Domiciliary care

The domiciliary care sector faces ongoing financial and operational pressures, making specialist legal support essential. Our team advises providers, investors and for- and not-for-profit organisations on adverse incident avoidance, mergers, acquisitions, regulatory compliance, contracts, employment matters and risk management.

We have extensive experience advising for- and not-for-profit businesses on mergers and acquisitions and advising investors on the acquisition of domiciliary care businesses whether as an independent service or to complement existing health and social care services.

Our team has advised operators of domiciliary care services with all aspects of their businesses from staffing to adverse incident avoidance and management. We have particular strength in the contracting arrangements providers will need to consider, with both commissioners, whether on a framework or consortium basis, a bilateral contract or through a personal budget. We also advise clients on contracts with service users, in light of consumer protection laws.

Our team has a detailed understanding of the CQC regulatory frameworks applicable to domiciliary care, alongside all the relevant regulatory frameworks which apply to the provision of care in people's homes such as mental capacity, welfare benefits, consumer rights, equality and human rights. While this should be a given for any legal adviser, our approach is to ensure that this knowledge is applied across all aspects of your business, whether we are working in an advisory role or on a specific transaction, meaning you see the benefit of our wealth of experience in everything you do.

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-based provision
  • first time outsourcings of services by Local Authorities
  • Advice on the full range of operational issues faced by providers

Knowledge Hub

Latest in Domiciliary care

Insights
16 August 2023 | Author: Rosie Brown

Liberty Protection Safeguards: Why, When & How

The purpose behind Liberty Protection Safeguards (LPS) is to create a more streamlined, efficient, and more effective system for those vulnerable persons whose liberty is being deprived. LPS were introduced by the Mental Capacity Amendment Act 2019 (MC(A)A 2019) and are expected to replace the current Deprivation of Liberty Safeguards (DoLS) regime.