We’re an award-winning, specialist health and care regulatory team, working closely with NHS and independent health and care providers, investors and commissioners. We help you navigate all aspects of regulation in the sector.
At Browne Jacobson our extensive experience of positive interactions with the Care Quality Commission, and other sector regulators, means we’re able to help you develop the best strategies to achieve your priorities, whether in litigation or otherwise.
We understand the criminal and regulatory disputes that can arise in your area of work. We take a collaborative approach, helping you to understand your regulators. As a result, we’re often able to resolve issues before they require litigation. Where this isn’t possible, we provide a responsive and flexible approach to police and regulators’ investigations, inspection reports and enforcement actions.
Our breadth of work provides us with a real insight into the challenges affecting the whole sector. Putting this experience into practice, we tailor our service to your needs.
We give proactive advice and, through the connections we forge with you and our many specialists across our Criminal, Compliance and Regulatory team, we’re able to find solutions through extensive investigations, and offer constant representation at all stages. Your aims and objectives remain the focus throughout the process.
Advising acute hospital Trusts in respect of police manslaughter investigations and associated CQC criminal investigations following patient deaths, including consideration of individual clinician liabilities. Representation in eventual CQC prosecutions.
Challenging CQC registration cancellations, urgent enforcement action, warning notices and inspection reports including Tribunal appeals. Successfully prevented closures of services and secured permanent changes to CQC’s standard inspection report wording.
Advised upon and assisted one of the largest UK care home groups in relation to CQC registration requirements for internal restructuring. Provided a comprehensive registration service including coordination of registration applications in Scotland and Isle of Man.
Advising NHS mental health Trusts and independent specialist care providers in relation to investigations of serious criminal offences committed by their service users. Working directly or on behalf of insurers, ensuring that criminal proceedings did not result in reputational harm or regulatory consequences for our clients.
"Browne Jacobson’s health Team can always be relied upon for support through difficult issues which sometimes arise, and they work towards the best resolution quickly."
"Browne Jacobson has mastered the art of being friendly and approachable whilst providing high quality legal advice which represents excellent value for money. They understand the needs and pressures on my organisation and support us superbly at times of difficulty."
"The relationship between solicitors within the team, paralegals and other legal support and barristers on a case is extremely collaborative- more so than any other firm I work with. There is very much a team approach in conducting complex cases which is essential to benefit the client concerned."
"Knowledge and experience in every part of healthcare. Prompt and efficient. Top tier."
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
In this article, we discuss some of the themes we have seen in recent CQC regulation as well as providing an update on the development of their new assessment framework. I will also highlight other key developments in the sector that all providers should be aware of.
This on-demand webinar looks at the Secretary of State’s new powers under the Health & Care Act 2022 & impact on current approach for healthcare providers.
Presented by Gerard Hanratty, this on-demand webinar looks into the key new functions for Integrated Care Systems under the new Health & Care Act 2022. It provides a useful update on what is new, how it may be interpreted and what issues may arise.
In this session, our speakers discussed fundamentals of disclosure, general points on disclosure & Post-Pandemic, interested Persons & Patient Safety Incident Response, and how we can help & Takeaway Tips.
Welcome to our latest health newsletter for Summer 2022. We have a packed edition which includes fascinating insights from clients and our own lawyers into the potential impact of the Health and Care Act 2022 and associated DHSC integration policy.
HSIB published its report on Maternal deaths during the first wave of COVID-19. The report takes a closer look at the impact that COVID-19 had during the initial period of March to May 2020.
In this session, our speakers discussed gave an overview of inquests in relation to deaths in custody and discussed three key themes; Documentation Provision, Communication, and Decision making. They also discussed Healthcare in a prison setting - manging the unique challenges.
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.
The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.
The much anticipated final Ockenden report was published on 30 March 2020. The final report sets out the findings of the review into care provided to 1,486 families, and sets out a blueprint for safe maternity care.
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
The already delayed Liberty Protection Safeguards (LPS) implementation date was recently moved from April 2022 to an “unspecified date” in the future.
Welcome to our first health newsletter of 2022.
2021 saw the combination of two challenges. The first was a general under-supply of workers in the health and care sector. The second involved greatly increased and often unpredictable levels of staff absence, through illness or ‘close contact’ isolation.
In the last nine months of 2021 we saw a huge amount of activity across all sub-sectors of health and social care.
The Liberty Protection Safeguards (LPS) will be used to authorise the proportionate and necessary deprivation of liberty for people aged 16 and above who lack the mental capacity to consent to their care arrangements.
We invite you to an on-demand webinar looking at the key legal and practical implications for healthcare employers arising from the NHS England VCOD Guidance and actions required in Phase 2 implementation stage.
We were delighted to be joined by Dr Nigel Sturrock, Regional Medical Director for the Midlands at NHS England and NHS Improvement. He gave an overview of the pressures placed on the NHS by the pandemic, including the impact on urgent and emergency care, elective procedures and staffing.
There is much still to learn about how the strategy will be implemented and those details will play a huge part in determining the final outcome. However, there are grounds for optimism.
Join Browne Jacobson and Virgin Money for an on-demand webinar as they discussed their thoughts on the outlook for acquisition activity and funding in the health and care sectors.
Welcome to our Health Newsletter focussing on Sustainability and timed to hit your inbox as we start to consider the outcomes from COP26.
In circumstances where it is subsequently proved that an individual does have such a mental disorder, there is a presumption that their carer either knew or could reasonably have been expected to know of the disorder, unless sufficient evidence is adduced to rebut that presumption.
In this Shared Insights session, we discuss difficulties faced by professionals when dealing with challenging family members and highlighted the legal frameworks and mechanisms that can be implemented to manage these behaviours in order to protect staff and keep the patient’s best interests at the centre of decision making.
Given the ongoing scrutiny of maternity services following publication of the Ockenden preliminary report in December 2020, it is timely that World Patient Safety Day on 17 September 2021 has a focus on safe maternal and newborn care.
In this Shared Insights session we provided an overview of the implementation of the Ockenden Immediate and Essential actions.