The Remedies Directive

The final draft of the Regulations implementing the Remedies Directive came into force on 20 December 2009. The new Regulations necessitate major changes in the way procuring authorities run tender processes.

Negotiation and conclusion of your 2010 NHS standard contracts

Following the publication by the Department of Health of the new NHS standard contracts in January this year, commissioners and providers throughout England will be negotiating their contracts with the aim of achieving service commencement under the new terms and conditions from April. We worked closely with the Department of Health contracts and policy teams on concluding the new contracts and we highlight here the key boilerplate changes introduced for 2010/11.

Choice and competition in public services

The OFT has published a Guide for policy makers on Choice and Competition in Public Services. Drawing on “lessons learned” from historic initiatives to open up public services to greater choice, the Guide identifies critical success factors in designing market mechanisms.

Claim for failure to diagnose premature rupture of membranes in pregnancy

Ingram v Williams [2010]. A claim was made against a general practitioner for injuries that the claimant (“C”) suffered whilst his mother was pregnant with him. His mother, “Mrs J” acted as his litigation friend in the proceedings. The claimant was aged 26 at the time of the trial.

The Children, Schools and Families Act 2010

Following discussions with the opposition parties, a number of provisions were removed from The Children, Schools and Families Bill to allow it to be passed quickly. The Bill was enacted on 8 April 2010.

Eligibility for Continuing Healthcare

There have been an increasing number of requests for advice as to whether Local Authorities (LAs) retain any responsibility for the provision of services where a person has been assessed as eligible for NHS Continuing Healthcare (CHC). There have been concerns that LAs have refused to, or felt unable to, become or remain involved where such eligibility exists, on the basis that a finding of eligibility for CHC means that the NHS is required to meet all of the needs of the particular individual. This article is an analysis of the overlap of responsibilities which continue to exist between NHS bodies and Local Authorities where an individual is in receipt of CHC.

Equality Act 2010

The Equality Act contains a range of new rights powers and obligations to help the drive towards equality. It brings together Discrimination Law introduced over four decades through legislation and regulation, and replaces most of the previous discrimination legislation.

Parental override of the refusal of a young person with capacity

The law in the area rests with the Family Law Reform Act 1969 (FLR 1969), the Mental Capacity Act 2005 (MCA 2005) and the Human Rights Act 1998 (HRA 1998).

Personal Care at Home Act 2010

At present local authorities providing certain social care services can recover such charges as they consider reasonable in respect of those services, by virtue of section 17 of the Health and Social Services and Social Security Adjustments Act 1983. Those services include personal care.

Fines in prosecutions following work related deaths

On 9 February 2010, the Sentencing Guidelines Council published long awaited Guidelines as to the penalties that Judges should impose upon an NHS body following its conviction for corporate manslaughter or for health and safety breaches which cause death. The Guidelines took effect on 15 February 2010 and they will be retrospective i.e. they will apply to all cases which are due to be sentenced after 15 February regardless of the date of the fatal incident.

What constitutes a “Deprivation of Liberty”?

The Mental Capacity Act 2005 ("the Act") covering Wales and England provides a statutory framework for acting and making decisions on behalf of people who lack the capacity to make those decisions for themselves.