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Welcome to Sharpe Edge, Sharpe Pritchard’s local government legal hub on Local Government Lawyer.

Sharpe Edge features news, views and analysis from our team of specialist local government lawyers working at the heart of the latest legal developments. Sharpe Edge platform is also the only place where local government lawyers can get e-access to two law books by our Head of Local Government Rob Hann: The Guide to Local Authority Charging and Trading Powers (‘LACAT’) and The Guide to Local Authority Companies and Partnerships (‘LACAP’).

 

                                                                                                  

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Mandatory Vaccination for Care Home Workers in England – Update

Icons HazardRachel Murray-Smith and Francesca Gallagher look at the detail of the government's guidance on compulsory vaccination for care staff.

Further to our article of 9th July 2021, Parliament has now approved the amendment to Regulation 12 (Safe Care and Treatment) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (the “Regulations”).

The House of Commons approved the Regulations by 319 votes to 246. This means that from November 2021, anyone working in a Care Quality Commission (CQC) – registered care home in England must have two vaccine doses unless they have a medical exemption.

The UK Government has granted a 16-week grace period, starting on 22nd July 2021, for care home workers to receive two doses of a Covid vaccine if they wish to continue working at a care home.

The 16th September 2021 is the last date by which care home workers must get their first dose so as to ensure that they are fully vaccinated by the time Regulations come into force. The Regulations will come into full force on 11th November 2021. It is important to note that the Regulations also require that proof of vaccination be provided.

In regard to maintenance and construction work, if the work is only being done outside the care home and individuals carrying out maintenance do not need to enter the care home, then these individuals do not need to show proof of vaccination or medical exemption.

If work is required inside the care home, then individuals carrying out maintenance will need to show proof of vaccination or medical exemption.

However, if urgent maintenance work is required in the event of a risk to life or continuity of care, workers are exempt from these requirements. This could include (but is not limited to):

  • Failure or breakdown of the gas, electricity or water supply
  • Dangerous electrical fault
  • Serious damage caused by fire, flood, storm or explosion
  • Burst water service
  • Serious roof leak
  • Gas leak
  • Any fault or damage in the care home that makes the care home unsafe or insecure
  • A serious fault in a lift or staircase

The Department of Health and Social Care has now published guidance on these Regulations which can be found here: https://www.gov.uk/government/publications/vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance/coronavirus-covid-19-vaccination-of-people-working-or-deployed-in-care-homes-operational-guidance

Rachel Murray-Smith is a partner and Francesca Gallagher is a paralegal at Sharpe Pritchard LLP.


For further insight and resources on local government legal issues from Sharpe Pritchard, please visit the SharpeEdge page by clicking on the banner below.

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This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email This email address is being protected from spambots. You need JavaScript enabled to view it.

LACAT BookFREE download!

A Guide to Local Authority Charging and Trading Powers

Written and edited by Sharpe Pritchard’s Head of Local Government, Rob Hann,

A Guide to Local Authority Charging and Trading Powers covers:

• Updated charging powers compendium          • Commercial trading options

• Teckal ‘public to public’                                    • Localism Act

FREE DOWNLOAD

LACAT BookAvailable to buy:

A Guide to Local Authority Companies and Partnerships

An invaluable, comprehensive toolkit for lawyers, law firms and others advising
on or participating in Local Authority Companies and Partnerships”

- Local Authority Chief Executive

BUY NOW

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