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Synopsis
Although the National Health Service is perhaps the most important public service provided by the British state, its complex structures can make it the most difficult public service to understand. There is no single public body called the `National Health Service' and no single legal regime that governs how NHS bodies should operate. Instead, the NHS is made up of a complex network of public bodies which operate as commissioners of NHS services who contract with NHS trusts, NHS foundation trusts, private businesses and charities that all provide medical, dental and other services to NHS patients. The NHS `managed
market' is overseen by both economic and care quality regulators. The rules under which commissioners, providers and regulators operate are both inaccessible and of such complexity that they can be impenetrable for even the most specialist lawyers.
NHS Law and Practice is the first book to describe the large and complex legal structures of the modern NHS. It explains the legal relationships between NHS commissioners and primary care, community and acute providers of NHS services, as well as explaining the structure of NHS regulation. This book provides a detailed guide to enforcing patients' legal rights around NHS Continuing Healthcare, patient choice and the rules around NHS personal budgets.
Edited and written by a team of specialist lawyers whose involvement with NHS law and many of the leading cases over decades has given them unrivalled expertise in NHS and healthcare law. This book will be an essential text for anyone who needs to understand how the legal structures of the NHS currently operate and how they should operate. New & Used
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What Reviewers Are Saying
NAVIGATING THROUGH THE NHS MAZE:
A GROUNDBREAKING NEW PRACTITIONER GUIDE FROM THE LEGAL ACTION GROUP
An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers
and Reviews Editor, “The Barrister”
The Legal Action Group (LAG) once again has brought out an accessible and readable legal text which, not before time, uncomplicates (as much as is possible) a notoriously complicated area of law, namely that which pertains to the NHS. Under specific scrutiny are the legal structures and frameworks within which the NHS operates.
Oft criticised, but much loved – and arguably the largest employer in Europe -- the NHS spends over £120 billion per year of public money. Strange then, as co-authors David Lock QC and Hannah Gibbs point out, that ‘there is no existing text which explains how the legal rules of the NHS operate.’ Their sheer complexity is daunting in the extreme.
Leading a team of expert practitioners from Landmark Chambers, the authors refer to ‘one of the most complicated legal frameworks we have ever come across’ and express the hope that this book will ‘act as a guide through the NHS maze’. Appropriately enough, the publication of this pioneering legal text coincides with the seventieth anniversary of the NHS and a highly significant contribution to legal literature it is.
The point is made that the NHS is not a single entity. As this text reminds us, it operates through networks of different organizations, some public, some commercial profit-generating entities delivering NHS services under contract. These collectively, employ some 1.7 million people. Against all this, the total budget for the NHS is an ongoing and incessant subject of political debate.
The stated aim of this volume of over 1,000 pages is ‘to attempt to explain the legal structures of the NHS and how decisions are made in areas other than the treatment choices open to clinician and patient.’ The irony here is that when matters relating to treatment go right, the legal structures which support the delivery of the necessary clinical services rarely loom as important. It is usually when something goes wrong that the structures upon which decisions are based come under the intense scrutiny from which legal entanglements all too often ensue.
As the subject is vast and the issues too broad to be discussed in detail here, it is sufficient to say that the book deals with such matters as, for example, clinical commissioning groups, public health, patient choice, GP practice management, dental services, complaints procedures and of course, much more. Particularly topical is the chapter on who can access NHS care charges for overseas visitors.
With its lucid, plain English approach, the book is accessible to any, and all, practitioners, whether lawyer or judge, experienced or not. Plus – it offers a multitude of research references, from cases, statutes and statutory instruments, to European and international legislation. The footnoting is extensive and there is also a table of guidance.
With the NHS under constant scrutiny, especially in this anniversary year, the publication of this book is timely -- and as practitioners will almost inevitably come up against NHS-related matters during their careers, every practitioner should have a copy.
The publication date is cited as at 10th May 2018. The purpose of Legal Action Group is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. To this end, it seeks to improve law and practice, the administration of justice and legal services.
A GROUNDBREAKI
An appreciation
and Reviews Editor, “The Barrister”
The Legal Action Group (LAG) once again has brought out an accessible and readable legal text which, not before time, uncomplicate
Oft criticised, but much loved – and arguably the largest employer in Europe -- the NHS spends over £120 billion per year of public money. Strange then, as co-authors David Lock QC and Hannah Gibbs point out, that ‘there is no existing text which explains how the legal rules of the NHS operate.’ Their sheer complexity is daunting in the extreme.
Leading a team of expert practitioner
The point is made that the NHS is not a single entity. As this text reminds us, it operates through networks of different organization
The stated aim of this volume of over 1,000 pages is ‘to attempt to explain the legal structures of the NHS and how decisions are made in areas other than the treatment choices open to clinician and patient.’ The irony here is that when matters relating to treatment go right, the legal structures which support the delivery of the necessary clinical services rarely loom as important. It is usually when something goes wrong that the structures upon which decisions are based come under the intense scrutiny from which legal entanglement
As the subject is vast and the issues too broad to be discussed in detail here, it is sufficient to say that the book deals with such matters as, for example, clinical commissionin
With its lucid, plain English approach, the book is accessible to any, and all, practitioner
With the NHS under constant scrutiny, especially in this anniversary year, the publication of this book is timely -- and as practitioner
The publication date is cited as at 10th May 2018. The purpose of Legal Action Group is to promote equal access to justice for all members of society who are socially, economically
NHS Law and Practice ... is truly a ground-breaking book ... there has until now been nothing remotely comparable to this book or focusing on the very important topics with which NHS Law and Practice is concerned ... No-one, within or outside the NHS, who needs to understand the legal structures and frameworks within which the NHS operates can afford to be without NHS Law and Practice. -- Sir James Munby, President of the Family Division, from his foreword.