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Case law update – COP newsletter April 2023 (Copy)

26 April 2023

Here is the round-up of the key Court of Protection cases from this quarter (September to December 2022), in which we believe our readers will be most interested. Please follow the link within the cas

Article

Case law update – COP newsletter April 2023

26 April 2023

Here is the round-up of the key Court of Protection cases from this quarter (September to December 2022), in which we believe our readers will be most interested. Please follow the link within the case summary to access the full judgment. Contact our team to discuss any particular case in more detail...

Article

An application in the Court of Protection for retrieval of sperm

26 April 2023

The diversity of cases brought before the Court of Protection is illustrated by the recent case of Re X, which involved an urgent out of hours application by the parents of X for a declaration that it would be lawful for X’s sperm to be retrieved and stored before and after his death, in circumstances where X had, at the age of only 22, suffered a stroke, rendering him unconscious...

Research
Article

Myth busting – next of kin

26 April 2023

There is a common misconception by the general public as well as health and social care professionals that being next of kin carries with it important powers and responsibilities.
This is a myth...

Article

The Court of Appeal has handed down judgment in G, Re (Court of Protection: Injunction)

26 April 2023

The Court of Appeal has handed down judgment in G, Re (Court of Protection: Injunction) [2022] EWCA Civ 1312 (11 October 2022) in which it considered the legal test for granting an injunction in the Court of Protection...

Article

New Royal College of Nursing (“RCN”) guidance issued on sexual relations between older residents in care homes

26 April 2023

The RCN has published new guidance to help nurses and care staff work effectively with issues such as sex, sexuality and intimate relationships for older people living in care homes...

Article

The Hewitt Review – what implications does it have for Provider Collaboratives?

21 April 2023

The Hewitt Review of Integrated Care Systems (ICS ) was published on 4 April 2023.

The objectives of the Review, commissioned by the Secretary of State for Health and Social Care in December 2022, included a requirement to make recommendations on ways “to empower local leaders to focus on improving population outcomes, giving them greater control while making them more accountable for performance and spending”. The output comprises some 36 recommendations on a range of key areas...

Article

Social care fund for hospital discharges

19 April 2023

In January 2023, the government announced an additional £200 million fund to speed up hospital discharge, for ICBs to fund maximum stays of up to four weeks per person in care homes and other settings with wrap around support, with the money to be spent by the end of March....

Article

Personal Health Budgets – some legal challenges

06 April 2023

Since October 2014 individuals eligible for NHS continuing healthcare, and children and young people’s continuing care, have had the right to have a personal health budget (PHB).

This right was extended to individuals in receipt of aftercare under section 117 of the Mental Health Act and for wheelchair budgets in December 2019...

Article

Liberty Protection Safeguards: delayed, or dead in the water?

06 April 2023

The Department of Health and Social Care (DHSC) has today announced that the implementation of the Liberty Protection Safeguards (LPS) will not go ahead this side of a general election (anticipated to be in Autumn 2024)...

Article

New network contract DES specification

04 April 2023

The network contract DES specification for 2023/24 was published last week. There are few changes of substance. The key points to note are...

Doctor and patient

Contentious Business Update

04 April 2023

Welcome to our Contentious Business Update
We focus on some topical and interesting legal issues affecting businesses. We hope you find this edition informative and insightful...