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Contents:

NHS and social care interest

1. Appraisal for non-consultant career grades (NCCGs) - amended
2. Data on social services performance 2001/02 and refreshed star ratings
3. Consent order - Mental Health Act 1983 - R on the application of SSG and Liverpool City Council and SofS for Health
4. The Community Care Bill
5. Children's trusts: policy and practice event - 9 December 2002
6. Direct payments - consultation on regulations
7. Developing services for carers and families of people with mental illness
8. The adverse drug reaction reporting scheme (the Yellow Card scheme)
9. Prison Health Newsletter (Autumn 2002)

NHS interest

10. Guidance on the use of overseas clinicial teams
11. The National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002
12. NHS Direct Online - Internet advertising campaign aimed at men
13. Action On update
14. How can the retained organs commission help me? Information for relatives and families
15. Conference for NHS Delegates - 16 January 2003 in London
16. Clinical governance reporting processes
17. Update on cessation of supply of catgut sutures
18. Ophthalmic Statistics for England: 1991-92 to 2001-02
19. Tobacco Advertising and Promotion Act 2002
20. Publication of the guide to the NHS consultants' distinction award scheme 2003 awards round
21. Conference summaries

NHS and social care interest

1. Appraisal for non-consultant career grades (NCCGs) - amended

Note that this item has been amended with the correct web link. It supersedes the item in the 18-24 October bulletin.

The Department of Health has reached agreement with the BMA on a national appraisal scheme for all NCCGs in the secondary and community sectors. The agreement and the required documentation, based on similar arrangements for consultants is now available.

The agreement applies to all secondary and community sector doctors except consultants and those in recognised posts in the nationally agreed training grades. These arrangements apply to doctors who are working in a secondary care setting and who will not be appraised under the GP principal scheme. For precise details of groups of doctors covered by this document, please refer to the guidance notes accompanying the appraisal forms. Doctors covered by these arrangements should receive their appraisal by 31 March 2003.

Employers should now consider how they will implement appraisal within the scope of the national agreement. Training for those conducting and participating is essential to support the extension of appraisal to these doctors.

Full text of letter:
www.appraisaluk.info

The document reference is AL(MD)05/02

For further information contact John Cowles on 0113 254 5910 or john.cowles@doh.gsi.gov.uk

Data on social services performance for 2001/02 will be published tomorrow (Friday 15 November) in Social Services Performance Assessment Framework Indicators 2001-2002. Copies of the publication and spreadsheets giving data for individual councils will be available at www.doh.gov.uk/paf/index.htm.

Enquiries to kevin.wrake@doh.gsi.gov.uk or 020 7972 5599.

Refreshed star ratings will be published at the same time and will be available at www.doh.gov.uk/pssratings/index.htm. They refresh the May 2002 ratings of overall social services performance for each council, taking into account the 2001/02 Performance Assessment Framework Indicators and admissible new inspection or joint review evidence. They will feed into the Comprehensive Performance Assessment for councils to be published in December. Enquiries to brian.grundy@doh.gsi.gov.uk or 0113 254 6486.

Further social services indicators will be included in the Key Indicators Graphical System to be released on Thursday 21 November (enquiries to jeff.palmer@doh.gsi.gov.uk or 020 7972 5602), together with 2001/02 data on PSS user surveys (enquiries to Hiren.Bhimjiyani@doh.gsi.gov.uk or 020 7972 5619), children looked after, children adopted from care and referrals, assessments and children on child protection registers (enquiries to annie.sorbie@doh.gsi.gov.uk or 020 7972 5573).

For further information contact Keith Childs on 020 7972 5736 or keith.childs@doh.gsi.gov.uk

Bodies appointing nearest relatives within the meaning of the Mental Health Act 1983 (MHA) should note that a consent order was entered on court files on 22 October 2002 regarding this issue. The version pronounced in court was incorrect in that it had not been agreed by all the parties. This has now been remedied by the court and a final version has been resealed and distributed on 7 November 2002. The full text of the consent order can be found on www.doh.gov.uk/mhact1983.htm

In summary, the claimant brought a judicial review against the decision that her same sex partner could not be her nearest relative for the purposes of the MHA. The order uses s3 of the Human Rights Act to read s26 MHA compatibly with the Human Rights Act and therefore accommodate same sex partners within the list set out at s26(1) and update s26(6).

The Community Care (Delayed Discharges etc.) Bill was announced in the Queen's speech and received its first reading in the House of Commons today. The main provisions of the bill are:

• to introduce a financial incentive for local authorities to provide community care services to individuals as soon as they are ready to be discharged from hospital
• to make free the provision of intermediate care and certain community equipment services.

More information on the bill can be found on the Department of Health website at www.doh.gov.uk/jointunit/delayeddischarge/communitycarebill.htm or Emma Preece can be contacted on 020 7972 4375.

5. Children's trusts: policy and practice event - 9 December 2002

Children's trusts pilots announced in the 2002 spending review white paper, will be based in local authorities and bring together at least social services, education and health services, in order to provide better services for children and families.

An event is being run for local authority and health partners to provide more information to those who are considering becoming a pilot and to identify the steps that need to be taken.

The event will be held on 9 December 2002, 10.00am - 3.30pm, at Avonmouth House, 6 Avonmouth Street, London SE1 6NX.

There are a limited number of places for delegates which will be allocated on a first come, first served basis. Because children's trusts will involve partnership working, each area must send representatives from both local government and health, with up to three places available for each area. Attendance will be limited to 25 LA areas and there are 75 places available.

Further information and a registration form are available on the Department of Health website at www.doh.gov.uk/childrenstrusts/stakeholders.htm.

If your area wishes to be involved in this event, please complete the form and return it by 2 December 2002 to childrenstrusts@doh.gsi.gov.uk.

Areas unable to attend will still be permitted to express an interest in response to a prospectus to be issued in December.

For further detail contact Bill Jobson on 020 7972 4742 or bill.jobson@doh.gsi.gov.uk

The Health and Social Care Act 2001 paves the way for a variety of changes to the way in which direct payment schemes operate. The aim of this policy is to give social care recipients the choice of receiving either the services or the value of the services as a direct payment.

The regulations that will enforce the legislation have now been issued for public consultation.

Comments have been invited directly from a range of organisations and other parties with an interest in this issue.

The material is available on the Department of Health's website at www.doh.gov.uk/directpayments/index.htm

The consultation closes on 6 December 2002. Please send your comments to sharon.seaton@doh.gsi.gov.uk or

Sharon Seaton
Direct Payments Policy Officer
Dept of Health
Room 211, Wellington House
133-155 Wellington Road
LONDON
SE1 8UG.

This document was launched by health minister Jacqui Smith at the MIND National Conference on 12 November. It forms part of the Mental Health Policy Implementation Guide

The aim of the document is to help local mental health services further develop support services for carers of people with mental health problems. It contains guidance on developing and sustaining mental health carer support services and builds on Standard Six of the Mental Health National Service Framework and guidance on implementation of the Carers and Disabled Children Act 2000.

Implementation of this guidance is the responsibility of commissioners and providers of health and social care mental health services as well as primary care trusts. The NHS Plan set a commitment that by 2004, 700 more staff will be recruited to increase the breaks available for carers and to strengthen carer support networks. It is hoped that this guidance will be used by services to ensure that this is achieved.

You will find the document at www.doh.gov.uk/mentalhealth/devservcarers.pdf For further details contact Kathy Billington on 020 7972 4514.

The Medicines Control Agency (MCA) has extended its suspected adverse drug reaction reporting scheme (the Yellow Card scheme) to all nurses, adding around 330,000 NHS health professionals to the scheme.

The scheme now accepts reports from doctors, dentists, coroners, pharmacists, nurses, midwives and health visitors. It plays an important role in identifying drug safety issues and preventing harm. The current extension is also being supported by the introduction of an electronic Yellow Card which can be used by all health professionals to enable quicker and easier submission of reports. The e-Yellow Card can be found on the MCA website at www.mca.gov.uk

To strengthen the scheme further the MCA is working with NHS Direct to enable patients to report through NHS Direct telephone lines and to use NHS Direct Online. The intention is to involve a health care professional to introduce a more accurate route of reporting that would not be possible with direct patient reporting.

The scheme is designed to increase patient power by ensuring that reports can be made in a user-friendly way with advice on hand should it be needed. The intention is that the scheme will be rolled out across England from February 2003.

For further information contact Jeremy Mean on 020 7273 0494 jeremy.mean@mca.gsi.gov.uk

Produced on a quarterly basis by the Prison Health Policy Unit & Task Force, this publication provides news, updates on the units' development work programme and details of innovative work being carried out by staff in the prison health care field.

An electronic copy of the newsletter is available on the Department of Health website at www.doh.gov.uk/prisonhealth/newsletter9.pdf. A hard copy of the document can be obtained by contacting NHS Response Line on 08701 555455

For further information contact Beverley Anderson on 020 7972 1302 or beverley.anderson@doh.gsi.gov.uk

10. Guidance on the use of overseas clinical teams

Guidance on the use of overseas clinical teams is now available on the DH website at www.doh.gov.uk/international/index.htm. This guidance has been developed in the light of early experience with the use of overseas clinical teams and with the assistance of a clinical reference group. Updated guidance on referring patients overseas for treatment, revised in the light of consultation, is also available on the website.

For further information contact Sarah Walter on 020 7210 5664 or sarah.walter@doh.gsi.gov.uk.

Subject to parliamentary consent the above regulations will come into force on 29 November clarifying that the NHS may purchase healthcare elsewhere in Europe. This follows rulings of the European Court of Justice last year.

These regulations also permit the NHS to purchase healthcare from anywhere in the world, creating a unified commissioning system. This means that NHS bodies no longer need to seek Departmental approval to refer patients outside the European Economic Area. However, the Department's advice on such extra-European referrals remains as set out in HSG(95)33 on Patient referrals outside the UK and European Economic Area (EEA), namely that such referrals should only be considered when the condition involved is of a serious nature; suitable treatment is not available within the UK or EEA; the treatment abroad is well-established, not merely experimental; and there is a probability of significant benefit to the patient.

For further information contact Sarah Walter on 020 7210 5664 or sarah.walter@doh.gsi.gov.uk

An internet advertising campaign to promote the NHS Direct Online website (www.nhsdirect.nhs.uk) to young men aged 18-34 began at the start of November and runs until 15 December 2002.

A combination of banner advertisements and superstitials (pop-ups) will appear on websites such as www.fhm.co.uk, www.gay.com and www.itv-football.co.uk.

The key messages of the campaign are that NHS Direct Online can save you time and embarrassment - you can access comprehensive health advice and information anonymously, 24 hours a day, seven days a week, from your home or work place at www.nhsdirect.nhs.uk

For further information contact Sarah Armitage on 0113 254 5659.

All the specialties involved in Phase II of the Action On programmes (dermatology, ENT and orthopaedics) are now moving from piloting new ideas to sharing their experiences. Over the next few months guidance covering all three specialties will be produced, starting next week with Action On ENT. Guidance on orthopaedics will be issued in early December, in conjunction with the Orthopaedic Services Collaborative. The Action On dermatology guide will be ready in January 2003.

Distribution of the Action On ENT guide will take place from Monday 18 November with copies being sent to all British Association of Otorhinolaryngologists - Head and Neck Surgeons (BAO-HNS) members. Copies will also go to audiology departments, speech and language therapy departments, ENT outpatient departments, ENT wards and PCT clinical directors. All those who attended the launch events and received advance copies of the guide will be sent an accompanying CD-ROM. The guide is also available at www.modern.nhs.uk/action-on and in hard copy format by calling 08701 555 455.

Directors of the Phase III Action On specialties (general surgery, plastic surgery and urology) have been appointed and details are available on the Action On web site at www.modern.nhs.uk/action-on. Further information about the Phase III specialties will be published there as it becomes available.

For further information contact Eric Ludlow on 0116 222 1422 or eric.ludlow@npat.nhs.uk

The Retained Organs Commission has published a booklet for relatives and families entitled How can the Retained Organs Commission help me?

The commission hopes that the booklet will be helpful in providing information on why it was set up and what it can do to help relatives and families should they need information about organ retention.

The commission has also published four information leaflets:

• How to start an enquiry regarding organ and tissue retention
• Return of organs and tissue direct to families
• Options for disposal of retained organs and tissue
• Tissue blocks and slides

Copies of the commission's leaflets, annual report and guidance can be found on the commission's website www.nhs.uk/retainedorgans/.

Alternatively, hard copies can be ordered by sending a fax to the commission on 020 7972 2017 or by emailing retained-organs-commission@doh.gsi.gov.uk

The Retained Organs Commission will be hosting a conference on organ retention for NHS delegates on Thursday 16 January 2003 in London. Further information and joining details will be available from the commission during December 2002.

For further information contact Janet Lewis on janet.lewis@doh.gsi.gov.uk

Following the publication of Shifting the Balance of Power, guidance has been developed to identify new clinical governance reporting frameworks and processes for strategic health authorities and NHS trusts. The guidance will give clarity to clinical governance roles and functions, which will be further developed as new organisations and responsibilities evolve.

To ensure that clinical governance and plans to improve the quality and safety of patient care are embedded within local delivery plans, clinical governance reporting processes have been aligned with the new planning framework.

This high level reporting framework and processes will need to be supported by appropriate local mechanisms.

The guidance is available at www.doh.gov.uk/clinicalgovernance/reportingprocess.htm

If you have any queries please contact Susan Went on 020 7972 5346 or susan.went@doh.gsi.gov.uk

Further information on clinical governance can also be found at www.cgsupport.org

The Department of Health's Medical Devices Agency (MDA), wrote to you on 5 March 2001 (MDA CEL 2001 (01)) advising you of the voluntary cessation of supply of catgut sutures by UK suppliers.

The MDA has become aware that a very small number of these sutures have recently been supplied in the UK and has taken regulatory action to prevent further supply. As previously indicated, the use of synthetic alternatives eliminates the risk associated with any bovine product while retaining equivalent or better performance.

For further information contact:

• Crina Cacou on 020 7972 8338 or crina.cacou@doh.gsi.gov.uk
• Jeremy Tinkler on 020 7972 8279 or jeremy.tinkler@doh.gsi.gov.uk

The statistical bulletin covering ophthalmic statistics for England 1991-92 to 2001-02, was published on 7 November 2002. The main findings are:

In England in 2001-02:

• Health authorities paid for 9.8 million NHS sight tests, an increase of 3 per cent on 2000-01. 41per cent of these sight tests were performed on patients aged 60 or over and 24 per cent on children.
• 3.6 million optical vouchers were reimbursed by HAs to pay for spectacles, new lenses or contact lenses, representing a 1 per cent increase from 2000-01. 72 per cent of this total were for the simplest single vision lens prescription, attracting a voucher of type A.
• £302.1 million was spent in total on general ophthalmic services; this represents an increase in real terms of 1 per cent on expenditure on 2000-01.
• 8,103 ophthalmic practitioners (ophthalmic opticians and ophthalmic medical practitioners) were under contract to perform NHS sight tests at December 2001, an increase of 4 per cent on December 2000. OMPs accounted for 9 per cent (698) of all ophthalmic practitioners.
• There were 6,477 ophthalmic establishments at 31 December 2001.

The complete Ophthalmic Statistics for England: 2001-02 bulletin can be found at:
http://www.doh.gov.uk/public/sb0223.htm

For further details contact genevieve.goulden@doh.gsi.gov.uk, 020 7972 5397 or barbara.kyei@doh.gsi.gov.uk 020 7972 5507

The Tobacco Advertising and Promotion Act 2002 received royal assent on 7 November 2002.
This legislation has been a Government manifesto commitment and is a key element of the wider tobacco control strategy which encompasses education and prevention, service provision and enforcement.

The act bans press, billboard and most internet advertising of tobacco products and the promotion of
smoking through free distribution of tobacco products, coupons and mailshots in the UK. Through
regulations it will place restrictions on point of sale advertising. It will also bring an end to the
promotion of tobacco products through the sponsorship of sporting and other events and will control
brandsharing. Draft regulations covering these three areas are being consulted on (http://www.doh.gov.uk/tobaccoregsconsult/index.htm). The consultation period ends on 15 November 2002.

A commencement order will set out when different elements of the act come into force, but the main
provisions are expected to come in early next year. It is estimated that banning tobacco advertising and
promotion will result in a 2.5 pre cent reduction in the number of deaths caused by smoking, eventually saving up to 3000 lives a year.

For further information contact Penny Allsop on 020 7972 1370 or penny.allsop@doh.gsi.gov.uk

On 4 November 2002 the guidance for the 2003 Distinction Awards round was published at www.doh.gov.uk/acda/index.htm

There are two obligations for chief executives of which they should be aware, these are:

• the obligation to identify candidates who should be considered for a distinction award. (para 5.3 of the guidance)
• the obligation to draw to ACDA's attention any consultant who no longer meets the requirements of the scheme at any stage of the cycle - they should not wait for the 5-year review. (see para 8.3 of the guidance).

The 2003 round is about to commence and we look forward to receiving your priority lists of nominations by 31 January 2003.

Please note an error in ACDA form2 (the employer's citation) in that there was no space for the consultant's name. A revised version of the form has now been placed on the website.

Please send nominations are to the ACDA Secretariat in area 531B, 5th floor, Skipton House, 80 London Road, London, SE1 6LH and not to the outgoing Regional offices.

Summaries of the speeches at the following events can be found at www.doh.gov.uk/conferences/index.htm

• Recruitment and Retention of Healthcare Scientists and Allied Health Professions www.doh.gov.uk/conferences/recruitmentoct02.htm
• Primary care trust regional management event - 21 October 2002 Midlands and East of England Directorate of Health and Social Care www.doh.gov.uk/conferences/pct-reg-man-0ct02.htm

The documents in this bulletin are Crown copyright but may be reproduced by NHS and Local Authority staff without formal permission or charge for personal or in-house use - ©2002

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copyright: © | Last updated: 14 November, 2002