
Health and social care disputes
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:
- patient disputes - whether they relate to treatment options or a care package, including those which need to be referred for a decision by the courts;
- clinical negligence and medical malpractices claims – the team at Browne Jacobson has unrivalled experience in defending clinicians and their organisations;
- social care claims – our team has enormous technical expertise on all types of claim social care commissioners and providers can face;
- personal injury claims – whether they relate to employers’ or public liability, our team can support you and your insurer to quickly assess claims and determine a clear approach to resolution;
- challenges to decisions - be that one you have made or another organisation has made that adversely impacts on you, including full advice on any challenge by judicial review and other dispute resolution options;
- commercial litigation – covering contract disputes, IP disputes and all other claims arising from commercial agreements, or the lack thereof;
- procurement challenges – whether that be due to a tender you have issued or one you have bid on;
- employment disputes – our nationally recognised team has great experience advising on tribunal claims and difficult doctor cases, as well as how to deal with whistleblowing issues and wider employment disputes, including the approach to strike action;
- property disputes – whether they relate to issues as a tenant or landlord, or wider matters stemming from decisions by the local government on the use of buildings;
- all other types of disputes which you could face.
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.
Featured experience
Judicial review
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.
Internal and public inquiries
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.
Human Rights Act 2000
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.
National NHS body
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].
Key contacts

Gerard Hanratty
Partner

Lorna Hardman
Partner

Rebecca Fitzpatrick
Partner

Jacqui Atkinson
Head of Employment Healthcare

Clare Auty
Partner

Jonathan Tardif
Partner

Sophie Ashcroft
Partner

Paul Kirkpatrick
Partner

Victoria Thourgood
Partner

Giles Parsons
Partner
You may be interested in...
Legal Update
Vicarious liability – don’t overlook the importance of close connection
Online Event
Mock Inquest Training Sessions
Published Article
Supporting employees with mental health issues
Legal Update - Shared Insights
Shared Insights: PSIRF and what it means for Independent Providers
Opinion - Maternity services
Racial disparities in maternity care
Legal Update
Automatic suspension and procurement law
Legal Update
Supreme Court will hear Worcestershire case on local authority responsibility for Section 117 Aftercare in April 2023
Legal Update
HXA and YXA failure to remove cases: Key considerations in anticipation of the Supreme Court judgment
Legal Update
Cauda Equina Syndrome and application of the new GIRFT pathway
Legal Update
UK Government publishes the Online Safety Bill: an overview
Opinion
Junior doctors vote unanimously in favour of strike action
Legal Update
Cyber security and data breaches
Published Article
Digital Twin Technologies: key legal contractual considerations
Guide
Public procurement: key facts and compliance considerations
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
Legal Update
The rising number of cyber-attacks
Legal Update
The continued threat of piracy in Southeast Asian waters
Legal Update - Public matters newsletter
Public matters - January 2023
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
Protecting children and their data in the online environment
Legal Update
LPS consultation and ‘go live’ planning
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
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
Published Article
Local authority duties: Up in the air
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.
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Opinion
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
Opinion - Maternity services
Baby Loss Awareness Week
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.
Legal Update
Let’s be direct – doubly so
Legal Update
The Ukraine War: Aviation and cyber issues
Guide
Highlights from the Health and Care Connect Conference
Legal Update - Shared Insights
Shared Insights: Focus on emergency medicine
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.
Legal Update
Common AI related technology project disputes and how to prevent them
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.
Legal Update
CCGs’ conduct “sufficiently serious” for award of damages in High Court procurement case
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
Legal Update
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 [2022].
Legal Update
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.
Opinion
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).
Legal Update
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.
Legal Update
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.