Despite the best endeavours of those working in the health and social care sectors disputes often arise, meaning legal support and advice is needed. Browne Jacobson are renowned for taking a pragmatic approach to resolving disputes, looking at what is the right outcome for the client and their objectives in taking a particular approach to resolution. We understand that your staff want to get on with treating and looking after their patients and clients rather than being involved in disputes with them. Equally, on a commercial basis, we understand the need to have good relationships with other organisations, but that you must act at times to protect your organisation. Browne Jacobson’s lawyers are all skilled in dispute resolution and looking at the issue from all angles so you have a holistic overview on solutions and can determine the right option for your organisation, as we accept some disputes can have much wider ramifications than the immediate problem.
Our expertise covers matters such as:
Our pragmatic approach, taking into account your objectives and financial position, enables us to provide an effective and cost-efficient approach to advising you on all manner of disputes.
We successfully defended a challenge to the National Framework for CHC, recovering costs for NHS England. On behalf of an independent sector client, we successfully challenged the policy of CQC on the threshold test for disclosure of information and have dealt with numerous Letters Before Claim over treatment and drug issues, including on the policies over transgender services.
We are acting on the Manchester Arena Inquiry for NHS England, and the Covid Inquiry for the Welsh Government. We regularly support NHS clients on internal investigations ranging from patient issues to Freedom to Speak Up complaints. We currently support an FT on the independent inquiry into mental health patient deaths in Essex.
HRA issues regularly arise in judicial review and our work also includes representing NHS England in an Article 2 inquiry and advising numerous national bodies on their obligations to those seeking gender reassignment services.
Successful defending client from a judicial review over the application of the national framework for CHC - R (Mathias) v DHSC and NHS Commissioning Board [2021].
In ‘failure to remove’ claims, the claimant alleges abuse in the family home and asserts that the local authority should have known about the abuse and/or that they should have removed the claimant from the family home and into care earlier.
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
On Saturday 15 October a wave of light swept the internet when thousands of people flooded social media with pictures of candles to remember the babies that they have lost. This event signifies the end of Baby Loss Awareness Week which aims to break the silence that is associated with baby loss in pregnancy and infancy.
In our latest Shared Insights session, Focus on Emergency Medicine, chaired by Jennifer Fagin and Amelia Newbold, we were pleased to be joined by: Dr Alex Crowe, Deputy Director Incentive Schemes & Academic Partnerships, NHS Resolution and Consultant Nephrologist and Miss Susie Hewitt MBE, Consultant in Emergency Medicine, University Hospitals of Derby and Burton NHS Foundation Trust.
The increased use of artificial intelligence (AI) is revolutionising the way businesses operate and is having a disruptive impact in sectors that have traditionally been slow to modernise.
This case provides a reminder to contracting authorities that whilst the bar for an award of damages in procurement cases is high, following the Supreme Court ruling in Energy Solutions EU Ltd v Nuclear Decommissioning Authority [2017] 1 WLR 1373, it is not insurmountable when a contracting authority has acted with disregard to the Public Contracts Regulations 2015 (PCRs). There is also further guidance as to the use of frameworks
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 [2022].
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.
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).
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 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.
This on-demand webinar is suitable for legal and procurement specialists operating within publicly funded contracting authorities.
The Liberty Protection Safeguards (LPS) were introduced in the Mental Capacity (Amendment) Act 2019 and will replace the Deprivation of Liberty Safeguards (DoLS) system. The LPS framework aims to deliver improved outcomes for people who are or who need to be deprived of their liberty.
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.
According to a report published by the Financial Reporting Council in April, modern slavery generates an estimated US$150 billion annually and encompasses 40 million people in slavery globally.
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.
In this session, our speakers discussed the final Ockenden report, the Midwifery Perspective, the Board Perspective, and the Wider national initiatives - Monitoring May.
The Royal College of Psychiatrists has produced updated guidance to help frontline staff and clinicians identify and treat patients with eating disorders before the illness becomes a medical emergency.
Every year a high number of patients attend Emergency Departments (EDs) in England, often presenting with complex and wide-ranging symptoms. Many of these challenges were explored in the Getting It Right First Time Emergency Medicine Report, published in 2021.
Following on from the first webinar in the Liberty Protection Safeguards (“LPS”) series delivered by Mark Barnett and Chris Stark, the key points below from the webinar are summarised below.
The data protection legislation (namely, the UK GDPR and Data Protection Act 2018) contain various provisions that deal with the processing of personal data for research purposes.
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.
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.
This webinar looks at the three key themes in the decision, and is aimed at sports & social clubs (including safeguarding officers).
The long-awaited draft Mental Capacity Act Code of Practice, including the Liberty Protection Safeguards (“LPS”), has landed.
