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Landmark Health and Social Care Insight
This is the first edition of a monthly update on developments in Health and Social Care law from Landmark Chambers.

Our team of specialist public lawyers will be publishing a monthly update for lawyers, stakeholders and interested parties who are concerned about NHS and social care law, highlighting the most significant cases, statutory developments and government plans for changes in the sector. Landmark will draw on the deep expertise of all members of the team, many of whom are involved in ground-breaking litigation in this area on behalf of both claimants and public bodies.

We hope you find this useful and please circulate to your colleagues. Please let us know if there are topics that you want to draw to our attention.

We are assisted in everything by a wonderful graduate student, Ms Faryal Shafi.

Editors: David Lock QC, Samantha Broadfoot QC, Leon Glenister and Hannah Gibbs.

To contact one of our public law practice managers, click here.
High Court rules that parental consent is valid to enable trans-children to access Puberty Blockers
David Lock QC
The High Court has ruled in AB v CD & Ors [2021] EWHC 741 (Fam) that parents have the legal right to offer consent to puberty blockers on behalf of a Gillick competent trans-child when this treatment is recommended by a doctor. The Court has also confirmed that parental rights and that of a child to consent to treatment can co-exist.
Informal evidence can be considered for clinical decision-making on access to critical medicines
Tim Buley QC
The Court of Appeal has ruled in R (Basma) v Manchester University Hospitals and NHS Foundation Trust & Anor [2021] EWCA Civ 278 that clinicians acted unlawfully in making a decision on access to life-changing treatment prescribed by NICE without having regard to informal, non-clinical evidence as to the progress of the patient’s condition. In so holding it gave important wider guidance about the approach to public law challenges in such cases.
The revolving door of multiple detentions and aftercare services: Which local authority pays for aftercare after repeated detentions?

Leon Glenister
The High Court has ruled in Worcestershire CC v Secretary of State for Health and Social Care & Swindon BC [2021] EWHC 682 (Admin) that in cases involving multiple detentions and subsequent discharges, the aftercare services should be funded by the local authority/CCG where the patient lived immediately before each detention as opposed to being funded by the same local authority/CCG across multiple detentions.
APPG report brings us another step closer to urgently needed reform on the law and practice of Surrogacy
Samantha Broadfoot QC
On 26 April 2021 the APPG finally launched its long awaited “Report on the understandings of the law and practice of surrogacy” which adds considerable impetus to the Law Commission’s proposals on surrogacy reform in 2019. The proposals call for a reform of the existing laws, which are considered not fit for purpose in a modern society as they do not operate in the best interests of the children, surrogates or the intended parents.
The Health and Social Care Reform White Paper 2021 Explained: “Accountability” and the Secretary of State’s Powers
Hannah Gibbs
This is a first in a series of articles covering aspects of the White Paper on NHS Reform. This article addresses the so-called “accountability and public confidence” reforms. The proposals include granting the Secretary of State for Health and Social Care new and enhanced powers to direct the NHS outside of the current annual Mandate; powers to amend or abolish Arms Length Bodies (ALBs); the power to require data from all registered adult social care providers, and strengthen his powers to intervene in service configurations.
Infected Blood Scandal – Compensation Framework
Announcement
In March 2021, the government announced that it is committed to considering a framework to compensate victims of the Infected Blood Tragedy. These developments are the latest and the most significant step towards making reparations to the recipients of blood products contaminated with Hepatitis C and HIV viruses from NHS treatment.
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