthcare University NHS Foundation Trust [2020]

Pleading ex turpi causa is attractive for defence solicitors but, historically, it has been a difficult defence to succeed with. Defendants needed to establish both causation (that the injury was caused by the illegal act, rather than the alleged negligence) and proportionality (that the crime was so serious that the claimant should not be awarded damages).

Higher standards expected of NHS trusts before dismissal for capability

The recent case of Muller v London Ambulance Service NHS Trust has emphasised the need for NHS Trusts, as large, sophisticated employers with significant administrative resources, to take a more cautious approach and exhaust every other option before dismissing an employee by reason of capability. Mr Muller’s dismissal was found to be unfair and discriminatory, despite the fact that he had been absent from work for a year and had no predicted return-to-work date at the time he was dismissed.

HJ v Burton Hospitals NHS Foundation Trust

The Judgment of Mr Justice Turner from 21 May 2018 in HJ (A Child) v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) was a reminder that the opinion of a single joint expert (SJE) is not binding on the Court.

Holiday pay update

Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...

How regulation has been impacted by the current coronavirus pandemic

This article will consider what is being expected of doctors who may not have been working in the NHS before the pandemic, how regulation has been amended to provide for this unprecedented situation, and how a doctor’s fitness to practise may still be investigated.

How will the easing of the face covering requirement on 19 July 2021 in England affect our health and social care services?

So called “Freedom Day” today brings with it the end to many coronavirus restrictions, some of which have been in place for well over a year.

How will your PCN work with others?

One of the requirements of the Network Contract DES Specification for 2020/21 is for PCNs to agree how to work with local community services providers, mental health providers and community pharmacy providers.

HSJ Partnership Awards 2024: Best Legal Services Partnership with the NHS

Hempsons are proud to be part of the team to win the ‘Best Legal Services Partnership with the NHS’ award, alongside the West Yorkshire Association of Acute Trusts (WYAAT). This award specifically shines a light on NHS projects that have utilised legal services to get results, whilst delivering value for money.

HSJ shortlist Hempsons for Legal Services Provider of the year award

Hempsons has received more high-profile acclaim for our work on accountable care and system transformation – this time from the Health Service Journal with its first ever HSJ Healthcare Partnership Awards.

Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

The Human Fertilisation and Embryology Regulations 2020 come into force on 1st July 2020. Click here to read our summary.

ICO Guidance – COVID-19

Like other regulators, the ICO has issued guidance to reassure healthcare bodies and professionals that information governance issues should not be a barrier to effective information sharing to manage the response to the COVID-19 virus.

ICO guidance: handling worker health data

The Information Commissioner’s Office (ICO) has published guidance on the handling of worker health data with the aim of providing advice and examples of good practice.

ICTS (UK) Limited v Visram

ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.

Implications for employers of lifting Covid-19 restrictions

The government has published its COVID-19 Response: Summer 2021 (Roadmap) setting out the details of step 4 of the roadmap out of restrictions for England. The restriction are scheduled to be lifted on 19 July 2021. Hempsons' employment law team discuss the guidance.

Implications of GDC v. Williams judgment for dentists mixing private and NHS treatment

Dentists and dental lawyers have been watching the case of GDC v. Williams with interest, due to the implications for the long-held view that it is not permitted to mix NHS and private treatment by charging patients a private top-up fee in addition to the NHS charge for NHS treatment. The

Inadequate record keeping invalidates contract award

Hempsons recently acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.

Information Commissioners Office: data protection fining guidance

The Information Commissioner’s Office (ICO) has published new Data Protection Fining Guidance 

Inquest podcast: Prison inquests

Season two, episode four: Prison inquests

Inquests podcast series – Child inquests

Welcome to the second of our season 2 inquests podcasts on child inquests

Inquests podcast series – Inquests in care homes

The Inquests Podcasts return for a second season and will take listeners through the journey of specialist inquests, giving helpful background and advice. No1 - Inquests in care homes

Inquests podcast series – The interaction between inquests and civil proceedings

In the third of our inquests podcast series, associates Elspeth Rose and Jennifer Hovington give background and advice while discussing the interaction between inquests and civil proceedings.

Introducing the Health and Care Bill Board…

The government’s health and care white paper “Integration and Innovation: working together to improve health and social care for all” was launched last week. It paves the way for a Health and Care Bill intended to increase collaboration and co-operation across the health and social care services.

Is a Trial Period a Reasonable Adjustment?

What employers should note from the new EAT ruling

Is your PCN company eligible for NHS Pensions?

You may no longer be eligible to offer access to the NHS pension for your team if you incorporated a company for your PCN which is a management organisation hosting ARRS and support teams for your members’ practices, and not a health care provider.

Issues to consider when selling your dental practice post pandemic

The effects of the COVID-19 pandemic have placed unprecedented challenges on healthcare professionals across the world and dentistry is no exception to this.

January/February 2017 Procurement Roundup

We would like to make you aware of several new legal developments that have emerged during the first couple of months of 2017. If you would like to discuss any of these matters with Hempsons’ dedicated procurement team in more detail, please don’t hesitate to contact us.

Jersey States assembly scrutiny hearing on changing its personal injury law, including an increase to the discount rate

The States Assembly within Jersey is considering a change to its personal injury damages law including an increase to the discount rate which applies to personal injury awards. 

Keeping it in the family: Wholly owned subsidiaries in the NHS

There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.

Key legal development update – January 2020

Key legal developments in healthcare and medical law for January 2020.

Key Legal Developments update – February 2017

Key legal developments update – July 2021

Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.

Key Legal Developments Update – June 2017

We’ve highlighted the latest key legal developments within healthcare. The below snapshot of information covers land mark rulings from mental health to inquests and a number of other interesting developments in the legal world.

Key Legal Developments Update – October 2018

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

Key Legal Developments Update – October 2019

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration

Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration

Legal due diligence in dental practice sales and purchases: Why do we bother with it?

Kirsty Odell and Sana Sadiq explain why due diligence is required when a buyer is planning on purchasing a practice.

Liberty Protection Safeguards – an update

Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.

Liberty Protection Safeguards – start date significantly delayed

The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.

Liberty Protection Safeguards delayed “beyond the life of this Parliament”

The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.

Limitation – Mossa v Wise

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.

Limitation arguments – how hard can it be?

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.

Limitation in clinical negligence – a summary guide

This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law.

Looking forward to the new Procure 2020 construction framework and the new Hilary Mantel novel

The Hempsons team speculate what the Procure 2020 framework might offer to an NHS estates sector eager for solutions.

Managing disagreements around discharge arrangements

Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.

Manchester Trusts complete landmark merger

On 1 October 2017 Central Manchester University Hospitals NHS Foundation Trust (CMFT) and University Hospital of South Manchester NHS Foundation Trust (UHSM) merged to form the largest NHS foundation trust in the country: Manchester University NHS Foundation Trust (MFT).

Manchester Trusts complete landmark merger

The merger, which has widespread support from local and national stakeholders, will allow MFT to deliver improvements to patient care for Manchester and was unanimously approved by...

Medico Legal Magazine – Duties of an expert witness: the importance of knowing your limits

Regulatory expert, Stephen Hooper, highlights the importance of remaining objective as an expert witness.

Merger or take-over: are you prepared?

Justin Cumberlege, from specialist healthcare law firm Hempsons, provides some guidance if you are considering a merger or being taken over by another practice.

Merson v Royal Devon University NHS Foundation Trust: lessons for employers

The case of Merson v Royal Devon University NHS Foundation Trust teaches employers not to act too swiftly when disciplining employees. Employment solicitor Rachel Levine examines the case.

Module 3 of the UK COVID-19 Inquiry into the impact of the pandemic on healthcare has opened today

The third investigation in the Covid-19 Inquiry opened today

Navigating TUPE: Transferring staff to a new PCN company

The Transfer of Undertakings (Protection of Employment) Regulations 2006, better known as TUPE, offers protections for employees when a business or service provider changes hands.

Network Contract DES Specification 2020 / 2021 – key dates for CCGs

The new Network Contract DES Contract Specification contains important key dates for practices, PCNs and commissioners.  Those of particular relevance for CCGs are:

New Care Models and STPs Roundup – April 2017

Hempsons is pleased to bring you the latest in its series of news updates on new care models, STPs and integration.

New Care Models and STPs Roundup – June 2017

Hempsons is pleased to bring you the latest in its series of news updates on new care models, STPs and integration.

New Care Models and STPs roundup: February 2017

Hempsons is pleased to bring you the latest in its series of news updates on new care models, STPs and integration.

New GP Premises Costs Directions – they are here!

NHS England have published the long-awaited refreshed Premises Costs Directions governing the NHS funding of primary care estate in England.

New Guidance on severance payments and approval for public sector employers

The government has published new guidance for the public sector on making termination of employment/severance payments to employees. 

New Hempsons Southampton office

Announcing the opening of our fifth UK office.

New podcast: Primary care contracts – don’t get trapped!

Associates Robert McCartney and Kirsty Odell host the latest episode of our primary care podcast, focusing on common traps in NHS primary care contracts.

New PPN published; Requirements for contracts covered by the WTO Government Procurement Agreement & the UK-EU Trade &...

The second Procurement Policy Note of 2021 was published at the end of last week.

New PPN Published: update to legal and policy requirements to publish procurement information on Contracts Finder

PPN 07/21 was published on 24 June 2021 and provides consolidated guidance that reminds public bodies of the requirements of the Public Contracts Regulations 2015 (PCR) to publish information about opportunities and awards over certain low value thresholds on Contracts Finder.

New PPN’s Published; National Procurement Policy Statement & Taking account of Carbon Reduction Plans

The fifth and sixth Procurement Policy Notes of 2021 have been published.

New procurement thresholds will apply from January 2020

New procurement thresholds will apply from 1 January 2020 to all contract opportunities arising on or after that date.

New regulations providing new rights for employees are coming into force from 6 April 2023

Two new employment regulations, affecting maternity, paternity, adoption, shared parental and carer's leave come into force on 6 April.

New Year partner and associate promotions

We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.

Newsflash: 2017 General Election – Purdah

The Cabinet Office has published new guidance about maintaining the impartiality of the civil service and public bodies in the period leading up to the 2017 election – often known as purdah.

Newsflash: Are you ready for the GDPR?

The General Data Protection Regulation (‘GDPR’) comes into force on 25 May 2018 and is the largest overhaul of data protection since the 1998 Act.

Newsflash: Automatic suspension maintained – first automatic suspension case post NDA

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.

Newsflash: Brexit, data transfers and local representatives

With the UK’s exit from the European Union (EU) and the European Economic Area, both UK and EU data controllers are now having to grapple with cross-border data requirements where previously there were none. Chris Alderson discusses the issues

Newsflash: Consultation on further changes to the NHS Pension Schemes

Newsflash: Coronavirus and Critical Care

Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.

Newsflash: Court of Appeal determines that Cheshire West does not apply in acute care settings

Newsflash: Digital Health Services and the CQC

Building on the CQC guidance issued in March this year for digital health providers (see http://www.cqc.org.uk/file/1295582) the CQC has issued an update on issues uncovered in a number of recent inspections, particularly in relation to online prescribing.

Newsflash: Employment Tribunal fees abolished

The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.

Newsflash: GOC Guidance

Hempsons' Regulatory and Crime Team have put together a comprehensive summary of the guidance provided by the General Optical Council in response to the COVID-19 pandemic.

Newsflash: Health and Care Act 2022 – Given Royal Assent

With the saying of a little bit of Norman French (“La Reyne le vault”) by the Clerk of the Parliaments in the House of Lords, Royal Assent to the Health and Care Bill was given on 28 April 2022.

Newsflash: Hempsons advises 2 NHS Foundation Trusts in successful procurement challenge against Local Authority

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to the award of a contract for the provision of 0 – 19 services.

Newsflash: Hospital Resources Amid Covid-19

On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.

Newsflash: Immediate custodial sentence for those who commit fraudulent claims against the NHS

In this landmark case, Sandip Atwal has been sentenced to three months in jail for his deliberate attempt to defraud the NHS and deceive the Court. He has also been ordered to re-pay £75,000 in legal costs. Sentence was passed on 01.06.18. The decision comes after Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT, recently succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS.

Newsflash: Manchester merger cleared

In a landmark decision the Competition and Markets Authority (CMA) has approved the merger of Central Manchester University Hospitals NHS FT and University Hospital of South Manchester NHS FT.

Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked

Hempsons legal experts discuss the latest VCod guidance

Newsflash: New competition law requirements for the private healthcare sector including NHS private patient units

The Competition and Markets Authority (CMA) has made an order to implement the “consultant fees remedy” under the Private Healthcare Market Investigation Order 2014 (the Order).

Newsflash: New PPN published; Procuring in an emergency

The Government has issued the first Procurement Policy Note of 2021, applicable to all contracting authorities.

Newsflash: New tactics required in intellectual property litigation from the Autumn

There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.

Newsflash: NHS England and NHS Improvement publish long awaited Integrated Support and Assurance Process Guidance

NHS England (NHSE) and NHS Improvement (NHSI) published an introduction to the Integrated Support and Assurance Process (ISAP) in November 2016. This somewhat sparse guidance gave an initial outline to the process and what could be expected but left emerging accountable care systems guessing as to the detail of the process.

Newsflash: NHS England publishes draft contract for accountable models of care

Following a period of public consultation on the draft MCP contract framework, NHS England has published the first version of a model contract for accountable care organisations (ACOs) for use by both Multi-Speciality Community Provider (MCPs) and Primary and Acute Care System (PACS) led models in the NHS.

Newsflash: NHS Improvement publishes revised Transactions Guidance

NHS Improvement (NHSI) has published Transactions guidance - for trusts undertaking transactions, inlcuding mergers and acquisitions which replaces Monitor’s previous guidance supporting NHS providers: guidance on transactions for NHS foundation trusts (updated March 2015) and the NHS Trust Development Authority’s transactions guidance in delivering for patients: the 2015/16 Accountability Framework for NHS trust boards (June 2015).

Newsflash: NHS recommendations to Government and Parliament for an NHS Integrated Care Bill

On Thursday 26 September 2019 the Boards of NHS England and NHS Improvement met in common to approve the publication of “The NHS recommendations to Government and Parliament for an NHS Integrated Care Bill”. We provide a summary of the 23 recommendations.

Newsflash: PCN agreements – is yours up to scratch?

Now is the ideal time to review your agreement to ensure that it includes the provisions necessary for proper governance.

Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

Andrew Daly comments on the DHSC launched a supplementary consultation on the detail of proposals for Provider Selection Regime regulations published on 21 February 2022.

Newsflash: R (on the application of 1) Silviu Mitocariu, 2) Costica Lazarel) v Central & North West London NHS Founda...

Is there any legal obligation on NHS Trusts to make regular payments or give ‘pocket money’ to hospital in-patients detained under the Mental Health Act 1983 when they cannot meet any personal expenses themselves?

Newsflash: Supreme Court ruling in the Mencap v Tomlinson-Blake case

The Supreme Court has this morning ruled in Mencap v Tomlinson-Blake that calculation of national minimum wage (NMW) for sleep-in care workers only needs to include time when they are awake for the purpose of working. Where the employer provides suitable facilities for sleeping, time spent sleeping is not included in the calculation.

Newsflash: The HSJ and Hempsons webinar on the Fit and Proper Person Test

The Fit and Proper Person Test is meant to ensure that anyone at director level in the NHS has the attributes and values needed for the job.

Newsflash: Updated GMC Guidance on Confidentiality 2017

On 25 April 2017, the updated GMC Guidance, Confidentiality: Good Practice in Handling Patient Information (“the Guidance”) comes into effect

Newsflash: Young persons and deprivation of liberty

The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.

NHS England Guidance on applying net zero and social value in procurement

In March 2022, NHS England published guidance to extend the principles within PPN 06/20 to ensure the consistent approach of all In-scope Organisations to apply net zero and social value to the commissioning and purchase of goods and services by NHS organisations.

NHS England successfully defends procurement challenge

Judgment has today been handed down in InHealth Intelligence Limited v NHS England [2023] EWHC 352 (TCC). Hempsons LLP acted on behalf of NHS England, which was successful in defending the claim brought against it.

NHS England’s consultation on NHS Provider Selection Regime proposals

NHS England has today published its consultation on the proposed NHS Provider Selection Regime. The consultation on these proposals will run until 7 April 2021.

NHS hospital consultant surgeon with unblemished record summarily dismissed even though no gross misconduct

The consequences of summary dismissal from a professional role for misconduct are grave and life disrupting – the abrupt loss of a hard won high status career and earning capacity, possible referral to a Regulator (GMC etc) and intense personal distress.

NHS Improvement publishes revised Transactions Guidance

NHS Improvement (NHSI) has published Transactions guidance - for trusts undertaking transactions, including mergers and acquisitions which replaces Monitor’s previous guidance Supporting NHS providers: guidance on transactions for NHS foundation trusts (updated March 2015) and the NHS Trust Development Authority’s transactions guidance in Delivering for patients: the 2015/16 Accountability Framework for NHS trust boards (June 2015).

NHS Resolution Early Notification Scheme team publish second report

The Early Notification Scheme team from NHS Resolution have published their second report.

NHSPS Lease Regularisation

If you occupy NHS Property Services premises without a lease, you may have received a letter from NHS England and NHS Improvement urging you to engage with the lease regularisation programme. 

NHSX Information Governance Portal

On 1st October 2020, NHSX launched an Information Governance (IG) portal to bring together national guidance on how to manage and share information appropriately.

No bid, no chance?

On 20 February 2023, the High Court handed down judgment in InHealth Intelligence Ltd v NHS England [2023] EWHC 352 (TCC). Hempsons procurement team discusses the judgment.

No compensation does not equate to no case to answer

No compensation does not equate to no case to answer - Martin Cheyne and Zubeda Tayub discuss in the latest employment blog.

Not an April Fools – procurement law changes: reminder!

April 1 - the procurement law changes that have come in to effect.

Opt in, opt out, shake it all about?

Charities have had something of a bumpy ride lately… and the bad news is that it’s not over yet. On top of increasing scrutiny of fundraising carried out by charities, data protection law and the Information Commissioner has now come to the fore with some big-name charities fined for data protection breaches.

Organ donation update

The Organ Donation (Deemed Consent) Act 2019 Regulations 2020, obtained Royal Assent in March 2019 but came into power on 20 May 2020. This means that Organ donation in England has moved to an “opt out” system. Click to read our summary.

Partner and associate promotions

We are delighted to announce this year’s round of partner and associate promotions, providing a major boost to our Healthcare Litigation and Real Estate teams.

Patient Safety Incident Response Framework (PSIRF)

The PSIRF has been published by NHS England.

Pectus Excavatum and Surgical Intervention

Pectus Excavatum is a congenital deformity where the ribs and sternum grow abnormally forming a caved-in chest wall. In most patients, the only symptom is the cosmetic indentation of the chest although, in more severe cases, there can be respiratory problems and chest pain. Surgery involves placing titanium bars beneath the ribs and sternum to push the chest back out.

Podcast: Complaints handling and an introduction to negligence claims

Following his recent webinar healthcare litigation associate, Nigel Wood, gives an introduction to clinical negligence claims dentists may face, and gives an overview of best practices when it comes to handling patient complaints.

Podcast: Social media uses and abuses in primary care

Social media is a complex issue in employment law. What are the rules for doctors and other professionals? Find out in our latest podcast, hosted by Robert McCartney and Rachel Levine.

Podcast: What does the Provider Selection Regime mean for primary healthcare providers?

Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers.

PPN 01/22 Published: Contracts with suppliers from Russia and Belarus

PPN 01/22 was published on 28 March 2022 to provide guidance as to how contracting authorities can further cut ties with companies backed by the states of Russia and Belarus.

PPN 03/23 – A new Standard Selection Questionnaire from 1 April 2023

PPN 03/23, published 9 March, introduces a new Standard Selection Questionnaire (“SQ”) to be used for all new procurements subject to the Public Contracts Regulations 2015.

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

Primary care, New Care Models and STPs roundup – February 2017

Hempsons is pleased to bring you the latest in its series of news updates on primary care, new care models, STPs and integration.

Prime Minister confirms Terms of Reference for the COVID-19 Inquiry

The Prime Minister has published the final Terms of Reference for the COVID-19 Inquiry, confirming in a written statement yesterday that “The UK inquiry into COVID-19 is now formally established and able to begin its important work”.

Procurement Law – Summer 2019 Update

This is a round up of some of the more significant decisions you may have missed over the summer holiday period.

Procurement law and the Provider Selection Regime – when will the changes happen?

There is a lot of change on its way to procurement law. The way healthcare services are commissioned is also going to change. For the NHS, ICBs will go live on 1 July 2022.

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Procurement Policy Note 02/19 – ‘Deal’ and ‘No deal’ Brexit

The Cabinet Office has published Procurement Policy Note (“PPN”) 02/19, which confirms the actions that contracting authorities need to take in the event of a ‘deal’ or a ‘no deal’ Brexit. We summarise the draft advice provided below.

Protection for whistleblowing

What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.

Provider Selection Regime – are you preparing your annual summary?

A relevant authority must publish online, on a publicly available website accessible free of charge, an annual summary of its contracting activity for the provision of relevant health care services.

Public Procurement (International Trade Agreements) (Amendment) Regulations 2022 now in force

With all of the publicity about the Procurement Bill, it is easy to lose sight of the fact that the Public Contracts Regulations 2015 are being up-dated.

Public procurement law post-Brexit

The Government has published the draft “Public Procurement (Amendment etc.) (EU Exit) Regulations 2019”. The draft Regulations mainly deal with housekeeping issues post-Brexit in that they either remove or replace with domestic equivalents, references to the European Union, the Commission and EU Directives in current legislation. The draft Regulations also deal with the administration of any further amendments to procurement legislation.

Public sector exit payments: the need for more approvals

The long-awaited cap on exit payments in the public sector came into force on 4 November 2020. Its effect is to prohibit almost all public sector employers from making payments of more than £95,000 to employees in connection with the termination of their employment.

Record Keeping: A Silver Bullet?

Stephen Hooper has contributed an article to Implant Dentistry Today.

Reforming the Mental Health Act – Government proposals and consultation

The Government has published details of a ‘Reforming the Mental Health Act’ White Paper. The paper is intended to build on the recommendations of the 2018 Independent Review and emphasise principles of choice and autonomy, least restriction, therapeutic benefit and recognition of the person as an individual. The aim is to increase parity between physical and mental health.

Regulation of Notifiable Diseases

From the 5 March 2020, Covid-19 was added to the list notifiable infectious diseases under the Health Protection (Notification) Regulations 2010.

Reintroduction of CHC (continuing healthcare) assessments with effect from 1 September 2020

The Department of Health and Social Care has released new guidance surrounding the reintroduction of CHC (continuing healthcare assessments) with effect from 1 September 2020. Philippa Doyle provides a summary.

Revalidation – a trap for the unwary?

All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.

Sanderson v Guy’s and St Thomas’ NHS Foundation Trust – the role of NICE Guidelines in clinical negligence cases

This case highlights that the NICE Guidelines are not intended to provide a practitioner with the complete description of the appropriate management and must be interpreted in conjunction with clinical judgment in light of the whole clinical picture.

Schrödinger’s consent: ARB v IVF Hammersmith Limited & R

The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...

Scope of COVID-19 Inquiry to be broadened

Secondary victim claims – a recap of the requirements following new case considering question of proximity

Case law update: Master Cook confirmed that secondary victim claims in cases of Clinical Negligence require proximity to the “relevant event”, not simply proximity to the final consequence of the negligence.

Secondary victim claims head for the Court of Appeal

Two secondary victim claims are due to be heard at the Court of Appeal later in the year; both of which are clinical negligence claims. Both claims are testing the legal control mechanisms on claims for psychiatric harm by secondary victims.

Settlement in BMA / NHSPS Service Charges Dispute

Sexual Harassment in the Workplace consultation: the government’s response

The government has released its response to the consultation on Sexual Harassment in the Workplace, promising to further protections to employees who are victims of sexual harassment, whilst giving employers support to put measures in place to respond to the needs of their organisation, and provide explicit protections from third-party harassment.

Sleep-ins – should they form a part of the National Minimum Wage calculation?

The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.

Some Legal Implications of the NHS Long Term Plan

Much has been written about the publication of the NHS Long Term Plan (“LTP”). The NHS Confederation has provided a particularly useful summary. The main focus of the plan is to implement a new service model, with particular focus on the improved access to services, early diagnosis and prevention of certain diseases (including diabetes, strokes, dementia and cancer), and improved access to mental health services for both adults and children. In order to improve access to services, the plan sets out ambitions for better integration between primary, secondary and community services for patients.

Stay safe when applying the Covid-19 response PPNs

The UK Cabinet Office has published a number of Procurement Policy Notes (“PPNs”) in response to the current Covid crisis. Click to read our summary.

Stephen Hooper appears in Modern Dentist Magazine

Stephen Hooper appears in the latest issue of Modern Dentist Magazine to take part in their first Forum. The experts give their opinion to a number of questions focused on risk, clinical negligence and malpractice claims.

Stephen Hooper appears in The Leaders Council podcast

Stephen Hooper invited onto an episode of The Leaders Council podcast, which also included an interview with Lord Blunkett.

STPs and Accountable Care Roundup

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 16 October

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 22 January

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 27 November

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and integrated care roundup w/c 16 April

Hempsons is pleased to bring you the latest in its series of news updates on STPs and integrated care.

Success for Adam Smith as client acquitted of bribery charges

On Friday 4 March, Mr Staunton was acquitted of the two bribery charges brought against him, related to the placement of medicines within the NHS. Assisted by trainee solicitor Clara Gogarty, and instructing Fiona Horlick QC of Outer Temple Chambers, this was the culmination of a six-week trial at Southampton Crown Court.

Supreme Court – Setback for representative claims

At Hempsons we have noted an increasing number of what might be considered trivial data breach claims being made against our clients. These claims follow a fairly standard pattern. An email containing minor personal information such as a name, age or address of an individual being sent to the wrong person by mistake. These minor biographical releases of information then become subject to claims for breach of UK GDPR. 

Surrogacy costs – discussion of case law and recent Supreme Court case of Whittington Hospital NHS Trust v XX

On 1 April 2020, the Supreme Court handed down Judgment in the case of Whittington Hospital NHS Trust v XX. Stephen Maratos and Vicky Rowlands discuss the case.

Telemedicine – clinical negligence considerations

Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.

The ‘right to return’ – where GPs suspend their primary care contracts to participate in an Accountable Care Organisation,...

NHS England consulted in the autumn on changes to regulations to support the introduction of Accountable Care Organisations (ACOs). This included consultation on the ‘right to return’, a mechanism designed to provide assurance to GPs considering integrating their services with an ACO.

The changing landscape of health and social care

Next Steps on the Five Year Forward View (March 2017) sets out plans for the transition of the NHS to population-based integrated health systems. This will be achieved by the evolution of Sustainability and Transformation Partnerships (STPs) into ‘accountable care’ models. So what is accountable care, what will it look like in the NHS and how will it affect smaller providers such as charities and social enterprises?

The Coronavirus Directions 2020

NHS England is taking on powers that are usually held by the Clinical Commissioning Groups (CCGs) to commission services in relation to the Covid-19 pandemic.

The Cumberlege Review – our safety cultures need a fix

Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests

The Devon decision and remote examination: where to go from here?

When the decision in Devon Partnership NHS Trust v SSHC [2021] EWHC 101 (Admin) came out on 22 January 2021 we said “Don’t Panic”. Further analysis and feedback from clients suggests there is cause for, if not panic, then some concern about the implications. In particular, there is a cohort of patients on renewed CTOs whose outcomes may be adversely affected.

The draft terms of reference for the COVID-19 Public Inquiry have been announced

The draft terms of reference for the COVID-19 public inquiry have been announced. These are wide-ranging and cover the public health response, including how and when decisions were made; how the NHS and wider health and social care system responded, including issues or capacity and resilience; and the economic response.

The fit and proper persons requirement

The fit and proper persons requirement - how the requirement works in practice and how it might be extended in the future.

The Government issues the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement

The Government has today issued the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement.

The Health Care Services (Provider Selection Regime) Regulations 2023 have been laid before Parliament today

The Health Care Services (Provider Selection Regime) Regulations 2023 (the “Regulations”), have been laid before Parliament today, 19 October. NHS England has published the draft Statutory Guidance and draft associated implementation products.

The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024

The Health Care Services (Provider Selection Regime) Regulations 2023 will come into force on 1 January 2024 (as expected).

The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020

In this brief note we provide a short summary of the new Regulations which bring into legal force, the restrictions announced by the Prime Minister on Monday 23 March 2020.

The Independent Patient Choice and Procurement Panel completes its first PSR review and publishes new criteria

It has been a busy week for the Independent Patient Choice and Procurement Panel. It has published the outcome of its first case, as well as publishing its acceptance and prioritisation criteria. Andrew Daly and Helen Redfern discuss the case.

The new Procurement Bill – MEAT to MAT

The new Procurement Bill - MEAT to MAT. Significant change, or a question of semantics?

The post-Brexit route to getting your non-UK dental qualification recognised in the UK

The regulatory process for recognition of dental qualifications obtained outside of the UK has always proven somewhat challenging.

The Procurement Act 2023 received Royal Assent on 26 October; the link to the Act has now been published

The Procurement Act 2023 will come into force in October 2024 (date to be confirmed). The secondary legislation that will sit under the Procurement Act 2023 will be laid before Parliament in early 2024. These regulations will contain some of the detail as to how the Act will work in practice. During the implementation phase, we will be providing updates on what the Procurement Act 2023 will mean in practice for contracting authorities now that the content has been agreed by both Houses.

The Provider Selection Regime – some Governance Implications

The Health Care Services (Provider Selection Regime) Regulations 2023 (“PSR Regulations”) will come into force on 1 January 2024. “Relevant Authorities” (which includes ICBs and NHS Trusts/Foundation Trusts, NHS England, local and combined authorities) need to take steps to prepare for the regime for procuring relevant health care services in England.

The Provider Selection Regime (“PSR”) – what will it mean when procuring health care services?

What will the Provider Selection Regime mean when procuring health care services? Head of procurement Andrew Daly explains.

The Provider Selection Regime is now in force

The Health Care Services (Provider Selection Regime) Regulations 2023 came into force on 1 January 2024. Head of procurement Andrew Daly provides an update on the new rules and guidance.

The Public Contracts (Amendment) Regulations 2022 – now in force

Amendments have been made to Chapter 8 (the rules applicable to below threshold value contracts) of the Public Contracts Regulations 2015.

The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 now in force

These Regulations make amendments to United Kingdom Public Contracts Regulations 2015 (the “PCR”) and other procurement regulations for the purpose of implementing two free trade agreements entered into by the United Kingdom (“the FTAs”), one with Australia and the other with New Zealand. The changes are made under The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023.

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 came into effect on Thursday, 9 April 2020. Myles Evans provides a summary.

To terminate or not to terminate?

The Court of Appeal recently considered a case which is of interest to all NHS primary care contractors, and particularly those who provide services under pilot contracts or other temporary contracts which are ancillary to their core NHS contracts, as well as being of general interest from a contract law perspective.

Trust boards and systems: the key issues

Hempsons have published a joint publication with NHS Providers ‘Trust boards and systems: the key issues’ offering a guide to the evolving system based landscape and the factors behind successful partnerships.

Trusts and local partners taking bold approaches to overcome workforce challenges and meet local population need

The move to integrated care and partnership working between health and care organisations can help the sector to overcome severe workforce challenges, according to a new briefing from NHS Providers with input from Hempsons.

UK COVID-19 Inquiry launches first investigation

UK COVID-19 Inquiry Module 2 opens

On 31 August the COVID-19 Inquiry opened its second investigation, Module 2, focusing on government decision making.

UK COVID-19 Public Inquiry online consultation ends at 23:59 on 7 April 2022

The UK COVID-19 Public Inquiry will examine the UK’s pandemic response and identify learning and make recommendations to support the UK being better prepared to respond to future pandemics.

Upcoming legislative changes

With ongoing uncertainty surrounding the final terms under which the UK will leave the EU and whether this will take place on 29 March 2019 as planned or not, it is difficult to predict how Brexit may affect Employment Law. However, for practical purposes it seems likely that EU legislation will remain applicable in the UK (but perhaps on a different constitutional basis) unless or until it is amended by UK legislation. We are not expecting swift changes to Employment law and do not expect to see any significant changes prior to 31 December 2020 (the end of the proposed transition period).

Update – Tax changes to termination payments

Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.

Update on HSSIB/ MNSI

There will be a 6-month delay until the establishment of the Health Services Safety Investigations Body (HSSIB) and the Maternity and Newborn Safety Investigations Special Health Authority (MNSI).

Update on Implementation of the Liberty Protection Safeguards

A letter dated 16 December 2021 from Helen Tabiner, Deputy Director, Service Quality, DHSC addressed to the LPS National Steering Group Members acknowledges that the aim of implementing LPS by April 2022 cannot be met.

Update on timescales for new procurement legislation

It has been announced that the date for commencement of the Procurement Bill is now likely to be in October 2024. Read the full details in our update.

Updated thresholds for public procurements to be applied from 1 January 2022

The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2022. The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2021 (SI 2021/1221) set out the position.

Updated thresholds for public procurements to be applied from 1 January 2024

The financial thresholds for the application of the Public Contracts Regulations 2015 will change from 1 January 2024.

Vicarious Liability and Non Delegable Duty

Recently, there has been a spate of case law in vicarious liability and non-delegable duty which can affect dentists, and the main dental practice owners.

What are the opportunities with GP Primary Care Networks?

Since April 2019 all GP practices have been strongly encouraged to form Primary Care Networks (PCNs) covering a population of 30,000 – 50,000 people.

What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?

Certain types of personal data must be treated with particular care due to the sensitive nature of that personal data. This is of course common sense. ‘Health’ comes under what the ICO (Information Commissioner’s Office) calls the ‘special category’, making it a mandatory obligation to comply with the GDPR and more especially if you work in the health professional field.

What do the NHS Premises Costs Directions 2024 mean for practices?

The new NHS Premises Costs Directions are here and usher in long-awaited changes to the system of funding for GP surgery premises in England. Commercial property partner Bryn Morgan discusses what the changes mean for GP practices.

What exactly is the Court of Protection? Philippa Doyle appears in Care Home Management

Philippa Doyle appears in Care Home Management's March/April issue to discuss Court of Protection.

What happens in the hearing itself

In her last of three articles about employment tribunals, which can cost doctor employers many thousands of pounds if they lose, solicitor Julia Gray explains what to expect if you face a hearing.

What has the impact of Covid-19 been on the dental market and how will this affect practices going forward?

Covid-19 has had a huge impact on businesses across the country and dental practices are no exception to this.

What now: Vaccination as a Condition of Deployment

Yesterday evening, Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors.

What the new provider selection regime means for GP practices, PCNs and GP provider organisations

New procurement regulations have been laid before Parliament which, when in force, will make considerable changes to the commissioning of health care services including, in particular, primary care.

What’s in a name? Sometimes, a manifest error

The High Court has handed down judgment on 20 June 2022 in Braceurself Limited v NHS England [2022] EWHC 1532 (TCC). Hempsons procurement team discuss the case.

When partnerships go bad

Mounting pressures in general practice are leading to more disputes among partners. Ross Clark and Robert McCartney give some legal opinion on your options if it happens to you.

When will the Procurement Act 2023 need to be followed?

Andrew Daly discusses the new Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 and how these will work with the previous regulations.

Whistleblowing dismissals – Employment Appeal Tribunal decision

Kong v Gulf International Bank (UK) Limited Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.Kong v Gulf International Bank (UK) Limited. Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.

Will a “no-deal Brexit” change the position for public procurement law?

As discussed in our previous newsflash (December 2018), the public procurement position post-Brexit is expected, at least initially, to be largely the same as now, whatever the outcome of current debates.

Will NHS England’s plan to ‘de-risk’ GP premises leases work?

Bryn Morgan assesses NHS England's plan for other NHS bodies to take on the liabilities for GP practice leases.

Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?

O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.

Working group to lead medical manslaughter review announced by GMC

Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession

Wrongly losing a contract – not necessarily a “sufficiently serious” breach of procurement law?

Second article on the decision in Braceurself Limited v NHS England [2022]

Young autistic people still dying despite coroner warnings over care

The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.