Health and care regulatory
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.
Related products, services and sectors
CQC Prosecutions of NHS Trusts
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 enforcement and reports
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.
Corporate restructuring - CQC registration advice
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.
Addressing prosecutions of service users
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."
Latest insights and events
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Thinking outside the box
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
Government response to the consultation on the Higher-Risk Buildings Regulations
The first 100 days for Integrated Care Boards
Safeguarding at scale report published
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
LPS consultation and ‘go live’ planning
How AI and technology can transform the healthcare sector
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
NHS England – Assuring and supporting complex change
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.
Highlights from the Health and Care Connect Conference
Health and Care Regulation – The Present and the Future
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.
ICS Forum webinar series: New rules for service reconfiguration
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.
ICS Forum webinar series: What’s new for ICSs?
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.
Legal Update - Shared Insights
Shared Insights: Coroners' Question Time
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.
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.
Health & Care Matters newsletter - June 2022
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.
Opinion - Maternity services
The impact of COVID-19 on maternal deaths
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.
Legal Update - Shared Insights
Shared Insights: Overview of inquests in relation to deaths in custody
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.
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.
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.
Local Health Systems: Relationships not structures
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.
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.
Legal Update - Maternity services
The Ockenden Final Report – a blueprint for safe maternity care from ward to Board
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.
LPS - it’s out
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
Liberty Protection Safeguards – What are they and will they ever happen?
The already delayed Liberty Protection Safeguards (LPS) implementation date was recently moved from April 2022 to an “unspecified date” in the future.
Health & Care Matters newsletter - February 2022
Welcome to our first health newsletter of 2022.
Themes in health and social care for 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.
Deal activity and market update in health and social care sector
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: brief update
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.
VCOD and healthcare workers – Getting ready to meet the requirement
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.
Legal Update - Shared Insights
Shared Insights: Preparing for 2022 – the big issues for legal teams across health and social care
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.
Care Quality Commission Strategy from 2021 – Ground for Optimism but Much Still to Learn
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.
Care Business Briefing - Deal activity dynamics in the healthcare sector
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.
Health & Care Matters newsletter - November 2021
Welcome to our Health Newsletter focussing on Sustainability and timed to hit your inbox as we start to consider the outcomes from COP26.