Independent health and care
At Browne Jacobson, we have one of the largest, most respected specialist health and care sector teams in the UK. We have more than 40 lawyers working exclusively in this complex part of the healthcare economy, supported by a wider, multi-disciplinary team of over 200.
We are at the forefront of society's biggest issues. We’ve advised our clients on business-critical matters, including Covid, contracting with the NHSE, and the impact of BREXIT on businesses in relation to staffing, data protection and the transfer of human tissue across borders.
We’ve supported international investors entering the UK healthcare market for the first time and developed buy-and-build platforms in social care. We often advise on the impact of CMA guidance and carry out compliance audits for clients in affected sub-sectors.
At Browne Jacobson, we understand the challenges faced by providers in this sector with reducing profit margins and increased focus on quality.
Our multi-disciplinary team provides support on the full spectrum of legal matters across independent health and care, ranging from large strategic transactions and partnerships to responding to ad-hoc contractual queries, advising on procurement, contract negotiation and finance as well as advising on employment matters and real estate issues and developments.
Our barrister-led specialist regulatory team offers a 24/7, 365-day regulatory helpline which supports you with inquests, claims, commercial litigation and procurement challenges.
Above all, we pride ourselves on being connectors. Across our independent healthcare team, we enjoy bringing clients and intermediaries together to benefit each other and the wider sector. That’s why we work hard to introduce you to providers of complementary or necessary services, when appropriate.
Our deep understanding allows us to provide rounded, pragmatic advice which leads to enduring relationships based on trust.
Our expertise
Featured experience
A biotechnology company
Supported Sygnature Discovery’s in-house legal and contracts team for over a year through our instant in-house offering. We have worked with them to develop a suite of standard documents for use with international pharma clients.
A household name care home group
Advising throughout police, CQC and fire authority investigations and prosecution including in the Court of Appeal. Complementary representation in inquest proceedings and a related civil claim.
A major private mental health care provider
Representation at some of the most high profile complex inquests involving inpatient and community deaths, as well as providing speedy and forthright advisory and robust litigation assistance.
A buy and build platform
Advised a number of platforms in the senior living sector from straightforward transactions, estate development, HR support, drafting standard terms and CQC registration.
Key contacts
Clare Auty
Partner
Amanda Wright-Kluger
Partner
Victoria Thourgood
Partner
Carly Caton
Partner
Heather Caddy
Partner
Testimonials
"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."
"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."
"All the team are very approachable and use plain English, they return calls on time and keep to schedules as defined. The use of the drop box for documents was especially helpful with large amounts of Patient identifiable information. Have started to offer good training sessions to update on case law, LPS and modernisation of the Mental Health Act."
"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."
Latest insights and events
Legal Update
Automatic suspension and procurement law
Opinion
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
On-Demand
Future of Care - Retirement Living webinar
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
On-Demand
Environmental, social and governance (ESG) in the context of retirement living
Legal Update
LPS consultation and ‘go live’ planning
Published Article
How AI and technology can transform the healthcare sector
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Guide
Highlights from the Health and Care Connect Conference
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 - 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.
On-Demand
Commissioning Health Tech in an ICS World
We invite you to watch our on-demand webinar which looks into how healthtech is commissioned from a health and tech perspective.
Legal Update
Covid 19 public inquiry
The start of the public inquiry into Covid-19 in the UK has moved one step closer with the appointment on December 17 2021 of Baroness Heather Hallett to chair the inquiry. The inquiry was announced in May last year and is due to start in the spring of 2022.
Legal Update
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.
Legal Update
Building Blocks: health and care buildings in 2022
Expectations are understandably high whilst waiting for any Chancellor to announce their budget.
Legal Update
“Original cause” – Aggregation clauses in insurance contracts – Spire Healthcare v Royal & Sun Alliance [2022] EWCA Civ 17
A recent Court of Appeal judgment has provided some useful and much-needed clarity on the interpretation and application of aggregation clauses in insurance contracts.
On-Demand
ICS Development
This one-hour webinar includes an overview of new legislation in a developing ICS, as well as the key features for developing integrated care partnerships, how local authorities can work collaboratively with health organisations, and how ICS structures can be developed to support key system priorities.
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.
Published Article
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.
On-Demand
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.
On-Demand
Liberty Protection Safeguards
The Liberty Protection Safeguards are due to be implemented in April 2022. Before this time there will need to be whole system change, training and implementation.
Legal Update
Potential criminal offence for care workers to assist people with mental disorders in securing the services of sex workers
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.
Legal Update
Mind the gap – preparing systems for new integrated care systems (ICSs) bodies
The timetable has been published. The ICS train doors are closing. Are your tracks up to speed?
Training
NHS White Paper - Ensuring accountability and enhancing public confidence
This is the third in a series of four webinars regarding the NHS White Paper. We will provide an overview and discussion of the ensuring accountability and enhancing public confidence proposals section of the white paper, looking at the framework for oversight of the health system and workforce accountability.
Training
Care business briefing acquisitions and funding
Browne Jacobson, Clydesdale Bank/Virgin Money and Hazelwoods Healthcare specialists discuss their thoughts on the outlook for acquisition activity and funding in the health and care sectors.Legal Update
Our top 5 tips: entering the health and social care market
As the country has mobilised in response to the Pandemic there have been a number of new entrants to the health and social care market.
Legal Update
The role of the independent sector in integrated care system (ICS) planning post Covid-19
The NHS Long-Term Plan created an ambition that every part of the country should be an integrated care system (ICS) by 2021.
Legal Update
Investing in distressed care homes: Diamonds in the rough or a lost cause?
The Covid-19 pandemic has given operators and investors in the care home market new factors to consider when assessing acquisition targets.
Training
Practical advice on resetting your ICS
Topics covered are a view from an ICS Chair on reset, initial lessons to consider, a new way to govern, models to work collaboratively and a Q&A.
Training
Care business briefing
Browne Jacobson, BKR Care Consultancy & HSBC UK are pleased to invite you to our webinar looking at the regulatory aspects of care, with an update from a Regulatory barrister as well as a Q&A with a panel of experts.
Training
Mental health, capacity and deprivation of liberty case law update
We are pleased to invite you to our next webinar which will focus on updates on serious medical treatment cases and deprivation of liberty.
Legal Update
The Medical Practitioners Assurance Framework: key changes for private providers
The publication of the Medical Practitioners Assurance Framework (“the MPAF”), introduces a strengthened clinical governance framework and a more standardised approach to practising privileges.
Legal Update
Fire safety in care homes – what do you need to know?
The care home environment presents unique challenges and the consequences of getting fire safety wrong can be tragic.
Training
Mental Capacity Act – anticipating loss of capacity
Health lawyer, Chris Stark, provides you with an update on the recent case of United Lincolnshire Hospitals NHS Trust v CD [2019] EWCOP 24.
Training
CQC and health & care regulatory update - June 2019
Carl-May Smith provides an enforcement and prosecutions update including looking at recent prosecutions of Registered Managers.
Legal Update
DOLs are dead and LPS are here!
The Liberty Protection Safeguards legislation has now had Royal Assent (on 16 May 2019). The key questions now are when it will come into force, and how it will look in practice.
Training
Goodbye DoLS and Hello LPS - what you need to know about the Liberty Protection Safeguards
Health lawyer, Ben Troke, provides you with an update on the new system which will replace DoLS.