Often, training on legal issues has focused on health and social care providers. This unique session will focus on the issues for ICBs, covering the essentials to help the ICB make difficult decisions and meet responsibilities to patients within the law, and reduce the risk, cost and delay of legal challenge. ICBs are relatively new organisations, and still finding their place in the health and social care landscape, while under enormous pressure to deliver both great results and huge savings. Inevitably, this will need a good understanding of the legal framework in which they operate, and confidence in decision making and resource allocation that can stand up to legal scrutiny and challenge.
The law is complex and fast changing, and difficult decisions will have to be made. It is vital that this is done lawfully, to avoid unnecessary delay and expense from legal challenges. There may also be potential liabilities for ICBs relating to their roles in commissioning services for individual patients, through continuing healthcare, s117 or individual funding requests. This can include responsibility for best interests decision making for patients who lack capacity for the relevant decisions, which can bring the responsibility for applications to the Court of Protection, including dealing with issues of deprivation of liberty.
KEY LEARNING OBJECTIVES
Understanding and applying in practice:
The health and social care legal framework
Resource allocation / rationing
Public law decision making and judicial review
Procurement
Complex commissioning – Continuing Healthcare, s117 MHA, joint packages
Responsible commissioner and ordinary residence
Avoiding and resolving disputes
Court of Protection and Deprivation of liberty
Potential liabilities
