Social Care

  • Overview
  • Working with clients
  • 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

     

    Providing industry insights

    Bevan Brittan has recently teamed up with QCS (Quality Compliance Systems) as their legal partner, working alongside QCS to deliver high-quality CQC compliance, Quality Assurance and Care Management support to the care sector. As part of our partnership we have produced a series of blogs on a range of topics affecting the social care sector:

    NICE guidelines for learning disability    

    Care Standards Tribunal rulings    

     

     

  • 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

Bevan Brittan recruits new Corporate Partner

May 21st 2018

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Use of grievance procedures to impose sanctions for councillors' misconduct

May 24th 2018

Commentary on R (Harvey) v Ledbury Town Council [2018] EWHC 1151 (Admin)

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