Public And Regulatory Law Group Alert - March 2013

Introduction Welcome to FFW's Public and Regulatory Group Alerter, highlighting the key cases and events taking place in February 2013.

This month saw the publication of the Francis report highlighting the findings of the Mid Staffordshire NHS Foundation Trust Public Inquiry into failures in care at the Trust between 2005 and 2009. See below for more on the report itself, and issues it raises regarding whistleblowing.

This month, in cases of note, the courts have held that a regulator was not obliged to give a respondent notice of proceedings by email as well as via registered post, have given a view on what amounts to practising as a doctor (in the context of of a practitioner who had been suspended from the medical register), and have also explored the availability of race and religious discrimination claims as a method of challenge to a regulator's decisions.

Regulatory news

Health and social care

Mid-Staffordshire NHS Foundation Trust Public Inquiry publishes final report

Robert Francis QC's report was published on 6 February 2013. This built on his earlier report, of February 2010, which highlighted failures of care causing suffering to thousands of patients at the Mid Staffordshire NHS Foundation Trust between 2005 and 2008. The report identifies serious systemic failings amongst the Trust and other bodies responsible for oversight of patient care, including tolerance of poor standards and a disengagement of management from patient care and leadership responsibilities. A focus on targets was at the cost of delivering acceptable standards of care.

The report makes 290 recommendations. These include the fostering of a common culture of putting the patient first, the development of fundamental standards, ensuring openness, transparency and candour and increased accountability. The first recommendation is that all commissioning, service provision regulatory and ancillary organisations in healthcare should consider the findings and recommendations of this report and decide how to apply them to their own work. All such organisations must publish a report within a year detailing progress in relation to its plans. To read the report in full please click here

Following the publication of the report, there has been a renewed focus on whistle-blowing within the NHS. This issue is examined in more detail in our feature, below.

General Medical Council issues new guidance

The GMC has issued new guidance for doctors on prescribing medicines and guidance for its Investigation Committee and Case Examiners on dealing with allegations a doctor assisted in a patient's suicide. The prescribing guidance indicates that doctors should avoid prescribing for themselves or their families unless in an emergency where lives or health are at serious risk. They must also not prescribe performance-enhancing drugs or treatments to athletes. The guidance also reminds doctors of the adverse incidents which they must report. The guidance for the Investigation Committee and Case Examiners includes a re-statement of the relevant principles where a patient raises the issue of ending their life.

To read the guidance on 'Good practice in prescribing and managing medicines and devices' in full please click here. To read 'Our guidance for decision-makers' please click here.

Professional Standards Authority report supports General Dental Council governance arrangements

A PSA report has concluded that the GDC's governance arrangements are reasonable and that the GDC has not failed and is not failing to carry out its statutory functions. In 2011 the Department of Health asked the CHRE (now PSA) to advise on concerns raised by the former Chair of the GDC about the organisation'"s governance. The report examines the difficulties the GDC encountered in 2009 to 2010. It acknowledges that the new leadership is working effectively and recognises that it will take time for wide-reaching and significant changes to become evident within an organisation'"s day-to-day activities.

To read the report in full please click here

Nursing and Midwifery Council to review overseas registration policy

The NMC has announced that it is reviewing its overseas registration policy and procedures. This is aimed at achieving a clearer registration process for overseas applicants. The NMC has a continuing commitment to review all of its practices and procedures following last year'"s strategic review by the PSA.

For more information please click here

General Osteopathic Council publishes vision for future

The GOsC and other stakeholders have published a joint statement: 'A development agenda for UK osteopathy'. The statement includes aims and objectives, principles, and development projects. The stakeholders continue to work on the agenda and welcome feedback on the statement. For more information or to provide feedback on the statement, please click here

Care Quality Commission publishes Mental Health Act Annual Report

The CQC's Mental Health Act Annual Report concluded that mental health services must do more to ensure that the care they provide to patients in hospital is based on individual needs. The report reveals that 15% of people receiving care under the Mental Health Act are not involved in the decisions made about their care. The CQC also expressed concern that some hospitals have allowed cultures to develop where control and containment of detained patients are prioritised over treatment and care.

For more information click here

Care Quality Commission publishes Equality Matters report

The CQC's Equality Matters report demonstrates how the CQC regulates services and equality in its workforce. The CQC's Equality report from 2012 was used by the Equality and Human Rights Commission as an example of an organisation displaying good practice in fulfilling the duty to publish information about equality.

For more information click here

Human Fertilisation and Embryology Authority

A High Court Judge has ruled that two sperm donors can apply for contact with the children born from their donation. In this particular case, the sperm donation was to two same sex couples in a civil partnership but contact has not yet been granted. The ruling raises the question of whether, following donor conception treatment, a known donor can seek access to a child that he is biologically related to, even if he is not the legal father. For further information please click here

Electoral Commission Scottish Government confirmed it will accept Electoral Commission recommendations

Following the Electoral Commission's recommendations on the referendum question, the Scottish Government has confirmed the question to be put before the Scottish Parliament. The question will be: '"Should Scotland be an independent country? Yes/No'".

The Deputy First Minister Nicola Sturgeon called on the UK government to accept the Commission's recommendations.

For more information click here

Finance Financial Reporting Council launches consultation on improving auditors' reports

The FRC has launched a consultation aimed at improving auditors' reports to better meet the needs of investors and enhance the value of audit. It is proposed that auditors' reports should describe the risks of material misstatement identified and assessed by the auditor; explain how the auditor applied the concept of materiality and summarise the audit scope. The proposed changes build on changes made by the FRC to board and auditor reporting last autumn.

The Consultation period ends on 30 April 2013. For more...