Health and social care providers across both the NHS and independent sector need to deliver services in an increasingly complex landscape of scrutiny by commissioners, regulators and service users. For commissioners, decisions about how and where services should be configured, and how to engage with the public in those decisions, carries new challenges around integration requirements, as well as greater perceived freedom of choice. Fundamentally any such services need to be safe, whilst also adhering to an array of regulations – both in terms of quality of care and financial viability – in order to protect and promote good care, alongside organisational reputation, within an increasingly competitive environment.
At the heart of any effective delivery of health or social care that can withstand the unrelenting pressures of risk, regulatory compliance and reputational damage, lies a well-planned, robust and sustainable clinical governance and quality agenda. Unleashing potential in any organisation through true understanding of what good governance and regulatory compliance can achieve, and helping ensure organisations learn from the more challenging incidents and issues that arise, whether from Board to ward, is a major part of any organisation's success.
What we do
We deliver advice to the broadest range of health and social care providers and commissioners nationally and internationally (for inward investors into the UK). Our advice ranges from issues such as emergency applications to the Court of Protection, CQC compliance, mental health and service redesign through to regulatory due diligence within M&As.
We provide strategic regulatory advice at Board level, providing wise counsel to the leaders of health and social care commissioners and providers, often at the most challenging of times. We are uniquely placed to consider the interface between FTs/NHS Trusts, independent sector providers, regulators, commissioners, public perception and reputational risk.
What we are known for
DAC Beachcroft is widely recognised as the leading strategic, commercial and regulatory legal adviser to the health and social care sector in the UK. Our Healthcare Regulatory team is made up of more than 40 specialist advisers to the health and social care sector across a broad range of healthcare issues. Whether an out-of-hours emergency, or months of strategic planning to reconfigure services, our team is highly recommended for providing practical, strategic advice that cuts through the legal complexities and delivers calm at times of severe pressure on individuals and organisations. We also work closely with our wider health sector offering across all aspects of healthcare businesses, including our Governance Advisory Practice, our clinical risk colleagues, employment and commercial specialists. The breadth of experience in the team ensures there are few situations we have not encountered, and we bring this experience and wide sector knowledge to all advice, to the benefit of our clients.
We combine innovation with a practical approach to enable our clients to achieve sustainable improvements in patient care, meeting the challenges of 21st century health and social care.
Detailed elements of our services
- Asylum seeker healthcare
- Children Act issues
- Claims and risk management
- Clinical and corporate governance
- Complaints advice
- Consent to treatment cases
- Continuing healthcare
- Corporate manslaughter
- Court of Protection and withdrawal of treatment
- CQC registration, compliance and reports, including challenges
- Criminal prosecutions arising from health and social care
- DPA and FOIA (information governance)
- Delayed discharges
- Homicide inquiries
- Judicial review
- Mental Capacity Act/MHA
- Monitor licensing
- Professional disciplinary matters
- Public inquiries
- Reconfiguration of health services
- Regulatory due diligence
- Safeguarding (adult and children)
- Serious Case Reviews
- Serious untoward incidents
- Welfare applications
What our clients say
Legal Adviser of the Year - Private Transactional
Health Investor Awards 2015
"Fantastic health practice." Chambers and Partners UK 2016 Edition, Healthcare, UK Wide
"Excellent and responsive service all round." Chambers and Partners UK 2016 Edition, Healthcare: Mental Health, UK Wide
"They have a good skill set and a wide range of experience. We are very pleased with the services provided." Chambers and Partners UK 2015 Edition, Healthcare, UK Wide
Health Adviser Training Series
Events and online training for the health and social care sector.
For all the latest legal and regulatory news and comment in health technology
The Complete Guide to Integrated Healthcare
This collection contains DAC B eachcroft's latest report, The Route to Integrated Healthcare , which provides the first practical examples of how to deliver the NHS Five Year Forward View; looking at best practice examples to progress the…
This collection looks at the latest news, comment and development on the law affecting mental health services. The law affecting mental health services is constantly changing and has been a focus for regulators and legal challenges. Maintaining…
For all the latest news and comment in clinical negligence healthcare law
Health corporate regulatory
For all the latest news and comment in corporate regulatory healthcare law
For all the latest news and comment in clinical regulatory healthcare law
Health and social care integration
For all the latest legal and regulatory news and comment in health and social care integration
This collection looks at the latest strategic, commercial, regulatory and negligence legal and advisory news and comment in health and social care. Health Adviser is an industry publication, produced by DAC Beachcroft, providing insight, foresight…
Publication of MCP policy documents and draft contracts
NHS England has now published a number of policy documents in relation to the Multi-Specialty Community Provider new care model, as envisaged in the…
How the NHS investigates patient deaths: What next?
Summary The CQC's recent review of how NHS Trusts investigate patient deaths - 'Learning, candour and accountability' - finds what many already…
Professional Disciplinary Update: No 'Middle Way' Between 12 Month Suspension and Removal
Summary It is not often that professional disciplinary matters reach the UK Supreme Court, but the case of Habib Khan v General Pharmaceutical…
Section 117 Aftercare – Case update on impact of alternative funding sources
Section 117 of the Mental Health Act 1983 (MHA) sets out the legal duties on Local Authorities and CCGs to provide aftercare to certain detained…
Healthcare Safety Investigations - 'Safe Space' Consultation
Summary A Department of Health consultation is currently underway on possible changes to the law to create a 'safe space' in relation to NHS…
A guide to: General Data Protection Regulation in Health and Social Care
This General Data Protection Regulation manual is designed to be your guide to the GDPR in health.
New Form for Community DoL Applications
The Court of Protection is introducing a new form for Community Deprivation of Liberty applications as of 1 December 2016.
How to avoid the pitfalls of specialist court report writing
The New Zealand Law Society recently reported that psychologists are turning away from Family Court work because of the high cost and rate of…
A guide to data protection in healthcare
DAC Beachcroft Associate Eleanor Tunnicliffe considers the information governance issues when implementing integrated healthcare models.
A guide to regulators in in healthcare
DAC Beachcroft Partner Corinne Slingo examines how the Care Quality Commission will inspect and regulate integrated healthcare services.
A guide to NHS Improvement and risk management in healthcare
DAC Beachcroft Partner Anne Crofts discusses the role of NHS Improvement and risk management in driving integration.
Striking the balance
Helen Vernon, chief executive of the NHS Litigation Authority, tells Adrian O’Dowd of her work to make the organisation more transparent,…
Leading by example
Workforce reforms feature heavily in Lord Carter of Coles’ recent hospital efficiency recommendations, and the NHS is facing huge pressure to reduce…
Professional Regulation Update: High Court Enforcement of Time Limits
The High Court in London has held that the time limits imposed by the Medical Act 1983 ("The Act") for appeals to the High Court should be strictly…
NHS England's PACS Guidance: Bridging the gap between primary and secondary care
NHS England's "Integrated Primary and Acute Care Systems (PACS) – Describing the care model and the business model" (the PACS Guidance) brings…
Workforce reforms will drive NHS efficiency targets
The NHS is facing huge pressure to reduce spending, so what are the options when it comes to achieving a more streamlined workforce?
Bolstering cyber security in the NHS
Recognising potential cyber threats and implementing the necessary protection is crucial for preventing attacks on the health service.
Health Adviser Issue 15
Health Adviser is an industry publication, produced by DAC Beachcroft, providing insight, foresight and thought-provoking features and articles that…
Junior doctors fail to halt new contract imposition
On 6 July 2016, following the rejection by junior doctors of the new contract negotiated between NHS Employers and the BMA, Jeremy Hunt announced to…
CQC Inspection Reports - A New Layer of Review
A recent case relating to the factual accuracy of CQC inspection reports - R (on the application of SSP Health Ltd) v Care Quality Commission - will…
Carter 2016: Generating efficiency savings using managed service contracts
The Carter Report, published in February 2016, was emphatic in its requirement for Trusts to achieve efficiency savings and consistency…
NHS England's MCP framework – an insight into the future for MCPs
NHS England has published "The Multispecialty Community Provider (MCP) emerging care model and contract framework" (the Framework), which brings…
General Practice – Health Check - Spring Edition
Following our first edition and feedback from you, we are continuing the theme of providing bite size information on the topical issues that faces…
The Junior Doctors Contract: Managing the equality impact
Within the last few days, employers of junior doctors across the NHS have received letters from Capital Law, acting on behalf of the BMA in its legal…
Section 117 Aftercare – The Changes At A Glance
Section 117 of the Mental Health Act 1983 (MHA) sets out the legal obligation on relevant Local Authorities and CCGs to provide aftercare to certain…
Court of Protection Case Management and Section 49 Reports Pilots – Practical Impact
From 1 September 2016 onwards, Court of Protection cases (excluding serious medical treatment, deprivation of liberty and uncontested applications)…
Training - Deprivation of Liberty and under 18s
The law in relation to deprivation of liberty has developed rapidly…
Is Pharmacy Fitness to Practice fit for purpose?
This is the second in a series of three articles which will examine the process by which the PSI supervises pharmacies, pharmacists and their…
Covert Medication – Guidance from the Court of Protection
A recent Court of Protection case (AG) provides guidance on the use of covert medication for people who lack capacity and are deprived of their…
Brexit: the implications for the health sector
The UK has voted to leave the European Union. This briefing summarises the likely implications for the health sector in the UK.
New Models of Care: Navigating the procurement landscape
Procurement in the context of New Models of Care is getting a great deal of airtime at the moment…
Challenging Hospital Managers' Panel Decisions
We look at the impact of a recent case which clarifies the options open to Trusts where there is concern about a Hospital Managers' Panel decision to…
Greater integration between NHS providers challenges EU public procurement rules
With new European Union regulations on procurement coming into effect this April for commissioners of health services for the NHS, Anne Gulland looks…
NHS CEO Paul Mears on generating a new model of care in South Somerset
Acclaimed CEO Paul Mears tells Radhika Holmström how working on a small canvas at Yeovil District Hospital has enabled him to develop a Vanguard…
Why the health sector must embrace the enormous potential of IT
Technology is gaining a strong foothold in healthcare and new pilot schemes will test how it can further improve care and help the NHS cope with…
Health Adviser Issue 14
Health Adviser is an industry publication, produced by DAC Beachcroft, providing insight, foresight and thought-provoking features and articles that…
Law Commission publishes Interim Statement on Reforming the Deprivation of Liberty Safeguards
The Law Commission has published an Interim Statement setting out its current thinking on reform of the Deprivation of Liberty Safeguards (DoLS)…
What do opinion formers want from new health watchdog NHS Improvement?
Over the next few months, NHS Improvement’s new Chief Executive, former Northumbria Healthcare Foundation Trust boss Jim Mackey, will set out how the…
The Foundation Trust Code of Governance: What’s new? - January 2014
Monitor has published a revised Code of Governance to reflect the 2012 Act and changes in corporate governance generally (the Code)…
Proposed changes to the NHS Pension Scheme including greater access for independent providers - January 2014
Following on from the implementation of new Fair Deal in October 2013, the Department of Health has published draft Regulations which propose…
Monitor's Substantive Guidance on the Procurement, Patient Choice and Competition (No.2) Regulations 2013 - January 2014
The Procurement, Patient Choice and Competition Regulations (No…
Essential SHE toolkit from DAC Beachcroft
Yesterday we held our our inaugural safety, health and environment conference…
SHE Alert: New guideline for sentencing environmental offences
The Sentencing Council has issued a new mandatory guideline which will apply to all environmental offences that are sentenced on or after 1 July…
NHS Pension Scheme Regulations' changes and New Fair Deal guidance relating to the NHS Pension Scheme
Two documents have recently been published by the Department of Health in relation to the NHS Pension Scheme ("NHSPS"). These are:
Health and social care implementation of Mental Capacity Act and Deprivation of Liberty Safeguards criticised by House of Lords committee
A House of Lords committee tasked with scrutinising the impact of the MCA has produced a report which is extremely critical of health and social care…
Budget Alert - 2014
Welcome to DAC Beachcroft's Budget 2014 Alert.
The Dalton Review: Change is not optional
The pressure on NHS providers to improve performance whilst also embracing rapid transformative change shows no sign of abating.
Fit and Proper Person Test
Following on from the Francis Report, the CQC have launched the new Fundamental Standards through which they will regulate all health and social care…
Health adviser alert
The High Court considered the application of Maintaining High Professional Standards (MHPS) in this case, and has this morning made important…
Health and social care integration report: Pooled budgets, conclusions
The idea of pooled budgets, which can help drive integration by bringing a broader strategic view and centralised management structures, is becoming…
Health and social care integration report: Engaging stakeholders
Early engagement with patients, carers or service users when redesigning services is seen as essential…
Health and social care integration report: Mergers and acquisitions
The vast majority of survey respondents and interviewees believe that mergers and acquisitions (M&As) are not the only way to drive integration…
Health and social care integration: A DAC Beachcroft analysis
NHS England’s Chief Executive Simon Stevens’s recent NHS Five Year Forward View has provided further ammunition in the battle to drive closer…
Special Focus on Health: The New Regulations Series #8
In this briefing we look at the impact of the Public Contracts Regulations 2015 (the new Regulations) on the procurement of healthcare services and…
Updated Pre-action Protocol for the resolution of clinical disputes
We understand that the Master of the Rolls has formally signed off an updated version of the Protocol that has come into immediate effect.
Location location location: Can you specify one in a procurement?
A recent Advocate General's opinion has cast doubt on a body's ability to require delivery in a certain location.