Mills & Reeve Response to the White Paper Equity and Excellence: Liberating the NHS

Size: px
Start display at page:

Download "Mills & Reeve Response to the White Paper Equity and Excellence: Liberating the NHS"

Transcription

1 Mills & Reeve Response to the White Paper Equity and Excellence: Liberating the NHS

2 Mills & Reeve Response to the Health White Paper 1 Introduction 1.1 This response contains our general comments on the current proposals set out in the White Paper. Please note that we are also submitting responses to the more specific consultation papers relating to Commissioning for Patients, Local Democratic Legitimacy in Health and Regulating Healthcare Providers. We have sought not to duplicate here any of the comments in those responses. The following comments are additional to, and intended to be read in conjunction with, our other consultation responses. 2 Real estate 2.1 We recommend that PCTs receive urgent guidance about signing up to new lease commitments and renewal leases to avoid the possibility of being left with surplus interests and liabilities in 2012/ Consideration needs to be given to the future of PCT HQ/administrative offices. Typically these will be leased and are likely to be unattractive to the new GP consortia who will either have their own premises or will not need buildings of the same size or in that location. Who will be responsible for residual liabilities such as outstanding rents on the residue of a leasehold term will be clearer in due course in our view it is more appropriate to go up to the NHS Commissioning Board rather than down/across to the GP consortia. GP consortia will resist taking on these commitments, which could affect their financial viability. 2.3 When transferring HQ/administrative offices or operational estate a key issue to be addressed will be the covenant strength of and the attractiveness or otherwise of the GP consortia to commercial landlords. Much will depend on their legal structure and the exact nature of the statutory entities that are envisaged for example whether they are NHS bodies as defined under s28 the NHS Act Landlords may be reluctant to consent to assignments unless the Secretary of State for Health (SSH) provides a covenant (along the same lines as the deeds of safeguard given by the SSH to provide further reassurance for Foundation Trusts in PFI deals). Alternatively it could be effected by outgoing PCTs providing authorised guarantee agreements backed by the SSH. Where premises are going to be surplus, PCTs should start negotiations earlier rather than later. 3 NHS Local Improvement Finance Trust (LIFT) 3.1 The Department of Health (through Community Health Partnerships), local participants such as PCTs and Local Authorities and private sector partners have all invested a significant amount of time and funding into the LIFT programme _2/4 Oct

3 Proposals specifically dealing with the treatment of LIFT interests and facilities will be required in order to support the White Paper proposals. Well before PCTs go choices will have to be made in relation to: whether the exclusivity arrangements set up under the Strategic Partnering Agreements will continue and if so who will be bound by them; where PCTs equity, sub-debt in LiftCo s should transfer; where PCTs interests and obligations under Lease Plus Agreements and Land Retained Agreements should go; once the above decisions are made there are further issues such as who takes over the role formerly taken by SHAs i.e. considering any derogations from standard forms. 3.2 On the current proposals the most logical PCT successor in LIFT would be the proposed NHS Commissioning Board, which it is understood is proposed to take responsibility for the commissioning role relating to GP and some other primary care services. This links in with the original DH advice that primary care estate should remain with the commissioners rather than creating an unfair advantage for a current provider. It will be important however to work through the implications of this including a comparison with other options: the geographical areas which the NHS Commissioning Board (even if acting through regional offices) will be covering will be much larger than the original LIFT areas which puts at risk losing some of the local benefits of the initiative; the original vision of LIFT was that GPs themselves would take the head leases and arrangements from the LiftCos. In the end this did not happen as there was a momentum from the PCTs who wanted to ensure that the LIFT projects happened within a certain timetable. It is worth revisiting the original plan behind LIFT and considering whether the move to GP led commissioning and the emergence of the GP consortia represents an opportunity to ensure full ownership of the LIFT facilities and also presents more opportunities to make use of the framework for the future; s70 of the NHS Act 2006 requires that PCT liabilities are dealt with by being transferred to an NHS body. Unless this legislation is amended this may restrict what options are available depending on how GP consortia are established; in some cases it may be logical for Local Authorities to take over the PCT interests. Some LIFT areas have benefitted from some strong local relationships which have resulted in integrated health and leisure/sports facilities for example and with the Local Authorities taking responsibility _2/4 Oct

4 for public health it might work well in those areas for such facilities to fall under their control; the DH still holds some residual NHS estate. One option that should be considered is that the PCT estate and obligations (under LIFT and possibly more widely too) are transferred to the DH then managed through their wholly owned Community Health Partnerships arm. This arm could also be the recipient of the various PCT LIFT shareholdings and could then be managed from the recently decentralised regional offices of the same. 3.3 We have been involved with numerous LIFT schemes from public sector participants, GP tenant, investor and senior funding perspectives. This has resulted in us developing a significant amount of experience and insight. Accordingly we would be very interested in contributing to any discussions or working groups that are looking at the best way of managing existing LIFT interests as well as the wider question of where the PCT estate and interests should go. 4 Employment issues 4.1 The application of TUPE is a key issue from a workforce point of view, and clarity is needed as to whether the provisions of the Cabinet Office Statement of Practice on Staff Transfers in the Public Sector providing TUPE equivalent protection and broadly comparable pension provision will be applied. Clarification is also needed for employers as to whether the provisions of the two tier workforce code will be applied together with clarification as to the impact of the White Paper on TUPE and pension issues under s75 partnership agreements. 4.2 Flexibility and cooperation is key during the transition period, and therefore clarification with regard to the powers to second staff to GP consortia and to local authorities is welcomed. 4.3 Given the endorsement of Agenda for Change as a non-discriminatory job evaluation scheme following the Hartley judgment, trusts will need to ensure that local pay schemes do not give rise to equal pay challenges. 5 Patient involvement/healthwatch 5.1 At paragraph 2.8 of the White Paper it states that hospitals will be required to be open about mistakes and always tell patients if something has gone wrong. It will be important to balance this with the NHSLA Apologies and Explanations circular dated 1 May 2009 which provides that explanations should not contain admissions of liability. 5.2 Choice is compatible with the concept of patient autonomy. However the public need to be clear that rationing is an inevitable part of the NHS provision of services. Patients cannot demand services. In the past there has been a political reluctance to accept that there is an element of rationing. The wording of s3(1)(e) of the NHS Act _2/4 Oct

5 2006 is important in this context. The NHS does not have a legal obligation to meet all the healthcare needs of its patients. Section 3(1)(e) provides that services should be provided to such extent as the Secretary of State considers necessary to meet all reasonable requirements. This presents itself very clearly in the world of NHS Continuing Healthcare when patients seek domiciliary care when nursing home care is substantially cheaper. 5.3 If patients are to have choice to register with any GP practice how will issues relating to e.g. Out of Area placements be organised? Will a GP practice in one consortium make decisions impacting on a GP practice in another consortium? Presumably the Responsible Commissioner Who Pays Guidance dated September 2007 will need to be rethought along GP consortia lines. 6 Information governance 6.1 Paragraph 2.6 of the White Paper refers to enabling patients to communicate with their clinicians about their health status on line. This presents a myriad of issues to be addressed with regard to protecting patient confidentiality. 6.2 Paragraph 2.11 of the White Paper refers to enabling patients to have control of their health records. How will this fit in with the provisions of the Data Protection (Subject Access Modification) (Health) Order 2000? It will be important to ensure that information is not disclosed which is likely to cause serious harm to the physical or mental health or condition of the patient or any other person. 7 Public health and social care 7.1 There is a significant overlap between health and social care. The report on funding of long term care is not due until the summer of 2011 and the Social Care White Paper is not due until October In addition, social care legislation is to be reviewed. It makes more sense for this to be expedited to ensure changes are harmonious. 7.2 There is a lot of merit in closely aligning aspects of health and social care. However, local authority budgets will not be protected, so there is bound to be tension between the public health and social care budgets. 7.3 Much is said about adult social services, however, we must not overlook those who rarely have a voice such as the homeless, asylum seekers, etc when we are considering the local needs of the society and the commissioning of services. 8 Mental health and mental capacity 8.1 Since November 2008 there has been the concept of Approved Clinicians in the field of mental health. SHAs are currently charged with exercising the function of approving persons to act as Approved Clinicians. They direct PCTs to do this. Who is going to do this going forward? Transitional arrangements will be very important _2/4 Oct

6 8.2 Currently SHAs approve s12(2) approved doctors under the National Health Service (Functions of Strategic Health Authorities and Primary Care Trust Administrative Arrangements) (England) Regulations Again this can be delegated to a PCT. See of the Mental Health Act Code of Practice for the steps SHAs are expected to take. Who is going to do this going forward? Transitional arrangements will be very important. 8.3 Currently PCTs have a duty under s117 of the Mental Health Act 1983 ( MHA ) to provide (jointly with local authorities) aftercare services when a patient is discharged from various sections of the MHA. Who will that duty now fall on? 8.4 A court may seek information from a PCT under s39 MHA as to the availability of suitable hospital places in their area. Will this transfer to the NHS Commissioning Board? 8.5 Mental Capacity Act PCTs are currently supervisory bodies under the Deprivation of Liberty Safeguards legislation. Will this transfer to the NHS Commissioning Board? 8.6 PCTs currently commission ambulance and patient transport services this includes transporting patients to and from hospital and other places. This aspect should not be overlooked in reallocation of PCT duties. 8.7 Advocacy Independent Mental Health Advocates (IMHAs) and Independent Mental Capacity Advocates (IMCAs) are currently commissioned by PCTs. Who will do that going forward? 9 Inspection bodies 9.1 There seem to be a proliferation of bodies inspecting and reviewing the NHS. Given all the changes that are being considered at present it seems sensible to consider how best scrutiny and external review can be undertaken in order to minimise different bodies auditing, reviewing and reporting on the NHS and asking the NHS for different information in different formats. The more bodies involved the greater the likelihood of key data slipping between two stools and one body thinking that another body is aware or dealing. 10 Prison Health 10.1 The Commissioning for Patients consultation paper states that this will fall within the remit of the NHS Commissioning Board, which will determine appropriate arrangements with GP consortia. Prisons are complex and difficult environments in which to provide care and this is an important area which should not be overlooked particularly given the interrelationship between both the prison service and the NHS _2/4 Oct

7 11 Priorities 11.1 The NHS Commissioning Board is to have a duty to address inequalities in outcomes. Postcode prescribing is already a criticism made by patients seeking, for example, access to high cost drugs or particular surgical treatments. Is this not going to be exacerbated by greater numbers of GP consortia? How will the NHS Commissioning Board deal with this? Previously a GP could, in conjunction with a hospital consultant, recommend a drug and blame the PCT who refused to fund. Now GPs will have to recommend and make funding decisions? Will we find a situation where GPs do not recommend a drug in order to avoid saying no? 12 NHS Continuing Healthcare 12.1 No mention has been made of this in the White Paper. How will this be dealt with in the brave new world? A lot of time has been invested with PCTs working on the Revised National Framework. That will have to be completely rewritten and the legislation around it changed. 13 Review of NHS legislation 13.1 The NHS Act 2006 contains a number of significant drafting flaws which were not addressed when the 1977 Act, and later legislation, were consolidated. In legislating for the reforms, there is a clear opportunity for existing NHS legislation (to the extent that it is not to be repealed) to be clarified and made more robust. 14 Contracts 14.1 The White Paper states that the NHS Commissioning Board will be responsible for producing standard/model contracts for use by GP consortia. The existing standard NHS mandatory contracts can be too inflexible in practice, and do not allow enough scope for adaptation where it is genuinely required in order to reflect actual requirements/circumstances and get the best deal commercially. The reforms present an opportunity to provide more flexible contracts, which could assist in encouraging innovation in service provision It is indicated that there will be a new primary medical care contract for GP practices. Given that this will link into GP commissioning by containing a payment linked to commissioning consortium outcomes, it would be useful for the new contract to be implemented to the same timescales as the implementation of GP commissioning It would be useful to know as soon as possible whether GP consortia will have health service body status, as this impacts on how they will operate and the status of some of their contractual arrangements. This is relevant to take into account during the planning and transition stages _2/4 Oct

8 15 Performers list management 15.1 The White Paper is silent on the important regulatory functions carried out by PCTs in relation to performers list management. These were introduced to ensure that we never had another Shipman on our hands, recognising that regulation at a local level was one of the key safeguards in this area. Clarity is needed around where this important function will sit in the future. To discuss any of the issues raised in this document please contact: Bridget Archibald Partner and Head of Health for Mills & Reeve LLP +44(0) bridget.archibald@mills-reeve.com _2/4 Oct

Policy reference Policy product type LGiU essential policy briefing Published date 08/12/2010. This covers England.

Policy reference Policy product type LGiU essential policy briefing Published date 08/12/2010. This covers England. 1 of 7 23/03/2012 15:23 Healthy Lives, Healthy People: Public Health White Paper Policy reference 201000810 Policy product type LGiU essential policy briefing Published date 08/12/2010 Author Janet Sillett

More information

Mental Health (Wales) Measure Implementing the Mental Health (Wales) Measure Guidance for Local Health Boards and Local Authorities

Mental Health (Wales) Measure Implementing the Mental Health (Wales) Measure Guidance for Local Health Boards and Local Authorities Mental Health (Wales) Measure 2010 Implementing the Mental Health (Wales) Measure 2010 Guidance for Local Health Boards and Local Authorities Januar y 2011 Crown copyright 2011 WAG 10-11316 F6651011 Implementing

More information

SPONSORSHIP AND JOINT WORKING WITH THE PHARMACEUTICAL INDUSTRY

SPONSORSHIP AND JOINT WORKING WITH THE PHARMACEUTICAL INDUSTRY SPONSORSHIP AND JOINT WORKING WITH THE PHARMACEUTICAL INDUSTRY 1 SUMMARY This document sets out Haringey Clinical Commissioning Group policy and advice to employees on sponsorship and joint working with

More information

Equity and Excellence: Liberating the NHS White paper 2010

Equity and Excellence: Liberating the NHS White paper 2010 Equity and Excellence: Liberating the NHS White paper 2010 Proposals for legislation Many of the changes in this White Paper require primary legislation. The Queen s Speech included a major Health Bill

More information

CCG CO21 Continuing Healthcare Policy on the Commissioning of Care

CCG CO21 Continuing Healthcare Policy on the Commissioning of Care Corporate CCG CO21 Continuing Healthcare Policy on the Commissioning of Care Version Number Date Issued Review Date V1 28 04 15 29 April 2015 April 2016 Prepared By: Head of Quality & Patient Safety Consultation

More information

Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions

Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions Birmingham CrossCity Clinical Commissioning Group Deprivation of Liberty Safeguards (DoLS) Policy: Supervisory body Functions Policy Number Purpose of document To ensure that that the rights of patients

More information

CLINICAL GOVERNANCE STRATEGY. For West Sussex PCT

CLINICAL GOVERNANCE STRATEGY. For West Sussex PCT CLINICAL GOVERNANCE STRATEGY For West Sussex PCT 2006 2009 Agreed by the Clinical Governance Committee: 31/01/07 Effective from: 31/01/07 Review: 31/07/07 Page 1 of 8 Contents Page Introduction 3 Principles

More information

NHS and independent ambulance services

NHS and independent ambulance services How CQC regulates: NHS and independent ambulance services Provider handbook March 2015 The Care Quality Commission is the independent regulator of health and adult social care in England. Our purpose We

More information

Implementation of the right to access services within maximum waiting times

Implementation of the right to access services within maximum waiting times Implementation of the right to access services within maximum waiting times Guidance for strategic health authorities, primary care trusts and providers DH INFORMATION READER BOX Policy HR / Workforce

More information

Our next phase of regulation A more targeted, responsive and collaborative approach

Our next phase of regulation A more targeted, responsive and collaborative approach Consultation Our next phase of regulation A more targeted, responsive and collaborative approach Cross-sector and NHS trusts December 2016 Contents Foreword...3 Introduction...4 1. Regulating new models

More information

Primary Care Commissioning Next Steps to Delegated Commissioning September Board Paper. 2.0 Delegated Opportunities, Benefits and Risks

Primary Care Commissioning Next Steps to Delegated Commissioning September Board Paper. 2.0 Delegated Opportunities, Benefits and Risks Primary Care Commissioning Next Steps to Delegated Commissioning September Board Paper 1.0 Introduction This paper provides a briefing to the Wandsworth CCG Board on our progress in developing a Primary

More information

Integrating care: contracting for accountable models NHS England

Integrating care: contracting for accountable models NHS England New care models Integrating care: contracting for accountable models NHS England Accountable Care Organisation (ACO) Contract package - supporting document Our values: clinical engagement, patient involvement,

More information

Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities

Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities OPG607 Deprivation of Liberty Safeguards A guide for primary care trusts and local authorities Mental Capacity Act 2005 DH INFORMATION READER BOX Policy HR/Workforce Management Planning/Performance Clinical

More information

Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money

Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money Policy Statement No. Salford Clinical Commissioning Group Policy on the Commissioning of NHS Continuing Healthcare for Adults: Assuring Equity, Choice and Value for Money Lead for development & revisions

More information

Wandsworth CCG. Continuing Healthcare Commissioning Policy

Wandsworth CCG. Continuing Healthcare Commissioning Policy Wandsworth CCG Continuing Healthcare Commissioning Policy Document Control Title Originator/author: Approval Body Wandsworth CCG Continuing Healthcare Commissioning Policy Alison Kirby / Munya Nhamo Wandsworth

More information

Collaborative Agreement for CCGs and NHS England

Collaborative Agreement for CCGs and NHS England RCCG/GB/15/164 Collaborative Agreement for CCGs and NHS England East Midlands Collaborative Commissioning Oversight Group (EMCCOG) 1. Particulars 1.1. This Agreement records the particulars of the agreement

More information

INTEGRATION SCHEME (BODY CORPORATE) BETWEEN WEST DUNBARTONSHIRE COUNCIL AND GREATER GLASGOW HEALTH BOARD

INTEGRATION SCHEME (BODY CORPORATE) BETWEEN WEST DUNBARTONSHIRE COUNCIL AND GREATER GLASGOW HEALTH BOARD INTEGRATION SCHEME (BODY CORPORATE) BETWEEN WEST DUNBARTONSHIRE COUNCIL AND GREATER GLASGOW HEALTH BOARD This integration scheme is to be used in conjunction with the Public Bodies (Joint Working) (Integration

More information

The use of lay visitors in the approval and monitoring of education and training programmes

The use of lay visitors in the approval and monitoring of education and training programmes Education and Training Committee, 12 September 2013 The use of lay visitors in the approval and monitoring of education and training programmes Executive summary and recommendations Introduction This paper

More information

Committee of Public Accounts

Committee of Public Accounts Written evidence from the NHS Confederation AMBULANCE SERVICE NETWORK/NATIONAL AMBULANCE COMMISSIONING GROUP KEY LINES ON FUTURE MODELS FOR AMBULANCE SERVICE COMMISSIONING Executive Summary Equity and

More information

Liberating the NHS: Legislative framework. next steps. and. Executive summary

Liberating the NHS: Legislative framework. next steps. and. Executive summary Liberating the NHS: Legislative framework next steps and Executive summary DH INFORMATION READER BOX Policy Estates HR / Workforce Commissioning Management IM & T Policy Planning / Finance Clinical Performance

More information

EXECUTIVE MEDICAL DIRECTOR JOB DESCRIPTION. Medical Education Leads Clinical Directors (professional leadership) Director of Clinical Audit

EXECUTIVE MEDICAL DIRECTOR JOB DESCRIPTION. Medical Education Leads Clinical Directors (professional leadership) Director of Clinical Audit EXECUTIVE MEDICAL DIRECTOR JOB DESCRIPTION Job Title: Accountable to: Responsible for: Executive Medical Director Chief Executive Director of Research & Development Medical Education Leads Clinical Directors

More information

NHS Rotherham. The Board is recommended to note the proposal to adopt the NHS EDS and to approve the development and implementation of the EDS

NHS Rotherham. The Board is recommended to note the proposal to adopt the NHS EDS and to approve the development and implementation of the EDS NHS Rotherham Management Executive 31 May 2011 NHS Rotherham Board 6 June 2011 Equality Delivery System This report has been informed by a briefing note from the SHA Contact Details: Lead Director: Sarah

More information

What is a location? Guidance for providers and inspectors. February v6 00 What is a Location Guidance with product sheet 1

What is a location? Guidance for providers and inspectors. February v6 00 What is a Location Guidance with product sheet 1 What is a location? Guidance for providers and inspectors February 2016 20160211 300900 v6 00 What is a Location Guidance with product sheet 1 Introduction In your application for registration, you will

More information

Item No. 15. Meeting Date Wednesday 14 th June Glasgow City Integration Joint Board Finance and Audit Committee

Item No. 15. Meeting Date Wednesday 14 th June Glasgow City Integration Joint Board Finance and Audit Committee Item No. 15 Meeting Date Wednesday 14 th June 2017 Glasgow City Integration Joint Board Finance and Audit Committee Report By: Contact: David Williams, Chief Officer Jim Charlton, Principal Officer Rights

More information

CCG CO10 Mental Capacity Act Policy

CCG CO10 Mental Capacity Act Policy Corporate CCG CO10 Mental Capacity Act Policy Version Number Date Issued Review Date 2 November 2016 November 2019 Prepared By: Consultation Process: Joint Commissioning Manager. CCG Executive Director

More information

Safeguarding Vulnerable People in the Reformed NHS - Accountability and Assurance Framework

Safeguarding Vulnerable People in the Reformed NHS - Accountability and Assurance Framework Policy Briefing May 2013 88 Safeguarding Vulnerable People in the Reformed NHS - Accountability and Assurance Framework Practice Areas Affected: Safeguarding children, young people and vulnerable adults

More information

ALLOCATION OF RESOURCES POLICY FOR CONTINUING HEALTHCARE FUNDED INDIVIDUALS

ALLOCATION OF RESOURCES POLICY FOR CONTINUING HEALTHCARE FUNDED INDIVIDUALS ALLOCATION OF RESOURCES POLICY FOR CONTINUING HEALTHCARE FUNDED INDIVIDUALS APPROVED BY: South Gloucestershire Clinical Commissioning Group Quality and Governance Committee DATE Date of Issue:- Version

More information

RISK MANAGEMENT EXPERT SUPPORT TO MANAGE RISK AND IMPROVE PATIENT SAFETY

RISK MANAGEMENT EXPERT SUPPORT TO MANAGE RISK AND IMPROVE PATIENT SAFETY RISK MANAGEMENT EXPERT SUPPORT TO MANAGE RISK AND IMPROVE PATIENT SAFETY medicalprotection.org +44 (0)113 241 0359 or +44 (0)113 241 0624 RISK MANAGEMENT EXPERT SUPPORT TO MANAGE RISK AND IMPROVE PATIENT

More information

JOB DESCRIPTION. Joint Commissioning Manager for Older People s Residential Care and Nursing Homes

JOB DESCRIPTION. Joint Commissioning Manager for Older People s Residential Care and Nursing Homes JOB DESCRIPTION Job Title: Grade: Team: Accountable to: Joint Commissioning Manager for Older People s Residential Care and Nursing Homes HAY 14 / AfC 8b (indicative) Partnership Commissioning Team Head

More information

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope...

Mental Health Act Policy. Board library reference Document author Assured by Review cycle. Introduction Purpose or aim Scope... Mental Health Act Policy Board library reference Document author Assured by Review cycle P041 Associate Director of Governance, Quality and Regulatory Compliance Quality and Standards Committee 1 Year

More information

Independent Mental Health Advocacy. Guidance for Commissioners

Independent Mental Health Advocacy. Guidance for Commissioners Independent Mental Health Advocacy Guidance for Commissioners DH INFORMATION READER BOX Policy HR / Workforce Management Planning / Performance Clinical Estates Commissioning IM&T Finance Social Care /

More information

PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY

PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY SAFEGUARDING ADULTS PETERBOROUGH SAFEGUARDING ADULTS BOARD (PSAB) MULTI-AGENCY TRAINING STRATEGY 2012/2013 Peterborough Safeguarding Adults Board Multi-Agency Training Sub-Group Training Strategy Introduction

More information

What are the risks if we develop a supported living scheme only to discover it is being treated by CQC as a care home?

What are the risks if we develop a supported living scheme only to discover it is being treated by CQC as a care home? VODG Briefing When is a Care Home not a Care Home? 1. Synopsis This briefing looks at the issue of how the Care Quality Commission ( CQC ) determines whether a service should be registered as a care home

More information

Framework for managing performer concerns NHS (Performers Lists) (England) Regulations 2013

Framework for managing performer concerns NHS (Performers Lists) (England) Regulations 2013 Framework for managing performer concerns NHS (Performers Lists) (England) Regulations 2013 Information reader box NHS England INFORMATION READER BOX Directorate Medical Operations Patients and Information

More information

Medicines Governance Service to Care Homes (Care Home Service)

Medicines Governance Service to Care Homes (Care Home Service) Medicines Governance Service to Care Homes (Care Home Service) Locally Enhanced Service Authors: Ruth Buchan, Senior Pharmacist Medicines Management 4th Floor F Mill Dean Clough Halifax HX3 5AX Tel-01422

More information

consultation A European health service? The European Commission s proposals on cross-border healthcare Key questions for NHS organisations

consultation A European health service? The European Commission s proposals on cross-border healthcare Key questions for NHS organisations the voice of the NHS in Europe consultation AUGUST 2008 NO. 1 A European health service? Key questions for NHS organisations The draft proposals aim to clarify the rules around existing rights to get treatment

More information

Any Qualified Provider: your questions answered

Any Qualified Provider: your questions answered Any Qualified Provider: your questions answered September 8, 2011 These answers cover a range of questions about the detail of Any Qualified Provider on integrated care, competition and procurement, liability

More information

Specialist mental health services

Specialist mental health services How CQC regulates: Specialist mental health services Provider handbook March 2015 The Care Quality Commission is the independent regulator of health and adult social care in England. Our purpose We make

More information

abcdefghijklmnopqrstu

abcdefghijklmnopqrstu Director-General Health and Chief Executive NHS Scotland Dr Kevin Woods abcdefghijklmnopqrstu T: 0131-244 2410 F: 0131-244 2162 E: dghealth@scotland.gsi.gov.uk CEL 4 (2010) Dear Colleague INFORMING, ENGAGING

More information

This document is uncontrolled once printed. Please check on the CCG s Intranet site for the most up to date version

This document is uncontrolled once printed. Please check on the CCG s Intranet site for the most up to date version This document is uncontrolled once printed. Please check on the CCG s Intranet site for the most up to date version NHS Continuing Healthcare Policy for the provision of NHS Continuing Healthcare: Choice,

More information

CCG Policy for Working with the Pharmaceutical Industry

CCG Policy for Working with the Pharmaceutical Industry CCG Policy for Working with the Pharmaceutical Industry 1. Introduction Medicines are the most frequently and widely used NHS treatment and account for over 12% of NHS expenditure. The Pharmaceutical Industry

More information

The National Programme for IT in the NHS: an update on the delivery of detailed care records systems

The National Programme for IT in the NHS: an update on the delivery of detailed care records systems Report by the Comptroller and Auditor General HC 888 SesSIon 2010 2012 18 may 2011 Department of Health The National Programme for IT in the NHS: an update on the delivery of detailed care records systems

More information

DRAFT CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY. Version 2

DRAFT CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY. Version 2 DRAFT CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY Version 2 1 Subject and version number of document: Continuing Healthcare (CHC) and Funded Nursing Care (FNC) Choice and Equity Policy Serial number:

More information

ADVOCATES CODE OF PRACTICE

ADVOCATES CODE OF PRACTICE ADVOCATES CODE OF PRACTICE Owner: Liz Fenton, Strategic Services Delivery Manager Approver: Management Team Date Document Version Draft/Final Distribution Comment 04/2006 1.0 Final All 12/2010 2.0 Final

More information

Integration Scheme. Between. Glasgow City Council. and. NHS Greater Glasgow and Clyde

Integration Scheme. Between. Glasgow City Council. and. NHS Greater Glasgow and Clyde Integration Scheme Between Glasgow City Council and NHS Greater Glasgow and Clyde December 2015 Page 1 of 60 1. Introduction 1.1 The Public Bodies (Joint Working) (Scotland) Act 2014 (the Act) requires

More information

Continuing Healthcare Policy

Continuing Healthcare Policy Continuing Healthcare Policy 1 SUMMARY This policy describes the way in which Haringey Clinical Commissioning Group (HCCG) will make provision for the care of people who have been assessed as eligible

More information

Supporting all NHS Trusts to achieve NHS Foundation Trust status by April Ipswich Hospital NHS Trust NHS East of England Department of Health

Supporting all NHS Trusts to achieve NHS Foundation Trust status by April Ipswich Hospital NHS Trust NHS East of England Department of Health TFA document Supporting all NHS Trusts to achieve NHS Foundation Trust status by April 2014 Tripartite Formal Agreement between: Ipswich Hospital NHS Trust NHS East of England Department of Health Introduction

More information

Safeguarding Adults Framework

Safeguarding Adults Framework Safeguarding Adults Framework SAFEGUARDING ADULTS FRAMEWORK Introduction Prevention and effective responses to neglect, harm and abuse is a basic requirement of modern health care services. Safeguarding

More information

Informing Patients of their Rights under Section 132

Informing Patients of their Rights under Section 132 Policy: I9 Informing Patients of their Rights under Section 132 Version: I9/05 Ratified by: Trust Management Team Date ratified: 12 June 2013 Title of Author: MHA Office / Health Records Manager Title

More information

Good Practice in the Transfer of Service User Care & Support between Trusts and Local Authority Areas

Good Practice in the Transfer of Service User Care & Support between Trusts and Local Authority Areas Care Coordination Association (formerly Care Programme Approach Association) Supporting quality care standards Good Practice in the Transfer of Service User Care & Support between Trusts and Local Authority

More information

SAFEGUARDING CHILDREN POLICY

SAFEGUARDING CHILDREN POLICY SAFEGUARDING CHILDREN POLICY The child s needs are paramount, and the needs and wishes of each child, be they a baby or infant, or an older child, should be put first Working Together 2015 p 8 Keeping

More information

Briefing. NHS Next Stage Review: workforce issues

Briefing. NHS Next Stage Review: workforce issues Briefing NHS Next Stage Review: workforce issues Workforce issues, and particularly the importance of engaging and involving staff, are a central theme of the NHS Next Stage Review (NSR). It is the focus

More information

Section 117 Policy The Mental Health Act 1983

Section 117 Policy The Mental Health Act 1983 Section 117 Policy The Mental Health Act 1983 [as amended by the Mental Health Act 2007] DOCUMENT CONTROL: Version: 1 Ratified by: Mental Health Legislation Committee Date ratified: 2 November 2016 Name

More information

England. Questions and Answers. Draft Integrated Care Provider (ICP) Contract - consultation package

England. Questions and Answers. Draft Integrated Care Provider (ICP) Contract - consultation package England Questions and Answers Draft Integrated Care Provider (ICP) Contract - consultation package August 2018 Questions and Answers Draft Integrated Care Provider (ICP) Contract - consultation package

More information

HEFCW s draft fee and access plan guidance. Draft proposals for consultation

HEFCW s draft fee and access plan guidance. Draft proposals for consultation HEFCW s draft fee and access plan guidance Draft proposals for consultation www.hefcw.ac.uk Circular W16/07HE: Annex A If you require this document in an alternative accessible format, please telephone

More information

NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE. Interim Process and Methods of the Highly Specialised Technologies Programme

NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE. Interim Process and Methods of the Highly Specialised Technologies Programme NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE Principles Interim Process and Methods of the Highly Specialised Technologies Programme 1. Our guidance production processes are based on key principles,

More information

How CQC monitors, inspects and regulates adult social care services

How CQC monitors, inspects and regulates adult social care services How CQC monitors, inspects and regulates adult social care services November 2017 Contents MONITORING AND INFORMATION SHARING... 3 How we monitor and inspect adult social care services... 3 CQC Insight...

More information

MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY

MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY MENTAL CAPACITY ACT (MCA) AND DEPRIVATION OF LIBERTY SAFEGUARDS (DoLS) POLICY Last Review Date Approving Body Not Applicable Quality & Patient Safety Committee Date of Approval 3 November 2016 Date of

More information

Policy Document Control Page

Policy Document Control Page Policy Document Control Page Title Title: MHA Section 117 After-care Version: 4 Reference Number: CL49 Keywords: Mental Health Act, after-care, care planning, discharge, duty, continuing, after-care services,

More information

CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY

CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY CONTINUING HEALTHCARE (CHC) CHOICE & EQUITY POLICY Ref: Version: Supersedes: Author (inc Job Title): Ratified by: (Name of responsible Committee) Date ratified: To be completed by Corporate Team To be

More information

Background and progress

Background and progress the voice of NHS management briefing MARCH 2004 ISSUE 96 Electronic booking an initial guide to implementation Keeping abreast of IT Everyone who plays a leading or frontline role in the delivery of high-quality

More information

Performance and Quality Committee

Performance and Quality Committee Title: NHS Continuing Health Care Choice Policy (addendum to Cornwall Wide Patient Choice, Equity and Fair Access Policy) Developed by: Document type: Policy library: NHS Kernow Policy Policies Sub Section:

More information

Joint framework: Commissioning and regulating together

Joint framework: Commissioning and regulating together With support from NHS Clinical Commissioners Regulation of General Practice Programme Board Joint framework: Commissioning and regulating together A practical guide for staff January 2018 Publications

More information

North East Hampshire and Farnham Clinical Commissioning Group Safeguarding Framework

North East Hampshire and Farnham Clinical Commissioning Group Safeguarding Framework North East Hampshire and Farnham Clinical Commissioning Group Safeguarding Framework North East Hampshire and Farnham Clinical Commissioning Group Safeguarding Strategic Framework Page 3 of 27 Contents

More information

Stage 4: Investigation process

Stage 4: Investigation process Stage 4: Investigation process This Stage covers: Purpose of the investigation Roles and responsibilities Who should undertake the investigation? The investigator s report 16.17 Purpose of the investigation

More information

Quality and Safety Committee Terms of Reference

Quality and Safety Committee Terms of Reference Approved May 2016 Quality and Safety Committee Terms of Reference 1. Constitution The Quality and Safety Committee is established as a sub-committee of The Hillingdon Hospitals NHS Foundation Trust (THH)

More information

Implementing the Mental Health (Wales) Measure 2010

Implementing the Mental Health (Wales) Measure 2010 Implementing the Mental Health (Wales) Measure 2010 Guidance for Local Health Boards and Local Authorities on the Establishment of Joint Schemes for the Delivery of Local Primary Mental Health Support

More information

Quality and Governance Committee. Terms of Reference

Quality and Governance Committee. Terms of Reference Quality and Governance Committee Terms of Reference 1. Constitution 1.1 The Clinical Commissioning Group s Governing Body hereby resolves to establish a Committee of the Governing Body known as the Quality

More information

Delegated Commissioning Updated following latest NHS England Guidance

Delegated Commissioning Updated following latest NHS England Guidance Delegated Commissioning Updated following latest NHS England Guidance 13th August 2015 Croydon, Kingston, Merton, Richmond, Sutton and Wandsworth NHS Clinical Commissioning Groups and NHS England (Direct

More information

CVS Rochdale Policy Briefing

CVS Rochdale Policy Briefing CVS Rochdale Policy Briefing Healthy Lives, Healthy People: The Public Health White Paper Introduction People in England are healthier and living longer than ever before. However health inequalities in

More information

PARTNERSHIP AGREEMENTS FOR THE COMMISSIONING OF HEALTH, WELLBEING AND SOCIAL CARE SERVICES

PARTNERSHIP AGREEMENTS FOR THE COMMISSIONING OF HEALTH, WELLBEING AND SOCIAL CARE SERVICES PARTNERSHIP AGREEMENTS FOR THE COMMISSIONING OF HEALTH, WELLBEING AND SOCIAL CARE SERVICES 1. EXECUTIVE SUMMARY Commissioning is the process used by local authorities and NHS bodies to arrange services

More information

Response to recommendations made in the Independent review into Liverpool Community Health NHS Trust

Response to recommendations made in the Independent review into Liverpool Community Health NHS Trust To: The Board For meeting on: 22 March 2018 Agenda item: 8 Report by: Ian Dalton, Chief Executive Officer Report on: Response to recommendations made in the Independent review into Liverpool Community

More information

Tackling barriers to integration in Health and Social Care

Tackling barriers to integration in Health and Social Care Viewpoint 69 Tackling barriers to integration in Health and Social Care The drivers for greater integration of health and social care are wellknown: an increasing elderly population, higher demand for

More information

NHS Highland Plan for rebalancing of Primary Care Dental Services

NHS Highland Plan for rebalancing of Primary Care Dental Services Highland NHS Board 3 February 2015 Item 4.3 NHS Highland Plan for rebalancing of Primary Care Dental Services 2015-2020 Report by Dr Ken Proctor Associate Medical Director, Executive Director for Primary

More information

Central London Clinical Commissioning Group Governing Body Meeting 13 August 2014

Central London Clinical Commissioning Group Governing Body Meeting 13 August 2014 Central London Clinical Commissioning Group Governing Body Meeting 13 August 2014 CONTRACT AWARD - CARE PROVIDER PROCUREMENT OF SPECIALIST HOUSING FOR OLDER PEOPLE IN WESTMINSTER (SHSOP) 1. Executive Summary

More information

The Social Work Model Complaints Handling Procedure

The Social Work Model Complaints Handling Procedure The Social Work Model Complaints Handling Procedure Issued: December 2016 Scottish Public Services Ombudsman The Social Work Model Complaints Handling Procedure I 2 The Social Work Model Complaints Handling

More information

NOTTINGHAM UNIVERSITY HOSPITAL NHS TRUST. PATIENT ACCESS MANAGEMENT POLICY (Previously known as Waiting List Management Policy) Documentation Control

NOTTINGHAM UNIVERSITY HOSPITAL NHS TRUST. PATIENT ACCESS MANAGEMENT POLICY (Previously known as Waiting List Management Policy) Documentation Control NOTTINGHAM UNIVERSITY HOSPITAL NHS TRUST PATIENT ACCESS MANAGEMENT POLICY (Previously known as Waiting List Management Policy) Documentation Control Reference CL/CGP/026 Approving Body Senior Management

More information

Learning from Deaths Policy. This policy applies Trust wide

Learning from Deaths Policy. This policy applies Trust wide Learning from Deaths Policy This policy applies Trust wide Document control page Name of policy Learning from Deaths Policy Names of linked Learning from Deaths Procedure procedures Accountable Medical

More information

NHS Dorset Clinical Commissioning Group Deprivation of Liberty Safeguards Guidance for Managing Authorities

NHS Dorset Clinical Commissioning Group Deprivation of Liberty Safeguards Guidance for Managing Authorities Deprivation of Liberty Safeguards Guidance for Managing Authorities Supporting people in Dorset to lead healthier lives Quality Strategy DEPRIVATION OF LIBERTY SAFEGUARDS GUIDANCE FOR MANAGING AUTHORITIES

More information

English devolution deals

English devolution deals Report by the Comptroller and Auditor General Department for Communities and Local Government and HM Treasury English devolution deals HC 948 SESSION 2015-16 20 APRIL 2016 4 Key facts English devolution

More information

Implied Consent Model and Permission to View

Implied Consent Model and Permission to View NHS CRS - Summary Care Record, Implied consent model and Permission to view Programme NPFIT Document Record ID Key Sub-Prog / Project Summary Care Record NPFIT-SCR-SCRDOCS-0025.02 Prog. Director James

More information

High level guidance to support a shared view of quality in general practice

High level guidance to support a shared view of quality in general practice Regulation of General Practice Programme Board High level guidance to support a shared view of quality in general practice March 2018 Publications Gateway Reference: 07811 This document was produced with

More information

Pam Jones, Associate Director Safeguarding.

Pam Jones, Associate Director Safeguarding. NHS BOLTON CLINICAL COMMISSIONING GROUP Public Board Meeting AGENDA ITEM NO: 16 Date of Meeting: 23 rd September 2016 TITLE OF REPORT: AUTHOR: PRESENTED BY: PURPOSE OF PAPER: (Linking to Strategic Objectives)

More information

Explanatory Memorandum to the Domiciliary Care Agencies (Wales) (Amendments) Regulations 2013

Explanatory Memorandum to the Domiciliary Care Agencies (Wales) (Amendments) Regulations 2013 Explanatory Memorandum to the Domiciliary Care Agencies (Wales) (Amendments) Regulations 2013 This Explanatory Memorandum has been prepared by the Social Services Policy and Strategies Division of the

More information

The operating framework for. the NHS in England 2009/10. Background

The operating framework for. the NHS in England 2009/10. Background the voice of NHS leadership briefing DECEMBER 2008 ISSUE 172 The operating framework for the NHS in England 2009/10 Key points No new national targets. National priorities are the same as last year. but

More information

Framework for Patient and Public Involvement and Wider External Engagement and Relationship Building

Framework for Patient and Public Involvement and Wider External Engagement and Relationship Building Framework for Patient and Public Involvement and Wider External Engagement and Relationship Building 1 Table of contents Introduction... 3 Definition of Engagement and Involvement... 3 Proposed Engagement/Relationship

More information

Version Number Date Issued Review Date V2: Extension November 2017 April 2018

Version Number Date Issued Review Date V2: Extension November 2017 April 2018 Corporate CCG CO03 Deprivation of Liberty Safeguards (DoL) Policy Version Number Date Issued Review Date V2: Extension November 2017 April 2018 Prepared By: Consultation Process: Newcastle Gateshead Alliance

More information

CLINICAL COMMISSIONING GROUP RESPONSIBILITIES TO ENSURE ROBUST SAFEGUARDING AND LOOKED AFTER CHILDREN ARRANGEMENTS

CLINICAL COMMISSIONING GROUP RESPONSIBILITIES TO ENSURE ROBUST SAFEGUARDING AND LOOKED AFTER CHILDREN ARRANGEMENTS MEETING DATE: 14 March 2013 AGENDA ITEM NUMBER: Item 8.6 AUTHOR: JOB TITLE: DEPARTMENT: Sarah Glossop Designated Nurse Safeguarding Children NHS North Lincolnshire Clinical Commissioning Group REPORT TO

More information

NHS Northern, Eastern and Western Devon Clinical Commissioning Group

NHS Northern, Eastern and Western Devon Clinical Commissioning Group NHS Northern, Eastern and Western Devon Clinical Commissioning Group Final V15-Individual Package of Care policy Policy relating to the provision of NHS funded care for individual care packages for adults

More information

Mental Health Drugs and Alcohol Policy Network. Mental Capacity Act 2005

Mental Health Drugs and Alcohol Policy Network. Mental Capacity Act 2005 Mental Health Drugs and Alcohol Policy Network Mental Capacity Act 2005 A general update report on developments, including the Deprivation of Liberty Safeguards to be implemented in April 2009 October

More information

Personal Budgets and Direct Payments

Personal Budgets and Direct Payments Personal Budgets/Direct Payments Date of resource : April 20 Page 1 of Learning Aims The learning aims of this briefing are to enable you to 1 Understand how personal budgets can be requested for special

More information

Transparency and doctors with competing interests guidance from the BMA

Transparency and doctors with competing interests guidance from the BMA Transparency and doctors with competing interests British Medical Association bma.org.uk British Medical Association Transparency and doctors with competing interests 1 Introduction The need for transparency

More information

DRAFT Welsh Assembly Government

DRAFT Welsh Assembly Government DRAFT Welsh Assembly Government HEALTH, SOCIAL CARE AND WELL BEING STRATEGIES: POLICY GUIDANCE Status: Draft @ 031002 1 Welsh Assembly Government Health, Social Care and Well-being Strategies: Policy Guidance

More information

Supporting all NHS Trusts to achieve NHS Foundation Trust status by April 2014

Supporting all NHS Trusts to achieve NHS Foundation Trust status by April 2014 TFA document Supporting all NHS Trusts to achieve NHS Foundation Trust status by April 2014 Tripartite Formal Agreement between: Hertfordshire Community NHS Trust NHS East of England Department of Health

More information

REPORT TO MERTON CLINICAL COMMISSIONING GROUP GOVERNING BODY

REPORT TO MERTON CLINICAL COMMISSIONING GROUP GOVERNING BODY REPORT TO MERTON CLINICAL COMMISSIONING GROUP GOVERNING BODY Date of Meeting: 26 November 2015 Agenda No: 6.2 Attachment: 06 Title of Document: Adult Safeguarding Annual Report 2014/15 Purpose of Report:

More information

Version Number Date Issued Review Date V1: 28/02/ /08/2014

Version Number Date Issued Review Date V1: 28/02/ /08/2014 Corporate CCG CO01 Access and Choice Policy Version Number Date Issued Review Date V1: 28/02/2013 31/08/2014 Prepared By: Consultation Process: Governance Lead, NHS South of Tyne and Wear Information Governance

More information

Protocol for. The use of Independent Best Interests Assessors for. Deprivation of Liberty Safeguards Assessments in care homes and hospitals

Protocol for. The use of Independent Best Interests Assessors for. Deprivation of Liberty Safeguards Assessments in care homes and hospitals Protocol for The use of Independent Best Interests Assessors for Deprivation of Liberty Safeguards Assessments in care homes and hospitals Report Author: Lorraine Currie Revised April 2013 Review Date:

More information

EQUITY & EXCELLENCE: LIBERATING THE NHS

EQUITY & EXCELLENCE: LIBERATING THE NHS EQUITY & EXCELLENCE: LIBERATING THE NHS Together the Optical Confederation represents the 12,000 optometrists, 6,000 dispensing opticians and 8,000 optical businesses in the UK who provide high quality

More information

Ethical framework for priority setting and resource allocation

Ethical framework for priority setting and resource allocation Ethical framework for priority setting and resource allocation UNIQUE REF NUMBER: CD/XX/083/V2.0 DOCUMENT STATUS: Approved - Commissioning Development Committee 16 August 2017 DATE ISSUED: August 2017

More information

Methods: Commissioning through Evaluation

Methods: Commissioning through Evaluation Methods: Commissioning through Evaluation NHS England INFORMATION READER BOX Directorate Medical Operations and Information Specialised Commissioning Nursing Trans. & Corp. Ops. Commissioning Strategy

More information