Healthcare Regulatory

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
• Confidentiality
• 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
• DOLS
• DPA and FOIA (information governance)
• Delayed discharges
• Homicide inquiries
• Inquests
• 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