Decision in Maughan may lead not only to an increase in requests for an unlawful killing conclusion at inquest, but have wider consequences
25/01/21
The recent Supreme Court decision in Maughan means that all inquest conclusions (including suicide and unlawful killing) should now be decided on the balance of probabilities, rather than the criminal standard of proof which applied previously.
AI likely to assist in the post-Covid recovery of healthcare services, but could be a ‘disrupter’ in healthcare law
25/01/21
In recent years we have started to see Artificial Intelligence (AI) being used across medicine from radiology reporting to cancer diagnosis and ophthalmology.
Spotlight on two pending court decisions
25/01/21
Two cases awaiting decisions from the Supreme Court and Court of Appeal respectively, could have a significant impact for healthcare organisations.
Tackling Covid deniers: Key steps for NHS organisations
14/01/21
As well as damaging the morale amongst NHS workers, the actions of “Covid deniers” mislead the public at a time where it's crucial people comply with public health rules. In this insight, we outline the key steps for tackling this issue.
Independent report finds gender pay gap in the medical workforce narrowing very slowly
22/12/20
“Mend the Gap: The Independent Review into Gender Pay Gaps in Medicine in England”, commissioned by the DHSC, examines the structural and cultural barriers affecting the female medical workforce. We summarise the findings and what they mean for you.
Learning from ICO audit reports in the healthcare sector
11/12/20
The Information Commissioner’s Office can undertake agreed or compulsory audits as part of its regulatory powers. We have reviewed 13 recent audit reports for NHS organisations to identify common themes for potential learning in several key areas.
Gillick competence: Learning from Bell v Tavistock and Portman
08/12/20
In this case on the lawfulness of prescribing puberty-suppressing drugs to children with gender dysphoria, the judgment includes a factor analysis in assessing Gillick competence in children. We summarise the case and provide an assessment checklist.
The Elizabeth Dixon investigation - Learning from clinical error
07/12/20
The investigation report by Dr Bill Kirkup identifies multi-agency system failures in Elizabeth’s short life and the investigation of the circumstances of her death. We summarise a number of themes emerging from the recommendations.
DP v London Borough of Hillingdon – how will it change authorisation (s21A) proceedings?
24/11/20
This case highlights the importance of a proper capacity assessment and discussions with P regarding best interests, as well as the purpose of s21A proceedings. We summarise the decision and what to take away.
Liberty Protection Scheme: Care home manager role dropped
19/11/20
The Liberty Protection Safeguards National Steering Group revealed that DHSC will not be implementing the care home manager role when the rest of the LPS framework commences in April 2022, and that six sets of regulations will be published next spring.
Supreme Court confirms that inquest conclusion of unlawful killing and suicide can be determined on balance of probabilities
16/11/20
The Supreme Court decided that the criminal standard of proof is no longer required for an inquest to determine that a death was as a result of suicide or unlawful killing. We summarise the case, decision and what to take away.
Cap on public sector exit payments—Guidance and HM Treasury Direction published
30/10/20
The draft Restriction of Public Sector Exit Payments Regulations 2020, capping public sector exit payments at £95,000 will come into force on 4 November. The accompanying Government Guidance and HM Treasury Directions have now been published.