The DHSC published fact sheets on the Liberty Protection Safeguards (LPS) on 11 June 2021. The LPS are still scheduled to be implemented in the spring of 2022. We summarise the content of the fact sheets and how you can prepare for the LPS.

Welcome to the summer edition of our Clinical Law Insight. We report on recent developments in safety and learning, look ahead towards the Public Inquiry into the government’s response to the pandemic, and recommend actions for Covid-related claims.

The statutory inquiry into the government’s response to the Covid-19 pandemic will commence in 2022, which may compel organisations and individuals to provide evidence. We summarise the current situation and which steps NHS organisations need to take.

To reduce pressure on frontline staff during the pandemic, NHS Resolution has updated the timeline and required safety actions for submissions to the Maternity Incentive Scheme (MIS). We summarise what the scheme entails and its requirements here.

A clinician’s liability to a patient remains limited to the losses falling within the duty of care and not any wider co-incidental losses. The Supreme Court today ruled the scope of duty test generally was applicable to clinical negligence cases.

The Government has published new guidance for public sector employers on the making of special severance payments.

The Queen’s speech last week has confirmed that it is full steam ahead with procurement reform, with the new Procurement Bill expected in September 2021. We outline the next steps in our insight.

A joint report prepared by Getting It Right First Time (GIRFT) and NHS Resolution, looking at how claims data can be used effectively to prevent future claims, has been released today.

A recent High Court judgment highlights the importance for employers to demonstrate a clear, balanced and proportionate decision-making process when considering exclusion under MHPS.

The Care Quality Commission has published its final report on their special review into ‘Do Not Attempt Cardiopulmonary Resuscitation’ (DNACPR) decisions taken during the COVID-19 pandemic. We summarise the findings and what they mean for providers.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 imposes a duty of candour on health and social care providers. The CQC has updated its guidance, making clear the requirements and circumstances in which it must be applied.

The Paterson Inquiry reviewed how Ian Paterson had been able to practise in this way across both the NHS and private sector and with a view to identifying systemic improvements to ensure that patients are properly protected and compensated.