Healthcare

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Presumption of capacity for adults Section 1(2) of the Mental Capacity Act 2005 (MCA 2005) creates a presumption of capacity for adults. In the absence of proof to the...

Practice Note

This Practice Note sets out the role, powers and functions of the Care Quality Commission (CQC). What is the CQC? The CQC is a non-departmental statutory body, sponsored...

Practice Note

This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) on sanctions and enforcement. What is the CQC? The CQC is a non-departmental...

Practice Note

This Practice Note sets out the powers and practice of the Care Quality Commission (CQC) when conducting inspections and reviews of registered care providers. What is the...

Practice Note

What are Clinical Commissioning Groups (CCGs)? Clinical Commissioning Groups (CCGs) are National Health Service (NHS) organisations, comprising a consortia of General...

Practice Note

The NHS complaints procedure A patient’s search for a proper explanation about what went wrong, for an apology and for a promise that such mistakes will not be repeated...

Practice Note

Any consultation exercise carried out by a public authority in relation to a proposed decision must be conducted at a time when proposals are at a sufficiently formative...

Practice Note

This Practice Note provides a summary of key prosecutions for health and social care offences brought by the Care Quality Commission (CQC) in England since 2015. This...

Practice Note

A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make...

Practice Note

Brexit: As of exit day (31 January 2020), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by...

Practice Note

Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU law. During this...

Practice Note

FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005, replacing the current...

Practice Note

The Tribunals, Courts & Enforcement Act 2007 (TCEA 2007) into force on 3rd November 2008 creating the ‘new’ Mental Health Review Tribunals structure of a First-Tier...

Practice Note

There have been concerns for many years over the detention and representation of those persons whose state of mind did not require such detention. It was against the...

Practice Note

General Dental Council The General Dental Council (GDC) is the statutory body that regulates dentists and dental care professionals in the UK, pursuant to the Dentists...

Practice Note

Fitness to practise process When a concern is raised in relation to a registrant, the General Dental Council (GDC) will consider whether it is the correct organisation to...

Practice Note

Practice committees Where the Case Examiners (CEs) or the Investigating Committee (IC) have referred an allegation to a Practice Committee, the Practice Committee to...

Practice Note

Sanctions available If a Practice Committee determines that a registrant’s fitness to practise is currently impaired, it will then go on to consider whether to impose a...

Practice Note

Function of the Investigating Committee The role of the Case Examiners (CEs) and, if the CEs cannot reach a unanimous decision, the Investigating Committee (IC) is to...

Practice Note

Interim Orders Committee The Interim Orders Committee (IOC) is a statutory committee of the Council, which may impose interim orders for suspension or conditional...

Practice Note

Powers of the Case Examiners and the Investigating Committee The Case Examiners (CEs) may: • adjourn consideration of an allegation in order for further enquiries to be...

Practice Note

Appealable registration decisions The Registration Appeals Committee (RAC) considers appeals from dental professionals in relation to appealable registration decisions....

Practice Note

Brexit: As of exit day (31 January 2020), the UK is no longer an EU Member State, but it has entered an implementation period during which it continues to be treated by...

Practice Note

What is a review hearing? The rules relating to review hearings are contained in rules 18–22 of the General Medical Council (Fitness to Practise) Rules Order of Council...

Practice Note

Initial investigation The General Medical Council (GMC) normally only investigates complaints that could require action to remove or restrict a doctor's right to...

Practice Note

No action The power to take no action following a finding of impairment survives the introduction of the latest edition of the General Medical Council (GMC) and Medical...

Practice Note