Chief Executive Bulletin
| 19
- 25 September 2003, Issue 187 |
Contents:
NHS and social care interest
1. Judgement on R (Munjaz) v. Mersey Care National Health
Service Trust
2. The Annual Workforce Censuses at 30 September 2003
3. Consultation on local authority 'Direction on Choice'
4. Photodynamic therapy - NICE guidance
5. Guidance on PCTs taking equity shareholdings in LIFTcos
6. Medical device alert - MDA/2003/031
NHS interest
7. Clearing house arrangements for Community Health Council
(CHC) staff
8. National Patient Safety Agency (NPSA) prioritisation consultation
9. Consultant Contract - revised timetable agreed
10. Genito-Urinary Medicine (GUM) Development Pilots
Social care interest
No items this week
Further items of interest
11. Mainstreaming Gender and Women's Mental Health - Implementation
Guidance
12. NHS Logistics Authority - Annual Report and Accounts
2002/03
13. Transformation, Motivation and Culture Change
14. Chronic disease management - applying US models
15. Requirement for Auditor Certification of Health Authority
Drug Prevention Funding 2002/3
16. Capital Hip Programme deadline
NHS and social care interest
1. Judgement on R (Munjaz) v. Mersey Care
National Health Service Trust (Gateway reference 1997)
In its recent judgement on R (Munjaz) v. Mersey Care National Health Service
Trust, the Court of Appeal has confirmed that the Mental Health Act
1983 Code of Practice should be observed by all to whom it is addressed
unless they have good reason for departing from it in relation to an individual
patient. The Court has also made clear that good reasons for particular
departures may be identified in relation to an individual or to groups
of patients who share particular well-defined characteristics, so that
if a patient falls within that category there will be good reason for
departing from the Code in his or her case. The Department considers it
best practice for the reasons for any departure from the Code to be recorded.
Further, it should be noted that the Mental Health Act Commission's policy
is to treat unsubstantiated departures from the Code to be prima facie
evidence of poor practice.
Top
2. The Annual Workforce Censuses at 30 September 2003
(Gateway reference 2029)
These three censuses collect statistics on the medical and dental, the
non-medical and the GP workforces. Initial returns from some organisations
have been so poor in previous years that it is not possible to form a
reliable view on the workforce position. To avoid organisations being
asked to re-submit data this year it is vital that Chief Executives ensure
returns are both accurate and prompt in order to support the March 2004
Consultant and GP targets in the PPF. Please bring this to the attention
of the relevant staff in your organisations.
Contact catherine.faley@doh.gsi.gov.uk
Top
3. Consultation on local authority 'Direction on Choice'
(Gateway reference 2022)
Draft updated guidance on the National Assistance Act 1948 (Choice
of Accommodation) Directions 1992 is now available and is being consulted
on. This updates the guidance in LAC(2001)29 which took account of the
National Assistance Act 1948 (Choice of Accommodation) (Amendment) (England)
directions 2001 and the National Assistance (Additional Payments and Assessment
of Resources) (Amendment) (England) Regulations 2001.
More at www.doh.gov.uk/directiononchoice/
Contact adebayo.adekaiyaoja@doh.gsi.gov.uk
Top
4. Photodynamic therapy - NICE guidance (Gateway
reference 2002)
NICE issued guidance on Photodynamic therapy for age-related macular
degeneration (appraisal No 68) on 24 September. The guidance is at
www.nice.org.uk/cat.asp?c=86772
and the management guidance on the implementation process is at www.doh.gov.uk/ophthalmicservices/photodynamictherapy.htm
Contact claire.housego@doh.gsi.gov.uk
Top
5. Guidance on PCTs taking equity shareholdings in
LIFTcos (Gateway number is 2012)
Further to the Health and Social Care Act 2001, PCTs involved in Local
Improvement Finance Trust (LIFT) projects can now have equity shareholdings
in LIFTcos. Guidance can be found at www.doh.gov.uk/nhslift/guidance.htm
Top
6. Medical device alert - MDA/2003/031 (Gateway
reference 2014.)
Ulti-Mate and Essential Wheelchair seat cushions manufactured by Invacare.
This medical device alert was issued on 18 September 2003 to NHS trusts
and social
services for immediate action. Further information at www.mhra.gov.uk
Top
NHS interest
7. Clearing house arrangements for Community Health
Council (CHC) staff (Gateway clearance 1994)
CHCs will be abolished on 1 December 2003. SHAs currently employing CHC
staff have set up clearing houses for them. Please ensure that all vacancies
continue to be circulated to the appropriate clearing houses until 31
December 2003. Trusts within the SHA area also need to be aware of this.
The revised HR framework for CHC staff and a list of SHAs employing them
is at www.doh.gov.uk/involvingpatients/hrframework.htm
Top
8. National Patient Safety Agency (NPSA) prioritisation
consultation (Gateway reference 1735)
The NPSA is consulting its stakeholders on the process it should follow
when prioritising areas of NHS care to develop safety solutions.
The NPSA will be seeking guidance from those with an interest in patient
safety including patients, carers, voluntary organizations, health care
professionals, professional bodies, policy makers, trust boards, strategic
health authorities, local government health scrutiny committees and social
care providers.
The consultation is at
www.npsa.nhs.uk/admin/publications/docs/prioritisation_consultation.pdf
Further information at www.npsa.nhs.uk
or e-mail consultation@npsa.nhs.uk
Top
9. Consultant Contract - revised timetable agreed
(Gateway reference 2005)
The BMA and the Department of Health have agreed to allow a short extension
to the timetable for the consultation and BMA ballot. The date by which
consultants shall be asked whether they wish to give a commitment to the
new contract is 31 October. This change is reflected in Andrew Foster's
letter to NHS chief executives, HR directors and medical directors which
can be found at www.doh.gov.uk/consultantframework/
Top
10. Genito-Urinary Medicine (GUM) Development Pilots
(Gateway reference 1899)
Funding is available for 10 pilots to develop GUM services in areas where
there is currently limited or no provision. £1.8 million is available
from the Sexual Health and HIV Strategy budget in this and each of the
next two financial years to fund these pilots. SHAs are asked to help
identify those areas in the country with the greatest need.
Further information is available at www.doh.gov.uk/sexualhealthandhiv/sexuallytransmittedinfections.htm
Top
Further items of interest
11. Mainstreaming Gender and Women's Mental Health
- Implementation Guidance (Gateway reference 1421)
Launched on 22 September and available at www.doh.gov.uk/mentalhealth/women.htm
Top
12. NHS Logistics Authority - Annual Report and Accounts
2002/03 (Gateway reference 2004)
A summary of NHS Logistics' achievements, performance, vision and annual
accounts is at www.logistics.nhs.uk
or call Carole Appleby on 01773 724261.
Top
13. Transformation, Motivation and Culture Change
(Gateway reference 2006)
Places are still available for the 4th Chief Executives Leadership Lesson
on Tuesday 4 November in central London. Email Kate Oldershaw on ko@wig.co.uk
or call 020 7222 1166
Top
14. Chronic disease management - applying US models
(Gateway reference 2008)
Learning from Kaiser - first chance to hear nine PCTs' experience of applying
US models to chronic disease management, with impacts on acute and social
care, 4 November, London. More details and online booking at www.natpact.nhs.uk/events/d_view.php
Top
15. Requirement for Auditor Certification of Health
Authority Drug Prevention Funding 2002/3 (Gateway reference 2020)
Clarification has been issued further to our letter dated 7 August which
detailed the requirement for auditor certification of the 2002/03 drug
prevention funding. Further information at www.doh.gov.uk/drugs/polguide.htm
Top
16. Capital Hip Programme deadline (Gateway reference
1371)
Further to the announcement of the closure of the Capital Hip Programme
and to ensure payment of outstanding invoices, they must be submitted
by Trusts to the Capital Hip Centre by 1 November 2003.
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 - ©2003
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