NHS organisations rely on external legal advice for everything from the mundane to the extraordinary – from complex HR disputes through decisions around tendering services to cases involving both UK and EU law – such as the recent one involving withdrawal of treatment for a severely ill baby.
Good legal advice can save organisations money but it can also help to protect organisational reputation, meet regulatory requirements and deal with new challenges such as setting up joint ventures, working with other organisations within an Accountable Care System or Sustainability and Transformation Programme.
Having worked closely with teams from Bevan Brittan for the past two years, I have found them to be consistently responsive; extremely knowledgeable; highly flexible; quick to establish trusting relationships with public sector clients; and focused on adding value wherever possible. Their outputs always meet their own exacting standards.
As the NHS changes, we work alongside our clients to steer their way through an ever evolving landscape, whilst appreciating their focus has, and always will be, with their patients first and foremost.
Our aims are straightforward:-
- to support and guide the NHS through challenging times;
- to help identify solutions and better ways of working to ease the financial and political pressure which the NHS is under and to keep patients safe; and
- to have the ability to advise on any issue and any transaction in the health sector.
Bevan Brittan is almost the omniscient legal advisor within the NHS – they appear to be providing legal support to every aspect of NHS transformation and across every area of the NHS. No other firm gets close.
Summary of recent successes in the public health sector market:
- Act for 9 of the Vanguard status New Models of Care projects (more than any other law firm) including National Lead Vanguards for pricing models and organisational models (including PACS, MCP, Urgent Care Collaboration, Acute Care Collaboration).
- Pre-eminent in infrastructure transactions including the £140m New Papworth PFI; Sandwell PF2 Project (the only PF2 to close in the health sector), £34m cardiac centre variation for Barts; a major variation for an outpatients dept at Alder Hey; refinancing of Leeds Teaching's £168m PFI scheme.
- Involved in 20% key, leading cases in Court of Protection - and also seminal cases such as the Supreme Court judgment in Aintree University Hospital NHS Foundation Trust v James.
- Working with our clients looking at models for delivering more efficient estates infrastructure and services: including SEP, bespoke joint ventures, estates and FM subsidiary models and Project Phoenix.
- Working with our health sector clients, NHS Digital and Healthcare UK on projects exporting British healthcare overseas.
The latest NHS news and articles can be found at Bevan Brittan's Insight Information Hub
Manchester Resilience Hub
Pennine established the Manchester Resilience Hub (MRH) in the wake of the Manchester Arena Bombings in May 2017. Pennine ‘hosts’ MRH in partnership with Greater Manchester Mental Health NHS Foundation Trust, Manchester University NHS Foundation Trust and Northwest Boroughs Healthcare NHS Foundation Trust. We were commissioned through the Department of Digital, Culture, Media and Sport’s Mutual Support Programme 2 to support the four Trusts, and the MRH team, to explore options for an alternative and sustainable model for the future delivery of the MRH.
Queen Elizabeth Hospital, Birmingham
We advised University Hospitals Birmingham NHS Foundation Trust on all elements of its project to find a partner to build and operate a specialist hospital facility co-located at the Queen Elizabeth Hospital on the Trust's site.
Redevelopment of Whipps Cross Hospital, London
We are instructed to act for Barts Health NHS Trust, the biggest NHS Trust in the UK, on all of their property matters. One of these matters includes the multi-million pound redevelopment of the Whipps Cross Hospital site with a new state of the art hospital being built on part of the site with the remainder of the land being released for much needed homes and community facilities.
Manchester Cancer Research Centre
We are advising the Christie NHS Foundation Trust who are leading the redevelopment of a world class cancer research centre in Manchester on behalf of the Manchester Cancer Research Centre, a partnership between the Trust, the University of Manchester and Cancer Research UK Limited.
Disposal of Broadmoor Hospital
We are appointed to act for West London NHS Trust on the disposal of Broadmoor Hospital following the construction of their new facility.
Healthcare and Patient Safety Issues
We are working with clients on formulating policies and making to balance treatment with finite resources. We are helping with social care policies and day to day activities such as contact and isolation, human rights issues and life/death decisions.
We are working on notifications of harm and death, RIDDOR, CQC compliance, judicial review, infection control law and grappling with the new regulations and guidance.
On 11 February 2021 the Department of Health & Social Care published its legislative proposals for a Health and Care Bill: Integration and Innovation: working together to improve health and social care for all. The proposals build on the NHS’s recommendations in the 2019 Long Term Plan, shaped by the recommendations of NHS England, reflecting the travel towards Integrated Care Systems (ICSs) and informed by experience since Covid-19.
Proposals in the White Paper
- For every part of England to be covered by an integrated care system (“ICS”)
- To reduce bureaucracy (in relation to the arrangement and commissioning of healthcare services)
- A streamlined framework for national oversight, merging NHS England and NHS Improvement
- Appropriate oversight of social care and public health functions
- Further regulatory proposals for safety and quality
The ambition is that the legislative proposals for health and care reform outlined in the White Paper will begin to be implemented in 2022. There will be ongoing engagement with stakeholders across the health and care systems, Arm’s Length Bodies and Devolved Administrations on the details of proposals as they progress. The ambition is to implement legislation in a way which is enabling and flexible, and accompanied by wider reforms in areas such as data and finance. The Department of Health & Social Care states that the NHS has committed to consulting on the new provider selection regime regarding commissioning and procurement. At its heart the aim of the white paper is stated to be greater integration, reduced bureaucracy, and the facilitation of health and social care working in partnership.
- 10/03/21 Integration and Innovation: Where is the workforce in the White Paper?
- 04/03/21 Integration and Innovation: the White Paper proposals on improved quality and safety in the NHS
- 23/02/21 Integration and Innovation: the White Paper proposals touching on digital and data driven health and social care
- 18/02/21 Integration and Innovation; the proposals for procurement and competition
- 12/02/21 Legislative proposals for a Health and Care Bill
Joanna Lloyd, Head of Health (NHS) discusses with Partner Kirtpal Kaur Aujla the impact of the White Paper on local authorities and the establishment of the ICS health and social care partnerships.
Joanna Lloyd, Head of Health (NHS) discusses with Partner Carly Caton the expectations on providers to join up at a Place level under the proposals in the White Paper to form a series of provider collaboratives.
Joanna Lloyd, Head of Health (NHS) discusses with Partner James Atkins the implications of Integrated Care Systems on Estates.
A webinar from Bevan Brittan and Mutual Ventures - your options for provider collaboration within integrated healthcare reform. View more information.
Joanna Lloyd, Head of Health (NHS) discusses with Partner Alastair Currie whether the emphasis on ‘place’ and consolidation of organisation structures will make new ways of working easier.
Joanna Lloyd, Head of Health (NHS) discusses the organisation structure and implications for providers with David Owens, Partner.