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Fair cost of care
The government is requiring local authorities to build strong foundations and look at market sustainability in relation to older people in care homes and the over-18s in domiciliary care. In order to secure additional funding from central government, local authorities are required to carry out cost of care exercises for… Read More
haysmacintyre & Hempsons Hospice and Care Benchmarking Report
Welcome to the latest edition of the haysmacintyre and Hempsons Hospice and Care Benchmarking Survey Report. The Hospice and Care Benchmarking Survey Report 2021 is the fourth study compiled by Haysmacintyre LLP and Hempsons, with the aim of sharing best practice in the sector and enabling management and trustees to… Read More
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. These related to discharge of patients from hospitals and admission to care homes and allowed for asymptomatic patients to be admitted without… Read More
Harrogate Neighbours launches ‘Care Fest’ with a performance of ‘Fighting for Life’ from touring Playwright
In collaboration with Hempsons, leading health, social care and charity lawyers, not-for-profit organisation Harrogate Neighbours welcomed some 50 guests on Thursday 19th May to enjoy a performance of ‘Fighting for Life’ – a play written by Brian Daniels to tell the story of one family’s struggle to access care… Read More
Scope of COVID-19 Inquiry to be broadened
Following the consultation period into the COVID-19 Inquiry Terms of Reference, the Chair Baroness Hallett has completed an analysis of the responses received. On 12 May 2022 Baroness Hallett wrote to the Prime Minister and recommended that the scope of the Inquiry be reframed to put potential inequalities at its… Read More
Liberty Protection Safeguards – an update
What? As contained in the Mental Capacity (Amendment) Act 2019 (yet to come into force), the Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards. LPS will provide a new framework for the protection of those aged 16 and over, in any setting who need… Read More
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. Read More
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 order to ensure that your sale goes through smoothly you should consider the following: Due Diligence The buyer and its advisors will undertake ‘due diligence’ on the care home. Read More
Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked
On 31 January 2022, Sajid Javid announced a reversal of government policy to implement mandatory COVID-19 vaccinations throughout much of the health and social care sectors. He explicitly stated that he was: “announcing that we will launch a consultation on ending Vaccination as a Condition of Deployment in health… Read More
The Court of Protection: a Brief Introduction
What is it? The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions. The Court of Protection has the power to make decisions concerning personal welfare and healthcare, as well as property… Read More