House Of Commons Health Committee Post Legislative Scrutiny Of The Mental Health Act 2007 Hc 584

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House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584

Author : Great Britain: Parliament: House of Commons: Health Committee
Publisher : The Stationery Office
Page : 92 pages
File Size : 50,7 Mb
Release : 2013-08-14
Category : Medical
ISBN : 0215061489

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House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 by Great Britain: Parliament: House of Commons: Health Committee Pdf

According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service

Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735

Author : Great Britain: Department of Health
Publisher : The Stationery Office
Page : 20 pages
File Size : 55,6 Mb
Release : 2013-10-25
Category : Political Science
ISBN : 0101873522

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Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735 by Great Britain: Department of Health Pdf

Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)

House of Commons - Health Committee: After Francis: Making A Difference - HC 657

Author : Great Britain: Parliament: House of Commons: Health Committee
Publisher : The Stationery Office
Page : 188 pages
File Size : 47,8 Mb
Release : 2013-09-18
Category : Medical
ISBN : 0215062345

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House of Commons - Health Committee: After Francis: Making A Difference - HC 657 by Great Britain: Parliament: House of Commons: Health Committee Pdf

The NHS needs to be an organization in which an open dialogue about care quality is part of the natural culture of the organization, not a duty which only arises in cases of service failure. Robert Francis made 290 recommendations in his report, but in truth they boil down to just one - that the culture of 'doing the system's business' is pervasive in parts of the NHS and has to change. Many who raise their concerns in the NHS at present risk serious consequences for their employment and professional status. But disciplinary procedures, professional conduct hearings and employment tribunals are not the proper place for honestly-held concerns about patient safety and care quality to be aired constructively. The NHS standard contract imposes a duty of candour on all NHS providers. This is an essential principle, but it is not adequately understood or applied. It should mean that all providers create a culture which is routinely open both with their patients and their commissioners. The same principle should apply to commissioners so that they are routinely open and accountable to local communities. The Health Committee recommended this approach in 2011 and repeats that now. It should be a prime role of the CQC to encourage the development of this culture within care providers, and of NHS England to develop the same culture within commissioners. The Health Committee will in future work closely with the Professional Standards Authority to develop the accountability process for professional regulators in healthcare

Landmark Cases in Medical Law

Author : Jonathan Herring,Jesse Wall
Publisher : Bloomsbury Publishing
Page : 489 pages
File Size : 54,7 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781782255550

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Landmark Cases in Medical Law by Jonathan Herring,Jesse Wall Pdf

This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.

The Legitimacy of Medical Treatment

Author : Sara Fovargue,Alexandra Mullock
Publisher : Routledge
Page : 295 pages
File Size : 46,9 Mb
Release : 2015-08-11
Category : Law
ISBN : 9781317591719

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The Legitimacy of Medical Treatment by Sara Fovargue,Alexandra Mullock Pdf

Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

2013 Accountability Hearing with the General Medical Council - HC 897

Author : Great Britain: Parliament: House of Commons: Health Committee,Stephen Dorrell
Publisher : The Stationery Office
Page : 60 pages
File Size : 51,7 Mb
Release : 2014-04-02
Category : Medical
ISBN : 9780215070579

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2013 Accountability Hearing with the General Medical Council - HC 897 by Great Britain: Parliament: House of Commons: Health Committee,Stephen Dorrell Pdf

GMC's fitness to practise successfully produces outcomes that protect patients from sub-standard doctors but failures to communicate the reasons for decisions and poor investigative practices have undermined a small number on investigations. The GMC should review its fitness to practice procedures to prevent such mistake. The Committee also found that while it is still too early to judge whether revalidation has been effective there is a worrying approach to the oversight of revalidation. Each designated body has a responsible officer for revalidating their medical staff, but the degree to which the responsible officer will be held to account is unclear. It is imperative that the GMC clarifies the personal responsibility and accountability of responsible officers. There is also concern over the number of responsible officers available to oversee the revalidation of doctors working in primary care. GPs are revalidated not by their own employers but by one of the 27 NHS England local area teams that oversees Clinical Commissioning Groups in England. Just 27 responsible officers will be tasked with overseeing revalidation for approximately 45,0000 GPs in England. The Government's intention had been to give the GMC the power to allow it to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) in 2014 by using a mechanism in secondary legislation called a section 60 order. The Government now plans to introduce the reform in primary legislation as part of a proposed Law Commission Bill thus meeting with even further delay

Scrutiny of Mental Health Legislation

Author : Great Britain. Parliament. Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 32 pages
File Size : 52,6 Mb
Release : 2008
Category : Law
ISBN : 0104012560

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Scrutiny of Mental Health Legislation by Great Britain. Parliament. Joint Committee on Human Rights Pdf

In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.

House of Commons - Health Committee: 2013 Accountability Hearing with Monitor - HC 841

Author : Great Britain: Parliament: House of Commons: Health Committee,Stephen Dorrell
Publisher : The Stationery Office
Page : 64 pages
File Size : 50,5 Mb
Release : 2014-03-26
Category : Medical
ISBN : 021506979X

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House of Commons - Health Committee: 2013 Accountability Hearing with Monitor - HC 841 by Great Britain: Parliament: House of Commons: Health Committee,Stephen Dorrell Pdf

This year's inquiry into the work of Monitor concludes that the model of care provided by the health and care system is not changing quickly enough with the result that pressures continue to build, threatening the financial stability of individual providers, and therefore the quality of care provided The pressures are likely to be particularly marked in the acute sector as plans are prepared and implemented to achieve the resource transfer required by the introduction of the Better Care Fund from April 2015. Continuing this theme, the Committee argues that as the NHS financial situation tightens, the challenge for Monitor in supporting trusts in financial difficulty is likely to increase. The MPs emphasise the importance of addressing pressures within individual providers in the context of the local health economy. The requirement for major change in the care model can only be delivered if individual providers, and Monitor as their regulator, look beyond preserving existing structures and address the need to develop different structures to meet changing needs. The Committee also expresses concern that Monitor has not done enough to reform the system of tariff payments for providers, arguing that the current tariff arrangements often create perverse incentives for providers and inhibit necessary service change. It recommends that Monitor and NHS England should initiate a formal joint process for a prioritised review of the NHS tariff arrangements with the objective of identifying and eliminating perverse incentives and introducing new tariff structures which incentivise necessary service change

House of Commons - Health Committee: Appointment of the Chair of Monitor - HC 744

Author : Great Britain: Parliament: House of Commons: Health Committee
Publisher : The Stationery Office
Page : 16 pages
File Size : 45,7 Mb
Release : 2013-10-24
Category : Medical
ISBN : 0215063295

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House of Commons - Health Committee: Appointment of the Chair of Monitor - HC 744 by Great Britain: Parliament: House of Commons: Health Committee Pdf

In April 2010 Dr David Bennett was appointed as interim Chief Executive of Monitor and then as Chair in March 2011. He was appointed permanent Chief Executive of Monitor with effect from 1 November 2012, while remaining as Chair pending a new appointment. On 10 October 2013, the Secretary of State proposed to appoint Dominic Dodd as Chair of Monitor. Dr Bennett has filled the roles of both Chair and Chief Executive - effectively Executive Chair - and has led Monitor through the whole process of change brought about by the Health and Social Care Act 2012. He has both shaped and interpreted the role that Monitor now plays in the system which makes the transition to another individual taking on the Chair an especially difficult one. On this basis the Committee did not endorse Mr Dodd's appointment

House of Commons - Health Committee: 2013 Accountability Hearing with the Nursing and Midwifery Council - HC 699

Author : Great Britain: Parliament: House of Commons: Health Committee
Publisher : The Stationery Office
Page : 48 pages
File Size : 42,7 Mb
Release : 2013-12-18
Category : Medical
ISBN : 0215065840

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House of Commons - Health Committee: 2013 Accountability Hearing with the Nursing and Midwifery Council - HC 699 by Great Britain: Parliament: House of Commons: Health Committee Pdf

In this report the Health Committee welcomes improvements in the performance of the Nursing and Midwifery Council (NMC) over the last year, but expresses continuing concern that the progress made so far remains fragile. The Committee emphasises that it is important to ensure that the new challenges facing the NMC do not become a distraction from the continuing requirement to improve its performance of its core functions. The report is the first example of a Health Committee review of a professional regulator which builds on the work of the Professional Standards Authority (PSA). The length of time the NMC takes to conclude its fitness to practise cases has been an enduring concern for the Committee. From 2015, the NMC proposes to toughen the target period for resolving fitness to practise cases to 15 months (eventually to 12 months). The NMC has announced plans to introduce a system of revalidation by the end of 2015 which is welcomed. The Francis Report into the failings at Mid Staffs examined the role of regulators, including the NMC, in detail. The report stresses the importance of ensuring firstly that registrants understand their professional obligation to raise concerns when they see evidence of poor patient care, and secondly that patients and public are made more aware of the role of the NMC as the regulator of professional and clinical standards. The NMC should take urgent steps to raise the profile of the NMC both among its registrants and among patients and public.

HC 350 - Complaints and Raising Concerns

Author : Great Britain. Parliament. House of Commons. Health Committee
Publisher : The Stationery Office
Page : 52 pages
File Size : 41,8 Mb
Release : 2015
Category : Medical
ISBN : 9780215081087

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HC 350 - Complaints and Raising Concerns by Great Britain. Parliament. House of Commons. Health Committee Pdf

Most of those who complain about NHS services do not seek financial redress. They do so because they wish to have their concerns and experiences understood and for any failings to be acknowledged and put right so that others do not suffer the same avoidable harm. Where such errors occur, patients and their families deserve to be met with a system which is open to complaints, supports them through the process and which delivers a timely apology, explanation and a determination to learn from mistakes. The current system for complaints handling however, remains variable. Too many complaints are mishandled with people encountering poor communication or at worst, a defensive and complicated system which results in a complete breakdown in trust and a failure to improve patient safety. The Committee welcomes the progress made since their last report, but in this, the Committee's final report on complaints and concerns in this Parliament, an overview is set out of the developments and recommendations to date as well as those expected in 2015. The Committee also makes a number of recommendations where further action is required.

Legislative Scrutiny

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : Unknown
Page : 86 pages
File Size : 41,7 Mb
Release : 2007-02-04
Category : Electronic
ISBN : 0104010134

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Legislative Scrutiny by Great Britain: Parliament: Joint Committee on Human Rights Pdf

The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.

HC 845 - Impact Of Physical Activity And Diet On Health

Author : Great Britain. Parliament. House of Commons. Health Committee
Publisher : The Stationery Office
Page : 69 pages
File Size : 51,8 Mb
Release : 2015-03-25
Category : Diet therapy
ISBN : 9780215084712

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HC 845 - Impact Of Physical Activity And Diet On Health by Great Britain. Parliament. House of Commons. Health Committee Pdf

Diet, obesity, and physical activity all have important impacts on health. For too long however, physical activity has been seen merely in the light of its benefits in tackling obesity. A core message from this inquiry is the compelling evidence that physical activity in its own right has huge health benefits totally independent of a person's weight. The importance of this - regardless of weight, age, gender or other factors - needs to be clearly communicated. Interventions focused on encouraging individuals to change their behaviour with regard to diet and physical activity need to be underpinned by broader, population-level measures. Whilst both are important, population-level interventions have the advantage of impacting on far greater numbers than could ever benefit from individual interventions. The Committee recommends that the next Government prioritises prevention, health promotion and early intervention to tackle the health inequalities and avoidable harm resulting from poor diet and physical inactivity. The Committee regards it as inexplicable and unacceptable that the NHS is now spending more on bariatric surgery for obesity than on a national roll-out of intensive lifestyle intervention programmes that were first shown to cut obesity and prevent diabetes over a decade ago. All tiers of weight management services should be universally available and individual clinicians should use every opportunity to help their patients to recognise and address the problems caused by obesity and poor diet, and to promote the benefits of physical activity.

Legal Aspects of Mental Capacity

Author : Bridgit C. Dimond
Publisher : John Wiley & Sons
Page : 376 pages
File Size : 41,7 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781119045359

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Legal Aspects of Mental Capacity by Bridgit C. Dimond Pdf

Highly Commended in Health and social care in the 2017 BMA Medical Book Awards The Mental Capacity Act (2005) regulates decision making processes on behalf of adults who are unable to give informed consent, due to a loss in mental capacity (be that from birth, or due to an illness or injury at some point in their lives). Since the Act’s original conception the new Court of Protection is now firmly established, and there have been significant Supreme Court cases, as well as further guidance on the 2005 Act and major developments in the use and assessment for Deprivation of Liberty Safeguards. Thoroughly updated to take account of the many updates, developments and changes in legislation and guidance, the new edition of Dimond’s authoritative guide will be warmly welcome by practitioners and students who need to understand and work within the Mental Capacity Act, and how it applies to their professional responsibilities. A highly practical guide to the Mental Capacity Act and its provisions since its conception in 2005 Relevant for a wide range of practitioners and students within health and social care Highly readable and easily accessible, even for those with no legal background Includes a range of learning features, including scenarios, questions and answers, key summary points, and applications for practice. Legal Aspects of Mental Capacity is an essential resource for all healthcare and social services professionals, students patient services managers and carers working with those who lack the capacity to make their own decisions.

HC 401 - Managing the Care of People with Long-Term Conditions

Author : Great Britain: Parliament: House of Commons: Health Committee
Publisher : The Stationery Office
Page : 228 pages
File Size : 43,7 Mb
Release : 2014-07-03
Category : Medical
ISBN : 9780215073273

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HC 401 - Managing the Care of People with Long-Term Conditions by Great Britain: Parliament: House of Commons: Health Committee Pdf

15 million NHS patients in England with long-term conditions such as diabetes, arthritis and asthma account for 70% of the annual expenditure of the NHS in England. One projection estimating that the bill for treatment of long-term conditions will require the NHS to find £4 billion more each year by 2016. Increasingly, patients do not have a single long-term condition but live with two or more conditions, complicating treatment and adding to its cost. The Committee strongly supports the development of individual care planning for people with long-term conditions, based on the principles successfully demonstrated in the NHS House of Care programme. Care planning approaches will involve GPs, community health services and specialists sitting down with the patient to draw up a personalised plan for the care required, which includes the support needed to help the patient manage his or her own condition. The challenge, though, of introducing personalised care planning for 15 million people is substantial. The Committee looked at the prevailing view that services to treat long-term conditions should be moved out of hospitals and into primary and community care. To provide effective care for these conditions, services have to be maintained across all settings, from support in the home through to acute specialist care, and many conditions will continue to require specialist services delivered in hospital. Effective management of long-term conditions also requires collaboration with other government providers, such as housing and transport services.