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governance


Within the last few years the health sector has seen a rash of organisational changes driven by public policy, reduced public funds and a drive to do “better for less”. We have worked with public and private sector, social enterprises and quasi public bodies navigating the myriad of legal issues arising during the transfer or establishment of organisations. 

We can help with:

  • obtaining and retaining accreditation
  • allocation of responsibilities, risks and rewards
  • organisational structures for effective accountability, delegated authority and decision making
  • effective assurance and reporting processes with NHS England, CQC and Monitor
  • legal duties of management, including directors, the accountable officer and other officers
  • procedures for the resolution of disputes and conflicts of interests
  • negotiating contracts with third party suppliers for identifiable outcomes and value for money.

related resources

Legal updates

Capacity at birth – care planning, contingent and anticipatory declarations

Our recent case of United Lincolnshire Hospitals NHS Trust v CD is significant because it is the first reported judgment on the use of the Mental Capacity Act 2005 (MCA) to make contingent and anticipatory declarations in the event that P lacks capacity at a particular future point in time.

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Legal updates

CCG merger

Over the last couple of years, many CCGs have been looking at how they can strengthen and formalise their collaborative working arrangements with neighbouring CCGs.

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Legal updates

Negligent medical treatment not sufficient to engage State responsibility under Article 2 ECHR

The recent judgment of R (on the application of Maguire) v Her Majesty's Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin), reaffirms that individual acts of medical negligence are not sufficient to engage State responsibility under Article 2 ECHR.

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Legal updates

STPs - what are the plans for the estate?

Now that STPs have been released, various questions and thoughts may arise for NHS trusts (and other public bodies) involved in estates and facilities.

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