Social Care

It is vital that those advising healthcare bodies understand how social care provision is governed and provided. Hempsons have this expertise and use it not only to advise healthcare bodies on social care issues, but to advise social care providers, and integrated teams of professionals providing health and social care and support, particularly in the fields of mental health and child protection. Hempsons have a deep understanding of the issues from all sides.

Key Services and Issues

We have recently advised on funding responsibilities of health and social care providers, displacement of a nearest relative pursuant to the Mental Health Act and section 117 responsibilities. The team have also advised a Local Authority in relation to issues concerning a 19 year old who lacks capacity, pursuing welfare proceedings in the Court of Protection. Section 75 agreements are another area where Hempsons has established expertise. We have worked on a number of agreements between PCTs and Local Authorities in relation to the Deprivation of Liberty Safeguards, utilising the expertise of our social care, mental health and commercial teams.

We have particular expertise working for care home and social care providers challenging CQC inspection reports where a report is not a fair description of a service and challenging Local Authorities in relation to the management and scope of safeguarding investigations and infection control audits.

Supporting care homes and domiciliary care providers, we have successfully achieved a review and increase in care home fees where a Local Authority failed to properly assess a fair price for care and sought to adopt a similar approach for domiciliary care provides. Read more here.

Our commercial contracting, procurement, dispute resolution, employment and regulatory expertise  come together to deliver a full package of support to social care providers, ranging from interviews under caution for alleged mismanagement of clients monies, to allegations of defamation against local authority staff who were alleged to be discouraging service users from utilising a particular provider agency.

We have assisted in the set up of provider forum organisations to bring providers together, provided training on fundamental standards of care and the duty of candour, addressed zero hours contracts and disciplinary matters with staff. We provide proactive guidance and support to providers, most recently in engaging with the proposed national living wage.

We support social care providers with information governance issues, represent providers at Inquests and manage contractual negotiations and disputes. Our real estate team support providers with a full range of estate management support from sale and purchase of a care home to leases of independent living properties.

Whatever support a social care provider needs, we have a team who can deliver.


Key Contacts

Picture of Adam Hartrick

Adam Hartrick

Partner, Harrogate
Mental Health, Healthcare Litigation, Healthcare Advisory, Clinical Negligence
01423 724014
Picture of Nadya Wolferstan

Nadya Wolferstan

Partner, London
Mental Health, Healthcare Litigation
020 7484 7523
Picture of Philippa Doyle

Philippa Doyle

Associate, Newcastle, Harrogate
Healthcare Advisory
01423 724028