Regulation of healthcare providers

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Regulation of healthcare providers guidance:

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

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

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

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

Key healthcare bodies in England BodyRole Regulators Department of Health (DH) and Secretary of State for HealthA Ministerial Department which also supports 15 Arms...

Practice Note

What does effective governance mean in the public sector? The function of governance is to ensure that an organisation or partnership fulfils its overall purpose,...

Practice Note

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many aspects of the...

Practice Note

FORTHCOMING CHANGE: in January 2020, the government carried out a review into the implementation of the proposed changes to the off-payroll IR35 rules (as are set out in...

Practice Note

FORTHCOMING CHANGE: With effect from 6 April 2020, the special rules applying IR35 to off-payroll workers in the public sector are being extended to such workers when...

Practice Note

The medical degree Studying medicine is a popular career choice and over the years it has become extremely competitive to secure a place at medical school. The degree...

Practice Note

On 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) came into force. Between them these sections brought into operation a Code of Practice to...

Practice Note

Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where: • there is a question as to...

Practice Note

Solicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a number of tests and assessments that they need to...

Practice Note

The responsible clinician (RC), formerly the responsible medical officer (RMO) is the approved clinician who has overall responsibility for the patient’s case. The RC...

Practice Note

When considering issues relating to the treatment of children and young persons the practitioner should first ensure that they are conversant with the relevant provisions...

Practice Note

There are currently two types of NHS hospitals (ie public healthcare hospitals) in England: NHS Foundation Trusts (FTs) and NHS Trusts. In the event of a merger between...

Practice Note

What is the National Institute for Health and Care Excellence and what does it do? National Institute for Health and Care Excellence (NICE) is a non-departmental public...

Practice Note

The interaction between state involvement in the market, competition and EU law needs to be considered from a number of often interrelated dimensions. The competition law...

Practice Note

Regulation relating to public healthcare in England is primarily governed by the Health and Social Care Act 2012 (HSCA 2012), which made substantial amendments to the...

Practice Note

Produced in partnership with Alex Ruck Keene and Michelle Pratley both of 39 Essex Chambers. Safeguarding issues frequently underpin or arise in welfare proceedings in...

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

In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was announced. This was following concerns about standards of care at the Trust, and...

Practice Note