Supplementary memorandum by Mr Shaun Brogan
652 AND 653:
PCTs are accountable for the protection of their
populations' health. Before April 2003 the consultants in communicable
disease control (CCDC) were part of the PCT organisations, accountable
to the PCT Chief Executive through the director of public health.
Now the CCDC is employed by the HPA but PCTs are still accountable
for health protection. The accountability between the CCDC/HPA
and PCTs is channelled through a memorandum of understanding (which
is like a service level agreement).
A GENERAL POINT:
An examination of public health law reveals
a conflict between individual human rights and protecting the
public health. For example, the drug resistant infectious TB patient
who refuses to take his/her treatment and thereby represents a
risk to the public. Can we detain this patient until he/she is
converted to sputum negative/non-infectious status without falling
foul of human rights legislation?