Health and care sector latest developments
Hospitals in England ‘on high alert’
NHS England has said that hospitals are on ‘high alert’ amid industrial action and winter viruses.
Flu cases in hospital reached 3,140 by the end of last week – the highest ever for this time of year and up 18% on the week before.
While the number of patients in hospital with norovirus and the diarrhoea and vomiting bug is also on the rise, with 427 cases in hospital each day last week – up a fifth (20%) on the week before.
There are, however, welcome signs that the rise in flu cases in hospital is slowing, and this has been attributed to higher vaccination rates and the public taking additional steps to protect elderly and vulnerable people.
Rory Deighton, acute and community care director at the NHS Confederation, warned that pressure on NHS services ‘continues to mount’ and that while ‘NHS leaders and their teams are working incredibly hard to keep patients safe…rising flu levels, increased staff sickness and industrial action will no doubt result in patients facing longer waits and cancelled or rescheduled appointments and operations’.
Mental health bill receives Royal Assent
The new Mental Health Act has received Royal Assent and will reform the outdated Mental Health Act of 1983, which provides the legal framework to detain and treat people in a mental health crisis who are at risk of harm to themselves or others.
The government says that the modernised act will implement urgent reforms which experts have been calling for almost a decade, bringing mental health care into the 21st century and empowering patients to take charge of their treatment. It also will support NHS staff to provide more personalised care for those who need it.
Rebecca Gray, mental health director at the NHS Confederation, welcomed elements of the act that will, over time, reduce detentions of people with learning disabilities and autistic people who do not have a co-occurring mental health disorder – an area that has been a key focus for the NHS Confederation during the bill’s passage.
An amendment by NHS Confederation chair, Lord Adebowale, calling for a costed plan to ensure that integrated care boards and local authorities are able to provide adequate community services for individuals with learning disabilities and autistic people at risk of detention under Part 2 of the 1983 Act, received support from several peers. These included Lord Stevens of Birmingham, former NHS England chief executive, as well as former health ministers Lord Kamall and Earl Howe, who are now shadow minister for health and social care and shadow deputy leader of the House of Lords respectively.
Rebecca Gray added: “The focus now turns to updating the Mental Health Act’s Code of Practice and we look forward to working with our members and the government on this.”
Non-British NHS England staff face exit risk
Around 170 NHS England staff may be unable to transfer into the Department of Health and Social Care ahead of NHS England’s planned abolition because civil service rules restrict employment to UK, Irish and Commonwealth nationals.
As the Health Service Journal notes, the issue highlights a clash between NHS recruitment, which allows overseas staff who meet immigration rules, and civil service requirements, with affected employees being offered individual support as redundancy and merger plans progress.
Health secretary Wes Streeting has said that the changes are part of reshaping the system, stressing the need for a workforce that can ‘deliver reform at pace’, while ensuring staff are treated ‘fairly and with respect’ during the transition.
Concerns raised about NHS workplace investigations
Concerns have been raised about the impact of HR investigations into NHS staff.
According to findings shared with the Health Service Journal, the investigations are being used as a punishment, allegedly leading to staff feeling suicidal and alienated.
A report by workforce culture expert Roger Kline highlights concerns with predetermined outcomes, pursuing guilt, and a failure to understand legal frameworks.
NHS Employers’ director of development and employment Caroline Waterfield said it was involved in a project by the Healthcare People Management Association – a sector body for NHS HR leads – which sought to improve investigation processes.
NHSE cracks down on ‘variable’ testing after C difficile rise
NHS England is introducing new infection diagnosis standards, following concerns about variation between providers.
A draft document on proposed changes to the NHS Standard Contract 2026-27 says that adherence to national guidance on diarrhoea sampling and testing for C difficile was currently ‘variable’ across providers, while NHSE has also warned about variation in service delivery and outcomes for blood culture pathways.
It comes amid national concern over the rising numbers of infections caused by C difficile, a type of bacteria which can cause diarrhoea, with cases reaching a 13-year high in 2024 and experts warning they could rise again.
Covid inquiry lawyers cost taxpayer more than £11 million in past year
Lawyers representing the government in the Covid inquiry have cost the taxpayer over £11 million since April, making it the most expensive inquiry in British legal history.
Critics have said that it shows the government is spending ‘astonishing sums’ on legal fees and is further evidence that a cap should be placed on costs.
The inquiry has cost £191 million so far and has produced just two of ten planned reports.
The final report is not expected until 2027, and it has been estimated that the overall cost is expected to surpass £208 million.
NHS Confederation publishes new report on social care
The NHS Confederation has today published a new joint report with the Association of Directors of Adult Social Services (ADASS) and RLDatix, titled Caring Together: A Joint Vision for the Future of Co-operation Between Adult Social Care and the NHS.
The report outlines where leaders in England are making the most of the tools currently available to them to join up services, improve care and help stretched budgets go further. It also considers where legislative changes may be needed to better enable joint working ahead of the upcoming health bill expected in early 2026.
To inform local commissioners and Phase 1 of the Casey Commission, which will review how to make the most of existing resources, it examines existing collaboration and the use of new technology, making a series of recommendations, including:
- exploring joint social commissioning teams across NHS integrated care boards and local government to deliver neighbourhood health, including shared appointments and budget pooling.
- expanding use of delegated health tasks to frontline social care staff, with appropriate funding, to deliver improved person-centred care and support, to relieve pressure on community care providers and provide career and pay progression opportunities for social workers. This should be based on a new national framework of responsibilities.
- embedding social care providers and local authorities in neighbourhood teams to better respond to complex needs, realising their expertise and potential.
Taskforce calls for more NHS leaders to sign charter to tackle racial inequalities in communications
Health leaders are being asked to do more to tackle bias and discrimination in the NHS communications sector or risk even more talented ethnic minority staff leaving the profession.
The Taskforce for Diversity in NHS Communications, comprising senior leaders from across the public, private and third sectors, is urging all CEOs, chairs and communications leads to add their names to its Diversity Charter as part of collective action to tackle racial inequalities in NHS communications.
The Diversity Charter was published alongside the Breaking Barriers report in July 2025 – this was a key development from the taskforce that was established by the NHS Confederation, NHS Providers and the Centre for Health Communication Research (CHCR).
By signing the charter, NHS leaders publicly declare their personal commitment to:
- taking personal responsibility for championing diversity
- building a representative workforce
- developing knowledge and understanding of racism
- extending professional networks to include colleagues from ethnic minorities
- providing tailored mentoring opportunities
- identifying bias in recruitment policies and processes.
