GP duty of care
1 Preamble
2 Comment on legislation
3 NHS Act 2006
4 More from Community Care & the Law
5 Aspects of "vulnerable adults"
6 Are providers stepping up to the mark?
1 Preamble
This was proving difficult to establish.
1.1 general practitioner duty of care for informal unpaid carers in Google
1.2 general practitioner legal requirements re informal unpaid carers in Google
1.3 general practitioner mandatory provision re informal unpaid carers in Google
1.4 Care & Support Bill GP duty in Google
2 Comment on legislation
However, Prof Luke Clements came to the rescue:
The following is a resume of the material at para 13.45 – 13.46 of Community Care & the Law by Luke Clements and Pauline Thompson (legal Action Group 2011).
((Section numbers added to aid referencing. Other additions are with double brackets.))
2.1
GPs are independent professionals who undertake to provide general medical services in accordance a general medical services contract, the terms of which are prescribed by regulations – currently the National Health Service (General Medical Services Contracts) Regulations 2004 as amended. ((here but unclear if amended))
2.2
Longstanding concern exists as to the general performance of GPs in fulfilling their community care obligations: primarily the responsibility of ensuring that people in need of community care services are provided with the necessary assistance to obtain them. Regulation 15(5)(b) of the 2004 Regulations requires that GPs refer (as appropriate) patients ‘for other services under [what is now the NHS Acts of 2006.
2.3
These Acts (NHS Act 2006 s254 and Sch 20 (NHS (Wales ) Act 2006 s192 and Sch 15) place substantial duties on social services authorities. It follows that GPs are contractually obliged to make appropriate referrals to social services where it appears that a patient may be entitled to community care services (for example if they are likely to become ill through their caring role – ie stress / anxiety / depression etc etc).
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2.4
Books on this website by Prof Clements are at 2, 3 & 4 here. They do not set out to deal with this page title.
Prof Clements helped Herefordshire carers on their Carer Rights Day here.
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3 NHS Act 2006
3.1
The Wikipage on the topic informs us that " It sets out the structure of the National Health Service in England. It was significantly altered by the Health and Social Care Act 2012." here Section 254 is here.
3.2
Clearly, we could go on with the other Acts included above. However, its key statement is "Longstanding concern exists as to the general performance of GPs in fulfilling their community care obligations." Nothing yet seen pins GPs down. The GP provision for carers varies from those who win prizes (below 5c here), to others who ask patients to register with local formal provision elsewhere in the county or principal area.
4 More from Community Care & the Law
More on 13.45 – 13.46 of Community Care & the Law by Luke Clements and Pauline Thompson
4.1
13.45 - These processes (( within Adult Protection)) ... are no substitute for a statutory regime that enables social services ... to gain access to and effectively protect vulnerable adults.
4.2
13.46 - The POVA list
The Care Standards Act 2000 provided for the establishment of a set of controls to prevent unsuitable persons from working with vulnerable adults in England and Wales. The controls revolve around the establishment of a list of persons who have been found to be unsuitable to work with vulnerable adults (the protection of vulnerable adults ('POVA') list). The Department of Health plans to partially implement these controls on 7 June 2004. In the first instance, the controls will only apply to persons working for, or providing, care homes and domiciliary care agencies (agencies supplying personal care to people in their own homes), including those provided by local authorities.
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5 Aspects of "vulnerable adults"
5.1
On the matter of "a set of controls to prevent unsuitable persons from working with vulnerable adults in England and Wales", we need to establish if carers and/or carees are in scope. I don't think so unless carees are within the category - vulnerable adults. The quotation refers to formal provision by paid carers and other situations beyond one's front door.
5.2
If the law relating to GP duty of care for carers in our use of the word is so vague, it's no wonder some GPs send carers knocking on doors elsewhere. Such professionals are merely following "GPs are contractually obliged to make appropriate referrals to social services .." No prizes awarded to them!
6 Are providers stepping up to the mark?
6.1
On 22 May in Ross-on-Wye there is to be a carer support group meeting in the context of the title question. See GPs nationally here.
6.2
I will distribute an A5 leaflet which introduces this website. The rest of the text is as follows. The ref system changes:
6.3
As far as carer are concerned, are GPs stepping up to the mark?
1
Given that some are not, it is appropriate to ask what GP duty of care exists legally. Internet searches have proved to be fruitless. However, Prof Luke Clements came to the rescue. Carers who attended Herefordshire Carers Support Carers Rights Day in November last year will remember his talk on legal aspects of the Care & Support Bill.
2
Prof Clements points out that longstanding concern exists as to the general performance of GPs in fulfilling their community care obligations. They have the prime responsibility of ensuring that people in need of community care services are provided with the necessary assistance to obtain them. We know that some GPs win prizes as seen in November. Others, sad to say, merely act as telephone switchboard operators connecting carers to the services.
3
The appropriate Acts place substantial duties on social services authorities. It follows that GPs are contractually obliged to make appropriate referrals to social services where it appears that a patient may be entitled to community care services (for example if they are likely to become ill through their caring role – ie stress / anxiety / depression etc).
4
One interpretation of all that might concern carers telling their GPs that they are stressed but not putting the comment in the carer context. Thus, they don't need to be redirected to local formal carer provision elsewhere in the county or principal area.
5
There seems to be more chapter and verse in the context of paid carers. The Care Standards Act 2000 provided for the establishment of a set of controls to prevent unsuitable persons from working with vulnerable adults in England and Wales. The controls revolve around the establishment of a list of persons who have been found to be unsuitable to work with vulnerable adults (the protection of vulnerable adults ('POVA') list). . . The controls . . only apply to persons working for, or providing, care homes and domiciliary care agencies (agencies supplying personal care to people in their own homes), including those provided by local authorities.
6
Should we not start thinking about Carers Rights Day 2014 and start asking questions about proper legislation regarding GP duty of care to carers?
7 Ross Carer Support Group
The text within 6.3 was put to RCSG on 22 May (GPs nationally here).
The meeting was informed that Carers Rights Day will address the matter within 6.3.6 and further info will ensue.
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