We are passionate about care and work with all elements of care systems to deliver better outcomes for commissioners, providers and end-users. We act for public and private sector organisations at national and local level, drawing on our wide experience and full-service offering to innovate in support of our clients’ long-term objectives.
Market leading work on the transition to Integrated Care Systems and the Social Care White Paper puts us at the vanguard of developments in care and supports strategic collaboration with our clients, to both deliver the needs of the moment and plan for future change.
Complex systems like care require broad expertise, and we bring the weight of our corporate, local and national government and health practice to the work we do for our clients. We draw on expertise from across our practice, including advice on statutory powers and duties, commissioning and procurement, information and data, employment law, public law challenges, commercial disputes and liability claims.
A local authority
Guiding a local authority on their transition to being part of an ICS, including reviews of structures and governance.
Private care provider
Advising a private care provider on risk associated with planned workforce sharing arrangements.
A local authority
Supporting a local authority in a complex supplier dispute and successful transition to a new provider. Dispute included commercial disputes, overpayment issues, and threatened JR of service user care plans and of MO decisions.
"Professional, Knowledgeable Experts."
“Helping [us] sleep better at night.”
Latest insights and events
Legal Update - Public matters newsletter
Public Matters - May 2023
AB vs Worcestershire County Council and Birmingham City Council
Retirement housing: A solution to our care and housing crises?
Pay deal reached for Agenda for Change employees
Injunction means nurses’ strike will be cut short
Supporting employees with mental health issues
Opinion - Maternity services
Racial disparities in maternity care
Further industrial action announced as RCN reject pay deal
Legal Update - Public matters newsletter
Public matters - March 2023
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
HXA and YXA failure to remove cases: Key considerations in anticipation of the Supreme Court judgment
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
Junior doctors vote unanimously in favour of strike action
BMA issues medical locum rate card for junior doctors
Employee who refused to wear a face mask fairly dismissed
New toolkit to support safer recruitment in the care sector
Mental health, eating disorders and placement of young people
LPS consultation and ‘go live’ planning
A brief summary of the Court of Appeal decision in HXA v Surrey County Council and YXA v Wolverhampton City Council
On 31 August 2022, the Court of Appeal handed down the Judgment in respect of the appeal case of HXA v Surrey County Council and YXA v Wolverhampton City Council .
Liberty Protection Safeguards: points to note as consultation period continues
Deprivation of Liberty Safeguards was due to transition to Liberty Protection Safeguards in October 2020 but delayed due to the pandemic. While the public consultation has now closed and we’re still unclear of what the final legislation and code will look like, it’s worth noting and keeping a watching brief.
Avoiding the pitfalls of WhatsApp
The use of social media platforms and applications can have overwhelmingly positive benefits for public bodies. However, regulatory action recently taken by the Information Commissioner, has highlighted various pitfalls that public bodies should seek to avoid if allowing staff to use social media as a communication tool.
Challenges from potential Foster Carers and Adopters
Our immediate future shows a renewed focus on foster care. We’re going to see a new nationwide-drive to recruit foster carers and the implementation of a more robust, and potentially financially-generous system for encouraging friends and family to care for their relatives (both when extended families cannot cope or provide care for any reason).
A helpful decision for claimant solicitors on Limitation under the Human Rights Act in abuse and assault cases?
In this month’s decision of CJ & Ors v Chief Constable of Wiltshire Police the court was given the task of considering whether a sexual abuse action, brought under the Human Rights Act 1998 should be allowed to proceed to trial where the claim had been brought outside the one-year period prescribed by the Act.
Independent review of children’s social care – focus on foster care
This summer saw the publication of a report describing itself as a ‘once in a generation’ opportunity to reset children social care. Based on the current trajectory, the report concluded that 100,000 children would be held in care in the next decade.
LPS - it's out - what do you need to know? Part 3: the practicalities of implementationThis on-demand session deals with what we now know so far about the finer detail of the LPS proposals, particularly focussing on the practicalities of implementing the LPS system.
80% hours for 100% pay? That’ll do nicely
As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.
LPS - it's out - what do you need to know? Part 2: the most significant changesThis on-demand session considers some of the most significant changes to the Code.
The independent review of children's social care
The independent review of children’s social care published its report yesterday. The report recognises that a conventional response of ‘top down’ rules is not likely to be fruitful, but it also identifies that many local systems do not have the robustness or resource to take on the full burden of reform.
When does the treatment of residents of care homes meet the article 2 and article 3 thresholds?
Residents of care homes are particularly vulnerable members of our society, with higher risks of incidents and fatal injuries, which unfortunately can be as a result of suffering ill-treatment. Courts can be faced with the difficult task of determining whether the treatment amounts to a breach of the individual’s rights.
LPS - it's out - what do you need to know?' Part 1: Regulations and Code of PracticeThis on-demand session deals with what we now know so far about the finer detail of the LPS proposals, particularly focussing on the practicalities of implementing the LPS system.
Complex safeguarding allegations
Whilst Schools and Academies exist to educate and inspire young people, their primary obligation is their protection. Keeping Children Safe in Education (“KCSIE”) is at the heart of everything that educational institutions do and impacts on every decision, however big or small.
Right to Work Checks: Changes from 6 April 2022
From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).
'Barry Bennell case' webinar
This webinar looks at the three key themes in the decision, and is aimed at sports & social clubs (including safeguarding officers).
LPS - it’s out
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
Covid-19: Government’s U-Turn for mandatory vaccination for health and social care workers following consultation
Since 11 November 2021, workers in regulated care homes in England have been required to be vaccinated against Covid-19, unless they are exempt in accordance with the Health and Social Care Act 2008.
Corporate lawyer joins specialist independent health team
Browne Jacobson has strengthened its independent health & social care team with the addition of corporate finance lawyer Vicky Tomlinson.
Legal Update - Shared Insights
Shared Insights: Safeguarding Forum. Child Safeguarding in childcare proceedings
Our speakers looked at Child Safeguarding in childcare proceedings.
Is a review of Article 2 application in inquests on the horizon?
The Supreme Court has granted permission to appeal the decision of the Court of Appeal in the case of Jacqueline Maguire v HM Senior Coroner for Blackpool and Fylde in which the Coroner ruled that Article 2 of the European Convention on Human Rights (the right to life) was not engaged.