The health and social care sector is deeply complex. It is politically sensitive, and socially emotive. Your business operating in the sector faces a significant regulatory burden. You need advisers who understand the complexities of that regulation and can guide you through the best course of action - avoiding problems and managing them well when they do arise.
Our team has a detailed understanding of the CQC and Ofsted regulatory frameworks and applies that knowledge in both advisory and transactional work, assisting our clients with practical advice enabling them to set up systems which track compliance on an ongoing basis. If CQC or Ofsted regulatory action is taken against your business we can assist with everything from challenging warning notices to challenging inspection reports and service ratings at each stage of the process.
We have particular strength in public law and human rights issues. We have represented clients in relation to applications for judicial review in relation to fee increases/ decreases, consultation on home and hospital closures, regulatory and statutory complaints and appeals and contentious procurement matters relating to the procurement of services.
We regularly advise on complaints, adverse incidents and Coroner's inquests. We appreciate the sensitivity needed when engaging with patients / service users and their representatives. Our work here includes training and other pre-emptive advice to avoid such incidents arising, and the correct steps to be taken when they do occur, such as statutory reporting obligations. It also includes advice on inquiries and investigations by the Health and Safety Executive and Local Authorities (in particular their safeguarding teams). We are also able to advise on other key aspects of regulation and legislation, such as the DPA/GDPR and FOIA.
We are experienced in advising on complex legal issues concerning capacity to make decisions concerning health, welfare, property and financial affairs in accordance with the Mental Capacity Act 2005. We have significant experience of dealing with deputyship and enduring and lasting powers of attorney (including advance decisions).
In brief
- Advise both for and not for profit providers, investors, developers, funders and commissioners
- Significant experience in:
- developing new services and in the buying and selling of services and businesses - in a property or a corporate structure
- change management projects moving from institutional to community provision
- First time outsourcings of services by Local Authorities
- Detailed understanding of the CQC regulatory regime applicable to domiciliary care services
- Overlay of related regulatory frameworks e.g. mental capacity, welfare benefits, human rights and equality
