All Legal articles – Page 129
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News
Leak reveals plan for Ofcare regime of fines and closures
Underperforming trusts will face fines and closure under powers given to new health and adult social care regulator Ofcare, HSJ has learned.
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Comment
Ofcare: 'Ambitions and metrics' mark launch of a new regulatory era
'Ofcare's performance framework commences with mea culpa, admitting what healthcare professionals have been telling the Department of Health for years - top-down targets undermine innovation, motivation and accountability to communities'
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News
Make a splash with your merger: planning for success
To succeed in the mergers and acquisitions game, trusts must plan carefully, say Martin Jacobs and Steve Saunders
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News
David Lock on continuing care liability
'The dividing line between healthcare and social care has been the subject of numerous legal cases, endless guidance, appeals to and reports by the parliamentary ombudsman and more than a few scratched managers' heads over the years'
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News
Legal briefing: defending equal pay claims
The introduction of Agenda for Change.has sparked numerous claims of unequal pay in the health service. Tina Elliott discusses the legal foundation of such claims and how trusts are defending them.
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News
Ballot over pay rise could lead to strikes in September
Trade union Unite is to ballot its NHS members on industrial action over the government's staged pay rise for health workers, instead of the flat 2.5 per cent increase recommended by the pay review body. The ballot is planned for mid-August, raising the possibility of strikes from mid-September. The union ...
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HSJ Knowledge
Age discrimination: understanding the law
While cases are still being heard in the courts and employee victories are making headlines, Shirley Wright and Adele Aspden warn the NHS against forcing any employees to retire
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News
Former NHS chief heads disability inquiry
Former chief executive of Guy's and St Thomas' foundation trust Sir Jonathan Michael is to chair an independent inquiry into access to healthcare for people with learning disabilities, health secretary Patricia Hewitt has announced. The investigation follows charity Mencap's March report into the death of six people with learning disabilities.
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News
Legal briefing: staying in bed
Delayed discharge can be caused when clinically well patients refuse to go home. In such circumstances, what is the legal position for trusts faced with coercing patients to leave? Ian Long explains
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News
PCTs grapple with grey areas of GP-led commissioning
PBC has the potential to increase the quality and range of services available to patients, but PCTs must exercise caution to avoid conflicts of interest. Alison Moore reports
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News
Mental Health Alliance divided over clinical roles
The Mental Health Alliance, which was formed to oppose the Mental Health Bill, has split following a dispute over planned changes to staff roles.
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News
Blocked psychiatric beds cost £110m a year
Around 2,500 patients at any time are stuck on psychiatric wards when they should be getting some form of community care. A Department of Health report leaked to HSJ reveals poor planning and liaison between health and social care are responsible for the delayed discharges.
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News
Violent patients: legal dilemmas
The NHS has a.legal duty to provide 'reasonable services', but this does not include a legal duty to continue the services if the patient is being unreasonable.
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Comment
Back innovation and good judgement in primary care
Primary care trusts.are bound to weigh proposals fairly, but they cannot be compelled by entrepreneurs to make reckless decisions.
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HSJ Knowledge
Legal briefing: releasing value from land
Buildings need to be used efficiently and filled to capacity to raise money.needed for investment back into the health sector, argues Marisa Broadhurst.
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HSJ Knowledge
Legal briefing: community hospitals and LIFT
One of the keys to success of the community hospital.programme will be the development of sustainable partnerships, both within local NHS and local authority communities and also with innovative GPs and other private and voluntary sector providers
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HSJ Knowledge
Legal briefing: St Mary's Hospital and the Freedom of Information Act
How can managers be open and.limit damage to their trust under the Freedom of Information Act? Simon White advises
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News
Committee prepares to scrutinise Mental Health Bill
The British Medical Association, Royal College of Nurses and Royal College of Psychiatrists will be among those giving evidence to a cross-party committee scrutinising the Mental Health Bill before it passes through the Commons.Peers and MPs will focus on the six areas of the bill amended after votes in the ...
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News
Legal briefing: NICE rulings
Sometimes trusts have no choice but to follow the advice of the National Institute for Health and Clinical Excellence, says legal expert David Lock.
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News
BMA welcomes embryo ruling
The British Medical Association has welcomed the European Court's decision not to allow Natalie Evans to use embryos fertilised by an ex-partner in IVF treatment.Commenting on the ruling, BMA medical ethics committee chair Dr Tony Calland said the European Court has supported the principle of consent from all parties.Ms Evans ...