Social Care

  • Overview
  • Demand is constantly growing for care services from care homes, mental health services and domiciliary care. With this comes increased pressure on providers to deliver more on reduced budgets, and compliance is more important than ever.

    Drawing on the skills of lawyers across our firm’s departments, our market-specific advice covers the full range of legal areas including corporate, property, regulatory, due diligence and commissioning and procurement. We’re also known for representing clients in judicial review actions against their commissioners. 

    • CQC Regulation – including regulatory models, obtaining registrations, responding to/disputing inspection findings and advising on policies
    • Mental Capacity, Mental Health and Court of Protection
    • Clinical negligence & complaint handling, commercial litigation & disputes advisory
    • Staffing - Employment, pensions & immigration, Outsourcing & shared services, Professional disciplinary regulatory
    • Health & safety & criminal regulatory/enforcement
    • Compliance – charity law, competition law, information law, DPA & FOI, investigations,
    • Property - Estates rationalisation, litigation, structuring, residential sales & asset management
    • Contract management – including corporate and commercial breaches, negligence and disputes

    How we have supported clients

    In the independent healthcare sector our clients range from small UK start-ups to large scale providers of acute and mental health services.

    CQC Regulation

    • Advising clients on applications for registration with the Care Quality Commission.
    • Supporting clients in their preparation for CQC inspections, including
    • Board workshops and conducting mock interviews with senior managers.
    • Advice and representation for clients responding to CQC inspection reports through factual accuracy challenges and Quality Rating Review Requests.
    • Advising providers making representations against CQC enforcement notices.

    Compliance

    • Advice on a range of policies relating to healthcare and regulatory compliance: eg safe recruitment of staff; patient consent; confidentiality; candour in response to patient safety incidents; Fit and Proper Person test for directors.
    • Advice on Mental Capacity Act and Deprivation of Liberty safeguards.
    • Quality Governance processes – ensuring you are ‘Well-led’.
    • Responding to Whistleblowing – internal investigations.
    • Support in Safeguarding investigations.
    • Advice and representation in Health & Safety enforcement and prosecutions.
    • Inquests – advice and representation.

    Data Protection

    • Advice on consent, confidentiality and information sharing.
    • Advice on information governance and data protection policies and procedures.
    • Sharing of personal data and subject access requests.
    • Response to data breaches and Information Commissioner's Office complaints.

Legal Insights

Financing deal to enable expansion of Wharfedale Grange

Oct 20th 2017

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Allowing supplementary information after the deadline for bid submissions – how far can you go?

Oct 18th 2017

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