Social care

“Sleep-ins” – a bad dream?

Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.

A new CQC fundamental standard: Visiting and accompanying in care homes, hospitals and hospices

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 introduce us to a new Fundamental Standard of Care with effect from 6 April 2024 – Regulation 9A is entitled “Visiting and accompanying in care homes, hospitals and hospices”

Addressing COVID-19 challenges in social care: legal insights and best practices

This article explores recent cases related to COVID-19 and their implications on disability discrimination, mask and personal protective equipment (PPE) requirements, and whistleblowing.

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.

An introduction to s.21A Mental Capacity Act 2005 challenges

Rachael Hawkin discusses Court of Protection proceedings s.21A Mental Capacity Act 2005 challenges

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 prepared for new CQC inspections?

Social care partner Philippa Doyle explains how to get the best outcome from CQC's new monitoring phone calls.

Are you ready for employment claims?

Anyone who has been involved in litigation understands that it can be stressful, time-consuming and expensive, even if you have a good case. Julia Gray discusses three ways to put yourself in the best possible position to defend an employment tribunal claim.

Are you ready for your CQC IPC Inspection?

Are you ready for your CQC IPC Inspection? Infection Prevention and Control (IPC) has always been an important part of delivering a Regulated Activity in any health and social care setting, but the advent of COVID-19 has brought IPC to the forefront of every provider’s mind.

Avoiding a war on two fronts

Every provider is familiar with the necessary interaction and inspection programme of the CQC. This article focusses on that relationship when another body is added into the mix, such as a placing authority.

Brightening Minds

Brightening Minds partners with Hempsons to support the adult social sector to improve CQC ratings Feel in control of your next CQC inspection with tips, suggestions and support from experienced practicebased workshop facilitators and other working colleagues in the adult care sector.

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 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.

Client service uncovered: Hempsons ranked in Legalease’s survey

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

Client Spotlight – Future Directions CIC

Our client spotlight focuses on Future Directions CIC, a not-for-profit social care provider based in Oldham. Future Directions was originally set up in 2012 as a subsidiary of Calderstones NHS Trust, and spun out to become a separate entity in April 2015. It is a values-based organisation that believes by living out its values it makes a real difference to people’s lives. We spoke to MD Paula Braynion about the organisation’s journey so far, the challenges it has faced, and plans for the future. Paula previously worked in the NHS as a Director of Operations, Deputy Chief Executive and Director of Nursing.

Client spotlight: Lister House Limited

In this issue we are turning the spotlight on Lister House Limited, a care home provider on the outskirts of Bradford, owned by Sally Allen. The company aims to provide quality care for both elderly people and younger residents.

Client Spotlight: Wilf Ward Family Trust – Creating a culture of excellence

The Wilf Ward Family Trust provides supported living accommodation and residential care services for people with learning disabilities across the Yorkshire and Humber region.

Consumer law update: are your residents’ contracts compliant?

The CMA has published guidance highlighting the key changes to consumer law and the possible need for Care Homes to update their agreements to ensure compliance. Matt Donnelly provides an overview.

Covid-19 Inquiry: Module 6 (Care Sector) opens

Module 6 opened on 12 December 2023 and will investigate the impact of the pandemic on the publicly and privately funded adult social care sector in England, Scotland, Wales and Northern Ireland.

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?

CQC – staff training for care staff

As a Registered Manager of a regulated activity, you have a personal responsibility to ensure your service operates in accordance with the Fundamental Standards as set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

CQC – who regulates the regulator?

CQC – who regulates the regulator? It was disappointing to read in the press that the CQC has found that dozens of its reports are flawed.

CQC Complaints

They may be your regulator, but that doesn’t stop you complaining about their conduct. The CQC and its inspectors should treat you, your staff and your clients with courtesy and respect. If they don’t – complain! Send an email to complaints@cqc.org.uk.

CQC Key lines of enquiry

Key Lines of enquiry, prompts and ratings characteristics for adult social care services

CQC Notifications and how to challenge a fixed penalty notice

All providers are used to making safeguarding referrals to their Local Authority, but do you always make a referral to the CQC too?

CQC single assessment framework – we’ve finally got a start date!

CQC announced after hours on Thursday 19 October, a start date for the Single Assessment Framework. We’ve known for a few weeks that providers in the south would be the first to experience the new approach, and CQC have now confirmed that will be with effect from 21 November 2023.

CQC’s changing regulatory framework: key dates for your diary

CQC announced on Monday how and when providers can expect to access their new portal, and when the new inspection regime will come into force.

Death notifications in care homes – be prepared

CQC have confirmed 21st July 2021 as the date when they will release data showing notifications received from individual care homes relating to deaths of people with Covid-19 between 10 April 2020 and 31 March 2021.

Dementia, Care & Nursing Home Expo – we’d love to see you

We are delighted to announce that we will be exhibiting at the Dementia, Care & Nursing Home Expo, on 15/16 September 2021 at Birmingham’s NEC. We invite you to join us for two days filled with business-defining content, training, and exhibitor demonstrations.

Do you know what a good inspection looks like?

Hopefully the vast majority of inspections will follow that process but if Providers find themselves in a situation very different to that described here, it is important to report that back through the CQC complaints process and via the Factual Accuracy Challenge.

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.

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:

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.

Fundamental standards of care – Regulation 12 – safe care and treatment

All CQC registered providers, from the biggest NHS foundation trust down to the smallest care home, GPs and dentists alike, are required to adhere to the CQC fundamental standards of care.

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 How it affects health and social care businesses

Keeping confidential information about staff and patients secure is a responsibility businesses operating in the health and social care sectors have taken seriously for a long time. But the requirements 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.

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.

Guidance for when a social care provider is called to an inquest

Considerations and top tips for social care providers who are called to attend and give evidence at a Coroner's inquest.

Harrogate Neighbours launches ‘Care Fest’ with a performance of ‘Fighting for Life’ from touring P...

haysmacintyre & Hempsons Hospice and Care Benchmarking Report

Welcome to the latest edition of the haysmacintyre and Hempsons Hospice and Care Benchmarking Survey Report.

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 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 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 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 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 Social Care Newsbrief Autumn/Winter 2018

Welcome to the latest edition of our Social Care Newsbrief.

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 to exhibit & speak at the Dementia, Care & Nursing Home Expo 2020 

Hempsons will again be both exhibiting and speaking at the Dementia, Care & Nursing Home Expo taking place at the NEC in Birmingham on 17 & 18 March 2020 where Philippa Doyle will be speaking on 'All things Court of Protection'.

Hempsons welcomes new partner – Liz Hackett

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

Hempsons welcomes three trainees

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

Hempsons’ Social Care Newsbrief Summer 2019

Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.

How do you know when a safeguarding matter is a “serious incident” for the purposes of the Charity Commission?

Safeguarding of those involved in the charities sector, and particularly beneficiaries of charities, has become of increasing importance to the Charity Commission in recent years. Some headlines involving major charities such as Oxfam and Save the Children Fund have brought this topic to the top of the Charity Commission’s agenda.

How instability in the economy may impact the sale and purchase of care homes

Faisal Dhalla asks - with the cost of living rising, energy bills rocketing and bank borrowing becoming more expensive, where does that leave the market of selling and buying care homes?

How to get the most out of CQC inspections

CQC have helpfully published the document “How to get the most out of inspections”, showing exactly how an inspection should operate from beginning to end.

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.

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.

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.

ICO tool kit for handling FOI requests

The ICO has launched an online self assessment tool kit to help public authorities get back on track in handling FOI requests.

Immigration guidance update for the social care sector

The Government’s immigration guidance has been updated recently, impacting both employers and their employees within the social care sector.

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.

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

Is a Trial Period a Reasonable Adjustment?

What employers should note from the new EAT ruling

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.

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.

Mandatory COVID-19 vaccinations for staff – what do we know and what is to come?

We now have new legislation requiring care home staff to be vaccinated and there’s a consultation due on mandatory vaccination in the wider NHS and social care sector.

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 change: What does the CQC’s new single assessment framework mean for providers?

The CQC is changing the way it inspects and reports on services, but what are the evidence requirements for providers and what areas of the current system will remain the same?

Navigating the single assessment framework

Philippa Doyle, explains how to navigate the Care Quality Commission’s (CQC’s) new inspection regime in the most cost-effective way, outlining the essential steps your business needs to take in preparation.

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 Hempsons Southampton office

Announcing the opening of our fifth UK office.

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’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 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: 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: Changes to the PSC requirements were made on 26 June this year

Companies and LLPs need to be aware of the increased information requirements in respect of people with significant control (PSC). The details of these changes only became clear at a late date with implementation from 26 June 2017.

Newsflash: Emergency Application to the High Court’s Inherent Jurisdiction to protect a vulnerable adult

Emergency Application to the High Court’s Inherent Jurisdiction to protect a vulnerable adult.

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: 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 wins Best Professional Services at the Care Home Awards 2017

Hempsons wins best Best Professional Services, legal, financial, planning property management, compliance at the Care Home Awards 2017

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

Hempsons legal experts discuss the latest VCod guidance

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 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: 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: Sleep-ins and National Minimum Wage enforcement

The Department for Business, Energy and Industrial Strategy (BEIS) has today announced that enforcement in relation to the National Minimum Wage (NMW) for sleep-in shifts in the social care sector will be temporarily suspended.

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: 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.

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.

Not an April Fools – procurement law changes: reminder!

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

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.

Philippa Doyle presents at the Dementia Care & Nursing Home Expo 2019

Philippa Doyle spoke at the Dementia Care & Nursing Home Expo 2019 and her talk 'CQC Inspections and Reports - when to action, when to challenge' was filmed and is available on YouTube. The session provides valuable information to owners and managers as to how to get the most out of the Factual Accuracy process, the type and range of matters that can be raised and options available to a provider in receipt of an unsatisfactory CQC report, including timely use of the separate CQC complaints process, securing swift re-inspections and how to appeal.

Philippa Doyle takes part in the latest podcast for Care Home Management

Philippa Doyle recently joined a panel of specialist lawyers to discuss how care providers can challenge harsher CQC inspections and the conduct of some inspectors.

Podcast | CQC inspections – what’s the current focus?

In our latest podcast, social care expert Philippa Doyle and Jill Baker discuss the CQC's current approach to inspections.

Podcast: How to get the most out of CQC inspections

In August the Care Quality Commission helpfully published the document “How to get the most out of inspections”. In our latest podcast, Hempsons’ Jill Baker and social care law expert Philippa Doyle discuss this helpful guidance.

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

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 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.

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.

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.

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.

Scope of COVID-19 Inquiry to be broadened

Selling a care home – the legal aspects

Selling a care home requires input from specialist legal advisors who are experts in business law and social care law. In this article, we highlight the important considerations.

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.

Sleep-ins – what’s next?

The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.

Social Care Newsbrief autumn 2021

Read the autumn 2021 Social Care Newsbrief.

Social Care Newsbrief Autumn/Winter 2017/18

Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.

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.

Spring social care seminars – a review

Integral to our commitment to the health and social care sector is the provision of free high quality education and training on legal topics for the sector. It was in that vein that we welcomed more than 100 people – mainly social care providers – to our Spring social care seminars held in Harrogate and Manchester.

Straight Talk – The implications of unlawful discharge

In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.

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 end of DOLS?

On 13 March 2017, the Law Commission published its report on the Deprivation of Liberty Safeguards (“DOLS”) with proposals for their replacement.

The Fundamental Standards – Safeguarding

In this edition in our series of Fundamental Standards articles, we explore the Health and Social Act 2008 (Regulated Activates) 2014 regulation 13 – 'Safeguarding service users from abuse and improper treatment'.

The Fundamental Standards – Staffing

In the latest in our series of articles on the CQC Fundamental Standards of Care, Philippa Doyle looks at Regulation 18 – Staffing.

The Fundamental Standards are your bible – get a copy, read them and use them!

Do you want to know how to improve the lives of the people you support and hopefully impress the CQC at the same time – then read the Fundamental Standards and tailor your service to meet those standards.

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).

The Government’s new five-point package of measures for the immigration system

On 4 December the Government announced new changes to the immigration system that are due to come into effect next spring.

The Government’s new five-point package of measures for the immigration system has been given a timeline

The new immigration system comes into effect in April 2024. In this article we look at the key dates for visa holders.

The Hospice and Care Benchmarking Survey Report

The Hospice and Care Benchmarking Survey Report is the third study compiled by Haysmacintyre LLP (haysmacintyre) and Hempsons with the aim of sharing best practice in the sector and enabling management and trustees to assess their own structure, governance and monitoring procedures against other comparable charities.

The Independent Care Group

Social care providers can often struggle to have a unified voice with dozens of homes and domiciliary care organisations dealing with the same commissioners and facing the same challenges – but rarely speaking out in unison…

The new Procurement Bill – MEAT to MAT

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

Top tips for managing vexatious families

Helen Claridge looks at the increase in cases where tensions between care providers and the families of service users are escalating to disputes and even placement failures and offeres tips for managing these difficult situations.

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.

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 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.

Visiting arrangements in Care Homes  – New Guidance 2 December 2020

New Guidance has been implemented from 2 December 2020 (Visiting care homes during Covid 19 DHSC).

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.

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 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 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 to consider when purchasing a care home – The legal aspects

Buying a care home is a complex business transaction which will require considerable time and dedication on your part. Whilst the rewards will no doubt be satisfying, the legal process is not always straight forward and it requires input from specialist legal advisors who are experts in both business law and health and social care law.

What to consider when purchasing a care home: the legal aspects

The process of buying a care home requires input from specialist legal advisors who are experts in both business law and health and social care law. When purchasing a care home, you should consider the following...

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.

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.

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.