Governance, Risk &Compliance

  • Overview
  • Case studies
  • Good corporate governance, managing risk and compliance is at the core of any well-run organisation – whether within the public sector, a small and medium-sized enterprise or multi-national business.

    Healthy organisations begin with strong corporate governance, a Board or Senior Leadership Team that has collective responsibility for strategic direction and full knowledge of the day to day running and decision-making within the organisation.

    Within an increasingly regulated environment the Board and Senior Management Team have ultimate responsibility for providing a safe working environment, ensuring compliant services and products, meeting requirements for data handling, environmental and health & safety standards and also being a responsible employer.

    Working with clients

    At Bevan Brittan we have extensive experience advising Boards, Heads of Legal and General Counsel on the wide range of governance, risk and compliance issues that may arise. This includes governance reviews and due diligence; promoting high standards of probity and ethics; organisational or functional "health checks"; understanding and ensuring processes and systems are in place to ensure regulatory compliance and minimise fraud; keeping pace with data protection and cyber risk and advising on your duties to be a fair and responsible employer.

    We can also provide immediate support when things do not go according to plan; advising on forward strategy; undertaking independent investigations; and defending the organisation through the judicial process.

    Our specialist team can help you with:

    • Company law – including hybrid PPP vehicles
    • Due diligence
    • Competition law
    • Health & safety
    • Corporate manslaughter
    • Product liability
    • Data protection and GDPR
    • Working with auditors, regulators and dealing with service and governance failure
    • Bribery
    • Modern slavery
  • Our recent practical experience includes the following:

    Information Law

    • We provide support to a leading global conglomerate in a range of data protection matters including its responses to subject access requests. Our role includes collating the thousands of documents which fall within the scope of the requests, collating those documents, reviewing the documents and redacting the documents where an exemption applies.
    • We advised a healthcare provider on the use of cutting edge and innovative technology in the provision of healthcare for patients. In addition to providing expert advice, our support included the preparation of a GDPR compliant data sharing agreement and the drafting of a privacy impact assessment to map the processing of personal data and establish the lawful basis for such processing.

    Health and safety 

    • Provided legal advice, representation and support to a national charity in respect of an investigation following the death of a service user at a residential care home. This included attendance at an interview under caution and representation throughout the subsequent CQC prosecution, including successful submissions which avoided a restriction on the organisation’s registration;
    • Conducted a comprehensive investigation for a Registered Provider of Social Housing following an incident where a child fell from an unrestricted upper floor window at one of its tenanted properties. The investigation assessed the adequacy of the client’s existing health and safety strategy, policies and procedures and gave clear recommendations for improvements;

    Fraud 

    • We advised a housing association in connection with highly sensitive allegations of fraud and misconduct in relation to the procurement of a large contract with a supplier of services.

    Regulatory 

    • We acted for a homecare provider who faced a proposal by CQC to cancel its registration following an inspection of one of its branches. We were able to make representations highlighting procedural flaws in the action taken by the regulator and this, coupled with the client implementing an action plan to address the inspection concerns resulted in CQC discontinuing the enforcement action without the need for a First-tier Tribunal hearing.

    Investigation

    • We advised an NHS trust on the establishment of and processes for an independent investigation it commissioned into errors in cancer waiting time data. Our work enabled the trust to carry out a robust investigation which satisfied its obligations of openness and transparency whilst protecting it from claims for defamation and breach of data protection rights of some of the staff members involved.

    Modern Slavery 

    • Providing anti-bribery and corruption training and workshops to several hundred employees of a significant multi-national group of companies which was tailored to their specific requirements.
    • Creating policies and procedures dedicated to preventing bribery and modern slavery;
    • Drafting modern slavery statements.  

    Immigration

    • We advised a prestigious academic institution on the implications of the Brexit vote and options for EU national employees to confirm UK residency rights

    National Minimum Wage (NMW)

    • We advised a care home provider on NMW compliance, assisted with an HMRC investigation with a particular focus on payment for travel time. We also advised in respect of calculating NMW where employees are undertaking Care Certificate pre-employment training, focussing on how to maximise flexibilities around paying NMW for that time/possible recoupment of training costs.

     

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