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Landmark Health and Social Care Insight
This is the latest update on the developments in health and social care law from Landmark Chambers. We hope you will find this useful; please feel free to forward it to your colleagues.

Editors: David Lock QC, Samantha Broadfoot QC, Leon Glenister and Hannah Gibbs.
Assistant Editor: Faryal Shafi

Click here to contact our public law practice managers.

Please be advised that the information contained within this newsletter does not constitute legal advice. For full details of our disclaimer please click here.
Court of Appeal decides that interest can be claimed on overdue sums under NHS contracts
David Lock QC
The Court of Appeal has confirmed in SSP Health Ltd v The National Health Service Litigation Authority (Primary Care Appeals Service) & Ors [2020] EWCA Civ 1574 that interest can be claimed on overdue sums under NHS contracts. The Court held that an adjudicator appointed under the NHS Disputes Procedure (usually NHS Resolution) had the power under ss.9 (11) and (12) of National Health Service Act 2006 to grant interest on overdue sums.
Speaking out: When can the court stop you from publicly criticising hospital staff?
Samantha Broadfoot QC
The High Court has ruled in Abbasi v Newcastle NHS Foundation [2021] EWHC 1699 (Fam) that Reporting Restriction Orders (RROs) issued during the life of terminally ill children will continue indefinitely after their death preventing parents from publicly naming and criticising the clinical and hospital staff involved. The court ruled that the right to private life of the clinical and hospital staff outweighed the parent’s right to publicise perceived clinical shortcomings and complaints about the dysfunctional hospital department, thereby curtailing their right to free speech.
NHS England issues a new “good practice” guidance on the transfer and remission of immigration removal centre detainees under the Mental Health Act 1983

Alex Goodman
Ten years on, NHS England has updated its guidance on the process and timeframes for transfer and remission of adults liable to be detained under the Mental Health Act 1983 to and from immigration removal centres (“IRCs”). The guidance still falls short on the standard of care expected for the mentally ill and those lacking capacity.

Assisted Dying Bill (HL Bill 13): a commentary
Hannah Gibbs
The latest Assisted Dying Bill (HL Bill 13) is currently undergoing a second reading in the House of Lords. This article presents a brief commentary on the provisions, and the extent to which the Bill addresses some important issues highlighted in recent caselaw that s.2 of the Suicide Act 1961 has generated.
What underlies the changes proposed for the NHS in the Health and Care Bill 2021?
David Lock QC

The challenge of making the English NHS work better is threefold: i) striking the right balance between local and national decision-making and ii) striking the right balance between competition among NHS bodies and co-operation between these bodies and iii) making sure enough money is spent in the community and does not get sucked up into the large hospitals. The Health and Care Bill 2021 seeks to centralise NHS decision-making by vesting more powers in NHS England and in ministers, and proposes a shift away from the market-based organisation of the NHS bodies to mandate co-operation between them as Integrated Care Systems, giving NHS public body providers a seat at the commissioning table.

“NHS Data Grab”: An examination of the new NHS data sharing proposals

Admas Habteslasie
Following the recent outcry, the government has pushed back the date for the collection of confidential health records for some 55 million NHS users in England until the beginning of September 2021. This article identifies potential legal issues arising from the proposals, looking in particular at the short window of introduction and implementation; the scale of the data collection and the database; the problems with data pseudonymisation and access by third parties.

Public Law at Landmark Chambers
Public law involves the rules that govern the way all aspects of government interact with citizens, companies, non-governmental organisations, public bodies and other governments. It covers everything from the grant of telecommunication licences to major corporates, all aspects of the law of the NHS through to the rules affecting the detention of asylum seekers. Each area has its own complex set of rules but there are overriding principles of public law which govern how public bodies are required to act. Our public lawyers have, between them, a huge depth of experience.
Recent Events
GP Premises: An introduction to the legal issues of property management for GP practices
Speakers: David Elvin QC, David Lock QC and Justin Bates
This webinar provides an introduction to the management of GP premises by GP practices and the process of claiming monies from the NHS for use of GP practices, and will look at some of the common problems that arise where a property with multiple occupiers is partly used for a GP practice.
‘Everyone’s Invited’: the legal implications
Speakers: Fiona Scolding QC, Samantha Broadfoot QC, Leon Glenister and Joe Thomas
This webinar will consider the legal framework for schools in responding to ‘Everyone’s Invited’. Speakers will cover: The extent of legal duties for schools, how to carry out a lawful investigation, and responsibilities for the mental health of students.
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