Across the NHS, independent health and social care, providers and commissioners are seeking to consistently deliver high quality care in a safe and caring environment.
This is against a background of delivering services in an increasingly complex and challenging landscape, treading a path between financial constraints, regulatory and reputational risks and managing a stretched workforce.
Bevan Brittan is a market leader with a team of expert lawyers advising across a range health and social care providers, commissioners and investors to support them in:
- Delivering high quality care and navigating complex legal frameworks
- Responding to regulatory challenges
- Growing their business
Delivering high quality care
We use our in-depth knowledge to support the provision of high quality care across a wide range of operational matters including:
- Deprivation of liberty
- Court of Protection
- Mental health law
- Mental capacity and consent
- Human Rights
- Safeguarding issues
We also advise on complex and strategic matters both in relation to the management of complex individual care packages and wider issues of patient safety and clinical governance reviews.
Responding to regulatory challenges
Heightened regulatory scrutiny whether from services regulators such as CQC and Ofsted, or other parts of the system brings the risk of financial penalties, restrictions on the ability to operate, reputational damage and loss of confidence from commissioners, insurers and the public and staff.
Our regulatory advice supports providers to navigate regulatory challenges covering:
- Advice on the regulatory implications of structuring
- Registration with CQC/Ofsted
- Compliance requirements such as the duty of candour
- Preparation for inspection (e.g. mock CQC Well-led inspections)
- Challenging inspection reports
- Representation in enforcement responding to poor inspections and enforcement notices
Our team also advises providers and staff in response to serious incidents, including:
- Incident investigations
- Safeguarding investigations and learning reviews
- Health and Safety
- Police investigations
Our team works closely with commercial teams to provide specialist regulatory due diligence advice to providers and investors on a range of transactions across the health, care and education sector,
For vendors, our reports provide clear information to support the sales process. For purchasers we provide clarity as to what is being acquired, the potential risks, their likely practical significance and the steps which can be taken to mitigate those risks.
The latest Medical Law & Human Rights news and articles can be found at Bevan Brittan's Insight Information Hub
JD v West London Mental Health NHS Trust  EWCA Civ 436
We successfully acted for the Trust responsible for Broadmoor Hospital in the Court of Appeal . The issue was whether and how far human rights issues should influence the First-tier Tribunals considering sections 72 and 73 of the Mental Health Act? We had successfully defended the Trust's position at the Upper Tribunal and the appeal to the Court of Appeal was dismissed. This case is important in clarifying the limits of human rights issues as they affect patients and professionals.
A Mental Health Trust, an Acute Trust and a Council v DD and BC  EWCOP 4
We acted for a group of health and social care organisations in a difficult case which dealt with whether and how far the State should intervene to force contraception and sterilisation on a woman. The key to a successful outcome was guiding the organisations and staff involved through the steps needed to demonstrate their professionalism and commitment. At the conclusion of the case, the Judge commented:
"It is evident from all that I have read and heard that these three public bodies have worked closely and collaboratively in seeking to resolve the exquisitely difficult issues in this case. I was impressed by the considerable effort, and conspicuous care, which they have brought in formulating and presenting this application….they have anxiously considered all of the possible options, furnishing the Court with careful ‘balance sheet’ analysis of the risks and benefits of the competing options on all issues."
Healthcare and Patient Safety Issues
We are working with clients on formulating policies and making it easier to balance treatment with finite resources. We are helping with social care policies and day to day activities such as contact and isolation, human rights issues and life/death decisions.
We are working on notifications of harm and death, RIDDOR, CQC compliance, judicial review, infection control law and grappling with the new regulations and guidance.
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