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“Sleep-ins” – a bad dream?

Sleep-ins have become a difficult and worrying problem for many social care providers in recent years. It is an issue live in current politics and one which is subject to regulatory intervention and litigation.

10 legal issues arising from COVID-19 for private practitioners

Every sector of the economy in the UK and abroad is facing unprecedented challenges arising out of the current Covid-19 pandemic; the private healthcare sector is no exception. We have considered some of the legal issues that you may be facing in the current climate and how you might be able to respond to them. 

24 hour NHS retirement – piece of cake, right?

Afraid not! The process for 24 hour retirement from your NHS contract can be complex and will take quite some time. Faisal Dhalla, a partner in the specialist commercial dental team at Hempsons shares his tips and advice for ensuring your 24 hour retirement goes smoothly.

6-month custodial sentence for exaggerated medical negligence damages claim

The case of Calderdale and Huddersfield NHS Foundation Trust v Linda Metcalf highlights the very serious consequences of dishonest and exaggerated claims against the NHS.

A gentler attitude to gripes in pandemic

How will the GMC deal with complaints about your practice during the pandemic? Solicitor and doctor Tania Francis examines the latest guidance.

A new approach to capital funding and project delivery

A new approach to capital funding and project delivery

A non-binary approach is required

A recent Employment Tribunal claim has shed light on the extent of the protection offered by the gender reassignment provisions in the Equality Act. This article looks at some of the failings of the employer in that case and highlights some of the things that your Practice may need to be thinking about when it comes to diversity and inclusion.

A partnership dispute will never happen to us… will it?

Justin Cumberlege, a partner in the healthcare law firm Hempsons, specialises in advising GPs. Here he considers partnership disputes and how to avoid them.

A summary of the Dr Bawa-Garba case – and what this may mean for trusts

A summary of the Dr Bawa-Garba case - and what this may mean for trusts

Academies update

With a new academic year starting, Academies will need to be familiar with the requirements of the Academies Financial Handbook 2019. Published in June and taking effect on 1st September 2019, here are the key changes for Academies to be aware of.

Academy trust articles of association – top ten tips

Helen Hirst shares her experience of advising academies on governance matters by providing her top ten questions for academy trusts to consider when reviewing their Articles.

Accommodation claims – where do we stand after Swift v Carpenter?

On 9 October 2020 the Court of Appeal handed down Judgment in Swift v Carpenter [2020] EWCA Civ 1295. This article sets out the decision in Swift and considers where we are now.

Accountable care – the art of the possible

The NHS continues to develop plans for population-based integrated health systems. ‘A seven step guide to accountable care’ which we co-produced with NHS Providers earlier this year addressed  in brief how NHS organisations might respond to proposals for...

Administration after incorporation

Kirsty Odell, Associate and Georgina Hall, Paralegal at specialist healthcare law firm Hempsons explain what you need to do once you have incorporated a company.

An employee can TUPE transfer to multiple employers

Employees really can be in two places at once (or at least TUPE transfer to two employers). See our review of ISS Facility Services v Govaerts in the European Court of Justice, overturning UK caselaw.

An introduction to s.21A Mental Capacity Act 2005 challenges

Rachael Hawkin discusses Court of Protection proceedings s.21A Mental Capacity Act 2005 challenges

Are GPs eligible for the new job retention scheme?

Updated government guidance released at the end of last week indicates that GP practices may not be eligible for the new job retention scheme. Read more here..

Are probationary periods working for you?

Do you use probationary periods for new employees? Are you confident you’re using them correctly and getting the most out of them? Julia Gray comments on their use and highlights common mistakes made by employers.

Are you conflicted?

Some GPs and practice managers have taken on one or more different roles in organisations outside the practice, such as being on the Board of a clinical commissioning group, or federation, and now there is the primary care network (PCN).

Are you licensed for your COVID Vacs sites?

Finding appropriate venues to give the COVID-19 vaccinations has resulted in some creative thinking as to places where this can be done. 

Are you prepared for new CQC inspections?

Social care partner Philippa Doyle explains how to get the best outcome from CQC's new monitoring phone calls.

Are you protected, communicating and networking?

Kirsty Odell, Senior Solicitor in the corporate health care team of law firm Hempsons, points the way to develop your Primary Care Network.

Are you ready for employment claims?

Anyone who has been involved in litigation understands that it can be stressful, time-consuming and expensive, even if you have a good case. Julia Gray discusses three ways to put yourself in the best possible position to defend an employment tribunal claim.

Are you ready for your CQC IPC Inspection?

Are you ready for your CQC IPC Inspection? Infection Prevention and Control (IPC) has always been an important part of delivering a Regulated Activity in any health and social care setting, but the advent of COVID-19 has brought IPC to the forefront of every provider’s mind.

Are your dentists really self-employed?

The issue of the self-employed status of associate dentists is also very much a hot topic at the moment – in particular, with a review HMRC has been conducting in recent times and the Employment Tribunal case of Mr A Lynn v. Damira Dental Studios Ltd.

Avoiding a war on two fronts

Every provider is familiar with the necessary interaction and inspection programme of the CQC. This article focusses on that relationship when another body is added into the mix, such as a placing authority.

Bawa-Garba: the gross negligence manslaughter story latest

A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?

Being Paid to Sleep? Royal Mencap Society v Tomlinson-Blake

In Royal Mencap Society v Tomlinson-Blake the Court of Appeal has determined that workers who “sleep in” at their workplace are not entitled to receive national minimum wage for periods when they are asleep. This is because time spent asleep in this way is properly characterised as time when an employee is ‘available for work’ rather than time when they are actually working.

Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick

On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.

Best Practice | 9-10 October 2019

Hempsons attended the Best Practice show on the 9th and 10th October 2019.

Beware of becoming a cartel

In the wake of Spire’s £1.2m fine by the Competition and Markets Authority, Michael Rourke draws attention to the competition law implications for independent practitioners.

Big Data, Health Data

How to unlock the potential of health data within a compliant information governance framework.

Brightening Minds

Brightening Minds partners with Hempsons to support the adult social sector to improve CQC ratings Feel in control of your next CQC inspection with tips, suggestions and support from experienced practicebased workshop facilitators and other working colleagues in the adult care sector.

Building a fortress – how robust record keeping can protect you against GDC complaints

The GDC’s 2017 Annual Report states that the GDC received 1910 complaints in 2017, which is a marked decrease from 2016 (2630 complaints) and 2015 (2786 complaints). This is a positive trend, although it is not yet known whether it has continued into 2018.

Calling off frameworks – a cautionary tale for contracting authorities

The High Court has recently handed down judgment in the case of Consultant Connect Limited v NHS Bath and North East Somerset, Swindon and Wiltshire Integrated Care Board, NHS Gloucestershire Integrated Care Board, NHS Bristol, North Somerset and South Gloucestershire Integrated Care Board [2022] EWHC 2037 (TCC).

Can a disability account for bad behaviour?

A recent Employment Tribunal decision serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition, employers should be cautious of departing from medical opinion.

Can a disability account for bad behaviour?

The recent Employment Tribunal decision of Wheeley v University Hospitals Birmingham NHS Foundation Trust serves as a timely reminder that where conduct issues are said to arise from an underlying mental health condition employers should be cautious of departing from medical opinion.

Can a parent be displaced from Court of Protection proceedings involving their child?

In an unprecedented decision a Judge in the Court of Protection proceedings P (Discharge of Party), Re, has discharged the mother of the person who is the subject of these proceedings.

Care package retenders: TUPE or not to TUPE?

The Employment Appeal Tribunal examined the transfer of care of an individual (CE) between two service providers to determine whether his carers TUPE transferred. They did not - they were found not to be part of a team whose “principal purpose” was CE’s care. What steps should you be taking in advance of potential transfers?

Case Law Update: abandoning a procurement fails to dispose of challenge

The recent judgment in the case of Amey Highways Limited and West Sussex County Council [2019] EWHC 1291 (TCC) deals in detail with the implications of abandonment and the effect of an abandonment decision on an existing claim. The Council had undertaken a competitive dialogue process to select a provider of highways maintenance services. Amey were unsuccessful in that competition by a difference in score of 0.03% against the winning bidder, Ringway.

Changes to the National Minimum and Living Wage – What are the benefits and consequences?

The National Living Wage was introduced in April 2016, which in effect created a higher minimum wage of £7.20 per hour for workers aged 25 and older. A year on, following further increases to the National Living and Minimum Wages in April 2017, what difference has this increase made to employers and employees?

Charities and Social Enterprise Newsbrief: Autumn/Winter 2017 edition now available

Welcome to the Autumn/Winter 2017 edition of Hempsons Charities and Social Enterprise newsbrief

Charities and Social Enterprise Newsbrief: Summer 2017 edition now available

Welcome to the Summer 2017 edition of Hempsons’ Charities and Social Enterprise newsbrief

Charity Commission 5 minute guides

The Charity Commission has recently published 5 new 5 minute guides that trustees and charity operational staff may find a useful reminder of the basic principles for running a charity

Charity Commission guidance for Charities regarding COVID-19

The Charity Commission has published guidance for the charity sector in respect of difficulties they may be facing due to the Coronavirus (COVID-19) pandemic. For some charities, this may be an increase in demand for others a stark financial picture.

Charity Commission updates its guidance on reporting serious incidents

In the past six months the Charity Commission has launched or concluded a number of statutory inquiries where a charity has failed to report a serious incident. Then in September it updated its guidance on when and how to report a serious incident.

Checked your Covid-19 Collaboration Agreement?

With the roll out of the Covid-19 vaccination programme by general practice starting next week, practices need to agree the terms on which they will collaborate to deliver the programme in accordance with the vaccination enhanced service specification

Choosing a brand

We all know the key role your brand plays in building awareness of your charity with its beneficiaries and in driving engagement with donors, but how do you maximise and protect its value?

Civil Society Strategy

The Government published its Civil Society Strategy on 9th August 2018. The focus is on community, an ‘even bigger’ society, and creating ‘social value’ – something that the Government states as being independent of state control.

Client service uncovered: Hempsons ranked in Legalease’s survey

Hempsons is listed amongst the top 10 London firms in the survey.

Client spotlight: Lister House Limited

In this issue we are turning the spotlight on Lister House Limited, a care home provider on the outskirts of Bradford, owned by Sally Allen. The company aims to provide quality care for both elderly people and younger residents.

Client spotlight: The Skill Mill extends its successful programme for youth offenders

Hempsons Partner, Crispin Pettifer, has advised The Skill Mill on an exciting project to extend the programme they deliver to more vulnerable young people.

Client Spotlight: Wilf Ward Family Trust – Creating a culture of excellence

The Wilf Ward Family Trust provides supported living accommodation and residential care services for people with learning disabilities across the Yorkshire and Humber region.

Clinical Director – How well do you understand your role?

If you are a Clinical Director, have you considered getting some training? Hempsons has developed a Clinical Directors Masterclass. 

Clinical negligence scheme for general practice – are you covered?

NHS Resolution has published a summary of the activities and roles which are covered by the clinical negligence scheme for general practice (“scheme”).

Clinical negligence: duty and breach

This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider:

Code for leasing business premises 2020 – a tool for your toolbox

The Royal Institution of Chartered Surveyors recently published an updated Code for Leasing Business Premises, effective from 1 September 2020, which independent practitioners will need to be aware of when negotiating leases whether as a landlord or as a tenant.

Coming together under pressure: Network DES 2020

Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some key points in the new Primary Care Network direct enhanced services contract

Commercial secrets and the public sector

Many commercial contracts have provisions on confidentiality. Many contracts include them as a matter of course, as they have become standard “boilerplates”

Considerations when taking on a new GP partner

Justin Cumberlege, a partner in the healthcare law firm Hempsons, highlights some considerations when taking on a new GP partner.

Consultant’s collaborative working arrangements

It is quite common for consultants to join together and work more collaboratively. This can ease the burden of working alone and being solely responsible for all costs and expenses. Working together can alleviate some of that pressure and assist in moving a business forward. 

Contempt of Court for grossly exaggerated claim against NHS Trust

Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT have succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS. The Court has issued an Order confirming that Mr Atwal will be sentenced on 01.06.18.

Contract changes for 2021/22 announced

NHS England issued a letter on 21 January 2021 summarising changes to the GMS contract for 2021/2022. Ongoing uncertainty arising from the pandemic means that there will need to be further changes to the contract in the course of the year.

Coronavirus update for our clients – updated 13 March 2020

As news of the coronavirus continues to dominate headlines, at Hempsons we are taking all necessary steps to ensure that we continue to provide the high level of service you have come to expect from us.

Court of Protection guidance: When not to go to Court and how to when you do

The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.

Covid-19 – legal issues for GP practices

There is no sector that has been unaffected by Covid-19, but general practice has faced its own unique challenges. In this article, Alison Oliver examines some of the legal issues that have arisen for practices during the Covid-19 pandemic and highlights some key points for practices to consider.

Covid-19 and annual leave

Can we cancel booked annual leave? Can we make staff carry forward annual leave into the next leave year? Can we force staff to take holiday?

Covid-19 employment law implications for your practice

We can help you with legal issues impacting your practice as a result of Covid-19 or the practice generally. Click here for details.

Covid-19 Inquiry: Module 6 (Care Sector) opens

Module 6 opened on 12 December 2023 and will investigate the impact of the pandemic on the publicly and privately funded adult social care sector in England, Scotland, Wales and Northern Ireland.

COVID-19 public inquiry – Rt Hon Baroness Heather Hallett appointed as Chair

On 15 December the Prime Minister appointed the Rt Hon Baroness Heather Hallett DBE as Chair of the forthcoming public inquiry into the Covid-19 pandemic.

Covid-19 Vaccination – Best Interests & Medical Treatment – Re CR [2021] EWCOP19

In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.

Covid-19 Vaccine Deployment and the importance of Consent

With several potential vaccines for COVID-19 in development, the positive news concerning those in development has been welcome following the second national lockdown.

Covid-19, the employer and the self-isolating member of staff

We know that if we have Covid-19, we need to protect those around us. Whilst that is essential and mandatory, so too is self-isolation for those who have been in close contact with someone who has Covid-19; but what should workers and their employers do?

Covid-19: Key legal considerations arising from the pandemic

Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.

Covid-19: The impact on the dental market

We are in unprecedented and challenging times with advice and guidance being issued and updated on a daily basis. What is the impact of Covid-19 on dental practices? Faisal Dhalla and Kirsty Odell outline some of the key issues for dental practices here:

Covid-19: The impact on the dental market – update 2

We are in unprecedented and challenging times at the moment and you are no doubt all anxious about the impact that Covid-19 will have on dental practices. Here is our 2nd dental update

COVID-19: The impact on the dental market – update 3

Hempsons' third update on the impact COVID-19 is having on the dental market

COVID-19: the impact on the dental market – update 4

Hempsons' summary and brief analysis of the latest guidance for NHS dental practices which was issued by NHS England on 13th July 2020.

CPS Review Confirms Collapse of 47 Sex Cases Following Disclosure Issues

The Director of Public Prosecutions (DPP), Alison Saunders, has issued an apology after a review of 3,637 rape and serious sexual assault cases revealed 47 instances where prosecutions collapsed after vital evidence was not disclosed to the Defence.

CQC – staff training for care staff

As a Registered Manager of a regulated activity, you have a personal responsibility to ensure your service operates in accordance with the Fundamental Standards as set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

CQC – who regulates the regulator?

CQC – who regulates the regulator? It was disappointing to read in the press that the CQC has found that dozens of its reports are flawed.

CQC Complaints

They may be your regulator, but that doesn’t stop you complaining about their conduct. The CQC and its inspectors should treat you, your staff and your clients with courtesy and respect. If they don’t – complain! Send an email to complaints@cqc.org.uk.

CQC Key lines of enquiry

Key Lines of enquiry, prompts and ratings characteristics for adult social care services

CQC Notifications and how to challenge a fixed penalty notice

All providers are used to making safeguarding referrals to their Local Authority, but do you always make a referral to the CQC too?

CQC to step up GP practice inspections from April

The CQC will step up inspections of GP practices from April, targeting practices rated 'inadequate', 'requires improvement' or 'good' with breaches of regulation - and some with no breaches.

CQC’s changing regulatory framework: key dates for your diary

CQC announced on Monday how and when providers can expect to access their new portal, and when the new inspection regime will come into force.

Crackdown on modern slavery risks in NHS procurement

Public Bodies and relevant authorities across England will soon face new legal duties aimed at eliminating modern slavery and human trafficking risks from NHS supply chains.

Custodial sentence for exaggerated claim against the NHS

Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court.  She has also been ordered to pay the Trust’s costs of the proceedings.  Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21. 

Data protection – getting it right

Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.

Data protection – your obligations as a practice owner

If you handle and process personal information about individuals, you have a legal obligation under the Data Protection Act 1998 (“the Act”) to protect that information.

Day v Lewisham & Greenwich NHS Trust & Health Education England (2017)

The Court of Appeal has decided that Health Education England may yet be liable for whistleblowing claims brought by junior doctors, in the high profile case of Day v Lewisham & Greenwich NHS Trust & Health Education England (2017).

Death notifications in care homes – be prepared

CQC have confirmed 21st July 2021 as the date when they will release data showing notifications received from individual care homes relating to deaths of people with Covid-19 between 10 April 2020 and 31 March 2021.

Declaration of Trust: A useful tool for the modern practice

Lisa Davison, Real Estate Partner, explains why a Declaration of Trust is vital to protect your GP surgery.

Defendant obtains Summary Judgment in Clinical Negligence Claim: Hewes v West Hertfordshire Hospitals NHS Trust & Ors...

In Hewes the Third Defendant (GP) was able to obtain Summary Judgment against the Claimant who had suffered with Cauda Equina Syndrome.

Delay to the new SQ until 1 June 2023

We published an update on 13 March 2023 to highlight the publication of the new Standard Selection Questionnaire within PPN 03/23.  This new version was stated to need to be used from 1 April 2023.

Dementia, Care & Nursing Home Expo – we’d love to see you

We are delighted to announce that we will be exhibiting at the Dementia, Care & Nursing Home Expo, on 15/16 September 2021 at Birmingham’s NEC. We invite you to join us for two days filled with business-defining content, training, and exhibitor demonstrations.

Dental regulation in the shadow of COVID-19

Stephen Hooper assesses the latest regulations to explain what is expected of the dental team during the coronavirus pandemic.

Digital Newsbrief: Summer 2020

Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.

Digital transformation – are you prepared?

The Global Digital Exemplar programme was borne out of the recognised need for digital transformation to be undertaken by the UK’s heath system to ensure its future sustainability and maintain its ability to deliver high standards of care.

Digital transformation – are you prepared?

Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...

Discrimination claims when recruiting

Jon Pearce from specialist healthcare law firm Hempsons warns of inadvertent discrimination when recruiting which could result in a claim

Do you know what contracts you are entering into?

Kirsty Odell, senior solicitor in the corporate healthcare team of law firm Hempsons, looks at potential liability for practices entering contractual arrangements.

Do you want to change or leave your PCN? Have you reviewed the 2021-2022 Network Specification?

If you are thinking of changing PCNs, leaving your PCN or opting out of the Network Contract DES, you must inform your CCG by 30th April at the latest. 

Does anything change in terms of your procurement law obligations on 1 January 2021?

As we all know, the transition period is currently due to expire at 11pm on 31 December 2020. There may be further developments between now and then, but as matters stand, what will the procurement law regulations require as of 1 January 2021?

Does Bărbulescu v Romania prevent employers from ever monitoring private emails sent at work?

A recent European Court of Human Rights decision has caused confusion about whether employers can access private messages sent by their employees. In this blog we explore the background of the case, the current law in this area and the implications for employers.

Does your partnership deed address performance?

Justin Cumberlege provides some guidance on how to address under-performing partners, or conduct issues, in a partnership deed in his latest Practice Management article

Don’t forget your partnership agreements!

With all of the work you are doing at the moment in relation to primary care networks and other forms of collaboration, it is easy to forget, or put to one side, your own internal practice arrangements.

Don’t Neglect Your Partnership

With the focus on primary care networks and integrated care systems in recent months, attention might have shifted from housekeeping around medical partnerships.

Don’t panic! But remote assessment for MHA detention is NOT allowed

The Divisional Court has today handed down a judgment that says, contrary to the advice given by NHS England, “personally examined” for the purpose of assessment for admission under the MHA means assessments cannot be undertaken remotely.

Dress codes and headscarves

Dress codes and religious clothing have been considered by the European Court of Justice (CJEU) in two cases recently and unfortunately their guidance is not as clear as it could be. The French case of Achbita v G4S Secure Solutions was reported as supporting a ban on headscarves but the actual outcome was slightly more complicated than that. The Belgian case of Bougnaoui v Micropole SA reached a slightly different decision, refusing to uphold a ban, but the case emphasised just how hard it can be to enforce a supposedly neutral dress code.

Dress codes, headscarves and discrimination

The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.

Efficiency initiatives: key issues to consider

NHS organisations continue to search for ways to improve efficiency and ultimately to save money. The Carter Review provided potential methodologies, and opportunities for savings, and Trusts are implementing various strategies. NHS Improvement has also recently pushed for consolidation in the provision of pathology services with its proposals for new networks of laboratories.

Employee Retention Scheme (Furlough Leave)

Coronavirus employee retention scheme guidance is now out. This describes the circumstances where employer applications for the furlough payments can be made. Not all questions are answered and we do not know if there will be legislation to back this up. Here’s our summary:

Employment law for private practice – 2020 roundup and what to expect in 2021

There have been notable changes to employment law in response to the Covid-19 pandemic and some other developments which doctor employers in private practice should be aware of. Lucy Miles and Kalani Bogahalande report.

Employment Newsbrief Summer 2018 now available!

Welcome to the Summer edition of the Hempsons’ Employment Newsbrief, a round-up of some of the hot legal topics in the Employment sector.

Exemption to Competition Rules

The Government has passed emergency legislation to relax UK competition law to help the economy and the NHS to meet the challenges of the Covid-19 outbreak. This note looks at the provisions which have been passed in relation to England only.

Facing the consequences of not having an LLP agreement

Justin Cumberlege, partner in Hempsons healthcare team, explains why an LLP agreement is essential for independent practitioners.

Failure to comply with the duty of candour lands NHS Foundation Trust with fine

An NHS Foundation Trust has, for the first time, been fined by The Care Quality Commission for failing to comply with its duty of candour to be open and honest with patients or their families if there is an incident in which they suffer harm

Fall out from Carillion requires careful consideration

With the news of Carillion’s liquidation, a number of questions arise. From a procurement professional’s perspective, what happens to the contracts will be of paramount importance. It is unlikely to be a simple case of novating the contract to a new provider.

FALQ: Can our PCN be a limited company?

This is the first article in our five part series exploring frequently asked legal questions typically asked by PCNs. Q1 - Can our PCN be a limited company?

FALQ: Do we need to prepare bespoke schedules for our PCN agreement, or can we use the published templates?

What are Primary Care Networks (PCNs) asking us? Welcome to the fourth article in our five part series exploring frequently asked legal questions typically asked by PCNs.  Question 4 - Do we need to prepare bespoke schedules for our PCN agreement, or can we use the published templates?

FALQ: Is there a relationship between our PCNs and our GP federation?

What are Primary Care Networks (PCNs) asking us? Welcome to the second article in our five part series exploring frequently asked legal questions typically asked by PCNs. Question 2 – Is there a relationship between our PCNs and our GP federation? 

FALQ: Should we have other members in our network, apart from core network practices?

What are Primary Care Networks (PCNs) asking us? Welcome to the final article in our five part series exploring frequently asked legal questions typically asked by PCNs. Question 5 - Should we have other members in our network, apart from core network practices?

FAQs for Contracting Authorities and Bidders

A comprehensive list of frequently asked questions for Contracting Authorities and Bidders.

Farewell to ET fees, but what next?

For the last four years, an employee wanting to take a case to an employment tribunal has had to pay a fee of up to £1,200. For many lower paid employees – or where relatively little money was at stake – this fee may have been a deterrent to starting action...

Fit for the future – our NHS legislation wish list

Whilst politicians fight over the bloody remains of the June 2017 election there is likely to remain a broad political consensus that health and social care integration is desirable. NHS and local authority leaders will continue to try to implement sustainability and transformation plans (STPs) and develop accountable care systems (ACSs).

Fitness to Practise: An overview of GMC processes and common issues for independent practitioners

Due, in part, to the growing use of social media and media coverage of the healthcare profession, complaints to healthcare regulatory bodies are growing. The way in which these complaints are handled is continually evolving in order to manage the growing number of complaints.

Five key steps when selling a private practice

Whether you’re looking to retire or planning your next venture, it is essential you make the necessary preparations before you start the process of selling a private practice. Kirsty Odell sets out some of the key stages to any transaction which will keep you on the right track for a smooth transition.

Five top tier rankings for Hempsons in the Legal 500 2023 UK guide

Five years of cerebral palsy claims – NHS Resolution report

Today sees the publication of NHS Resolution’s report reviewing the causes of these tragic, but thankfully rare, incidents. The author, NHSR’s Darzi Fellow Dr Michael Magro, has made the following recommendations...

Flu vaccinations and the tricky issue of consent – where do pharmacy professionals stand?

As the flu season ramps up, pharmacy professionals shouldn’t become blasé to the fact that obtaining written patient consent is no longer a requirement, advises Thorrun Govind

Foreseeability and causation in clinical negligence cases

This article summarises the law on foreseeability and causation in clinical negligence cases. It focuses on what a claimant needs to prove and the development of the law in these areas.

Foundation Trusts and NHS England will need to apply a lower procurement threshold from 16 August 2021

The Public Procurement (Agreement on Government Procurement) (Amendment) (No. 2) Regulations 2021 (the “Amendment Regulations”) have been published.

Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards

The Mental Capacity (Amendment) Bill was published on 4 July 2018.  It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).

Fundamental standards of care – Regulation 12 – safe care and treatment

All CQC registered providers, from the biggest NHS foundation trust down to the smallest care home, GPs and dentists alike, are required to adhere to the CQC fundamental standards of care.

Funding allocations for PCNs – 15 January 2020 deadline to provide feedback on the proposals

PCN Specifications have been published and will be discussed today on twitter. The Outline Service Specifications for the Network Contract can be found here.

Funding to help your practice change delivery model – you may be eligible for Government funding

We are part of the Go Mutual consortium that has successfully secured funding from DCMS to create and support mutuals. Mutuals cover organisations providing public services (which would include GP Practices holding GMS or PMS contracts) which are considering a new structure which has some element of staff- led representation, governance or ownership.

Furlough guidance has been updated

Late on Thursday 9 April 2020, the government released the third version of the Coronavirus Job Retention Scheme guidance. Here are Martin Cheyne's first impressions of the update.

Furlough Guidance Updated

The guidance for employers on the Coronavirus Job Retention Scheme was updated on 4 April 2020. The scheme allows employers to furlough staff and claim back part of their wages. The new guidance adds detail and some clarifications to the original HMRC guidance published on 26 March, but many questions remain.

GDPR – The Final Countdown!

GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.

GDPR – are you ready?

Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

GDPR How it affects health and social care businesses

Keeping confidential information about staff and patients secure is a responsibility businesses operating in the health and social care sectors have taken seriously for a long time. But the requirements are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

GDPR one month on – are you compliant yet?

GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?

GDPR Your questions answered

25 May 2018 marked the introduction of the new General Data Protection Regulation in the UK in the form of the Data Protection Act 2018 and we have been answering many clients’ HR-related questions on the new legislation.

General practice mergers: Look before you leap!

Hempsons Senior Solicitor Kirsty Odell sets out some of the key considerations for any practice that is thinking of merging.

Getting ready for the COVID-19 public inquiry

As we reported in June 2021, local NHS organisations have been told that they must start preparing for the statutory public inquiry into the COVID-19 pandemic which is expected to begin in spring 2022. Any organisation can be called upon to provide evidence for the statutory inquiry, and individuals may be required to give evidence under oath. With extensive public inquiry experience, Hempsons is here to help.

Getting ready for the COVID-19 Public Inquiry – webinars

We have launched our COVID-19 inquiry webinar series.

Global Digital Exemplars – Data protection

As a GDE or Fast Follower you will undoubtedly be looking to digitise data which has previously been not held in electronic form. You may also be migrating electronic records to new systems or joining up or sharing data sets for the first time. All of these activities ring alarm bells for the Information Governance specialists whose immediate concern will be – can this be done within the law?

Global Digital Exemplars – GDE and procuring technology

In an article in digitalhealth in July 2017, Matthew Swindells, NHS England’s national director for operations and information, was reported as stating at a conference that “At the core of the GDE model is the idea that we should be learning from each other. If the GDE and fast follower model goes well in the future, nobody will run procurements to buy IT systems again”.

Global Digital Exemplars – Getting staff to adopt new ways of working

With the need to change and reconfigure the existing NHS workforce to meet the demands of new service models comes the need to ensure that the workforce are familiar with and are utilising new technology. A digitally fluent workforce is a necessity.

Global Digital Exemplars – Managing the innovation process

Innovation is an integral part of any quest for digital maturity and technology underpins most innovative projects. Moving data and services from an offline, paper based environment online necessitates a new way of thinking, new processes and procedures and often new methodologies and technologies to facilitate the transformation.

GMC Independent Review of Medical Manslaughter recommends sweeping changes to regain the profession’s trust and improve qu...

Since 2011, healthcare professionals have been transfixed by the twists and turns of the investigations and hearings in relation to the trainee paediatrician, Dr Bawa-Garba and her nursing colleague Ms Amaro through their protracted criminal, coronial and regulatory processes.  Dr Bawa-Garba’s treatment in particular by her regulator, the GMC, and its widely criticised decision to appeal its own Tribunal’s determination not to erase her led to the erosion of doctor’s confidence in medical regulation. 

GMS Contract Negotiations 2018/19 – what you need to know

GMS Contract Negotiations 2018/19 - what you need to know The outcome of the latest round of the GMS Contract negotiations for 2018/19 between NHS Employers and the General Practitioners Committee was published by NHS England recently (Gateway Reference 07813).

Good news all round

It’s been a great week here at Hempsons and we’re delighted to announce a number of exciting developments. On Tuesday of this week The Times launched their Top 200 Law Firms report, describing Hempsons as “the country’s biggest specialist health and social care legal practice.” And following on from that news, yesterday the Chambers Guide to the Legal Profession confirmed the latest Legal 500 rankings (reported on Wednesday this week), placing Hempsons firmly at the top of the rankings for healthcare law and defendant clinical negligence.

Government “Naylors” its Estate colours to the mast

In the official response to the Naylor Review, the government has finally acknowledged that world-class healthcare requires world-class property. The government has confirmed that it will: - Establish the NHS Property Board to ensure optimum use of the estate - Deliver strategic estates planning service to support STPs - Invest in training and development creating new career paths - Assist with the provision of additional specialist support - Improve collection and use of data - Encourage take-up across the NHS of accredited training

Government’s Mutuals Support Programme 2 launches and GoMutual Consortium is Raring to Go!

We are delighted to see the formal launch of the Government’s new support programme for Public Service Mutuals (Mutuals), marking the start of the next significant chapter for Mutuals and those exploring the model.

GP contract agreement puts pressure on PCNs to succeed

The BMA and NHS England have released an update of the GP Contract for 2020/21 – 2023/24. Read more here.

GP locums may be eligible for holiday pay – Narayan v Community Based Care Health Limited

The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal decision that a GP locum was a “worker” and was entitled to holiday pay.

GP refinancing: the value of preparation

Taking time to properly prepare ahead of a refinance by a GP partnership can drastically reduce the timescales and stress. David Naughten explains how to best prepare for the legal process

Great results for Hempsons in the Chambers UK Guide 2021

We are delighted to announce another outstanding year for Hempsons in the Chambers UK Guide. Hempsons has been ranked in six practice areas across our four offices.

Harrogate Neighbours launches ‘Care Fest’ with a performance of ‘Fighting for Life’ from touring P...

Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been l...

Have the lessons from Lancashire Care NHS FT & Blackpool Teaching Hospitals NHS FT v Lancashire County Council been learnt? It is nearly a year since the case of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council was determined.  Hempsons advised the two foundation trusts in successfully challenging the Council’s process, which had been run under the Light Touch Regime. 

Have you got your Primary Care Network Agreement ready?

The GP primary care team at Hempsons have been considering The Mandatory Network Agreement recently published by NHS England. It contains little detail, leaving much to be elaborated in the schedules.

Health start-ups: Don’t get snared in your own web – it’s your website, but do you own and control it?

Organisations rightly devote significant time and resources towards ensuring their web presence reflects their values and the message they wish to convey to the outside world. Even those that do not engage in e-commerce are expected to have a website – their shop-window in the electronic world – and will take steps to ensure that clients and prospective clients searching the internet will arrive at their own website rather than that of a competitor.

Health start-ups: Generating revenue from intellectual property

Doctors in private practice and private healthcare operators are often innovators, developing software, equipment and treatments, and building a ‘brand.’ Using these more widely, both in British healthcare and further afield, could bring benefits to patients - and private practitioners are often keen to help this happen. However, they need to consider what happens to their intellectual property in their innovations. IP is a valuable asset – as is being increasingly realised by the NHS – and needs protecting.

Health start-ups: Get brand protection- key intellectual property rights

It is as true for a business offering healthcare services as it is for any High Street seller of goods that the business’ brand and the goodwill associated with it are valuable assets that are worthy of protection.

Health start-ups: Look to the future – a round-up

"Look to the future now: it's only just begun". So sang Wolverhampton glam-rockers Slade in their well-known Christmas hit. Whilst I accept that it is still probably a little early to be getting ready for Christmas, these particular words nevertheless seem an apt way of bringing to a close our series of articles on healthcare start-ups and the increasing use of apps and technology for delivering health services.

Health start-ups: Online prescribing is no panacea – the pitfalls and perils of prescribing medication online

This is a particularly complex area so it’s as well to know what is what. Interfaces (such as Amazon, E-bay and Uber) which utilise the internet, SMS and Apps to deliver goods and services, are popular because they save time – and savvy healthcare businesses realise that patients are no different. They view time taken to make doctors’ appointments and queuing at the surgery as wasted time. Such business are capitalising on this perception by creating interfaces which allow patients to obtain prescriptions remotely (on-line, by SMS or App).

Healthcare newsbrief: Winter 2017 edition now available

Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...

Help to ease the pain of partnership disputes

Partnership disputes are time-consuming, costly, stressful and de-stabilising for a practice and the individuals involved. But unfortunately, they are also more prevalent when partners are under pressure, as during the Covid-19 pandemic. Alison Oliver and Ross Clark explore common causes of partnership disputes, how to prevent them happening and what to do if one arises in your practice

Hempsons and Eastwoods: our 2020 vision

2020 will be a particularly exciting year for everyone at Hempsons and Eastwoods, as the two firms merge to create a powerful new force in regulatory, disciplinary and healthcare law.

Hempsons celebrate another great year in The Legal 500

We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.

Hempsons Education News Update

Now that schools are fully into the autumn term, it’s helpful to recap on the education news from the last few weeks.

Hempsons listed in The Times Best Law Firms 2020

We are delighted to announce that Hempsons has been named as one of The Times’ best law firms for 2020.

Hempsons maintains its place on key NHS legal services framework

Hempsons has retained its place for all Lots on the North of England Commercial Procurement Collaborative (NOE CPC) framework for the full range of legal services covering: NHS Governance and Public Law; Healthcare Law; Mental Health Law; Employment Law; Contract and Commercial Law; Property Law; and Corporate Finance and PFI.

Hempsons minimise their environmental footprint

Hempsons’ Harrogate office has recently refitted their office to rationalise space and ensure all staff are working in an enhanced open plan environment. Hempsons have minimised the environmental impact of this process.

Hempsons proudly sponsor care charity single

We are proud to announce that we are the sponsors of ‘Who Cares?’, a new song highlighting the care industry. Proceeds from the sale of the song will go to The Care Workers’ Charity.

Hempsons shortlisted for Firm (Specialism) of the Year Award at in The Legal 500 Awards 2020

We are delighted to announce that Hempsons has been shortlisted for its Partnership work in the Legal 500 Awards 2020.

Hempsons shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019

We are delighted to announce that we have been shortlisted in the ‘Legal Advisor – Public’ category at the LaingBuisson Awards 2019.

Hempsons sponsor Health-Tech Talks

We are excited to announce that Hempsons are sponsoring Health-Tech Talks 2020 events.

Hempsons to exhibit & speak at the Dementia, Care & Nursing Home Expo 2020 

Hempsons will again be both exhibiting and speaking at the Dementia, Care & Nursing Home Expo taking place at the NEC in Birmingham on 17 & 18 March 2020 where Philippa Doyle will be speaking on 'All things Court of Protection'.

Hempsons welcomes new partner – Liz Hackett

Liz Hackett has joined the healthcare advisory team in our Harrogate office this month.

Hempsons, NHS Providers and Aldwych Partners launch new publication – An eight step guide to accountable care

Hempsons and NHS Providers are pleased to launch a new guide identifying eight key steps STPs and their partner organisations should consider to support the evolution to accountable care.

Hempsons’ crime team works fast to minimise client’s sentence

Amie Roadnight and Adam Smith of Hempsons’ crime team represented a client accused of driving whilst almost 4 times over the limit for cocaine.

Hempsons’ Dental Newsbrief Winter 2018/19

Welcome to the latest edition of Hempsons' Dental Newsbrief.

Hempsons’ Dental Newsbrief Winter 2019/20

Winter 2019/2020 edition of Hempsons' Dental Newsbrief.

Hempsons’ Social Care Newsbrief Summer 2019

Welcome to the Summer 2019 edition of Hempsons’ Social Care Newsbrief.

Hempsons’ Charities and Social Enterprise Newsbrief Autumn/Winter 2019

Autumn/Winter 2019 edition of Hempsons’ Charities and Social Enterprise Newsbrief.

Hempsons’ Charities and Social Enterprise Newsbrief: Autumn/Winter 2018

Welcome to our autumn/winter 2018 edition of Hempsons’ Charities and Social Enterprise Newsbrief.

Hempsons’ Healthcare Newsbrief 2018

Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.

Here’s how to get your Primary Care Network off to a healthy start

Progress towards the deadline for Primary Care Networks in England (PCNs) to finalise their mandatory network agreement has not been as smooth as might have been hoped.

Hincks v Sense Network

It is commonly accepted that when a person applies for a job, they will usually be asked to provide a reference from their previous employer. By the same token, employers are usually willing to provide a reference for an employee leaving their employment and doing so is standard practice.

HJ v Burton Hospitals NHS Foundation Trust

The Judgment of Mr Justice Turner from 21 May 2018 in HJ (A Child) v Burton Hospitals NHS Foundation Trust [2018] EWHC 1227 (QB) was a reminder that the opinion of a single joint expert (SJE) is not binding on the Court.

Holiday pay update

Over the last few years the courts have increasingly ruled more types of payments ought to be included in holiday pay calculations. However, the prevailing view has been that only compulsory overtime need be included...

How Best to Manage your Lawyer

How Best to Manage your Lawyer - Every business, no matter how large or how small, leaves a “legal footprint” – so if you operate without any legal advice at all, you do so at your peril! 

How do you hold a meeting in a lockdown?

Justin Cumberlege considers whether you are able to hold statutory meetings in a lockdown.

How do you know when a safeguarding matter is a “serious incident” for the purposes of the Charity Commission?

Safeguarding of those involved in the charities sector, and particularly beneficiaries of charities, has become of increasing importance to the Charity Commission in recent years. Some headlines involving major charities such as Oxfam and Save the Children Fund have brought this topic to the top of the Charity Commission’s agenda.

How instability in the economy may impact the sale and purchase of care homes

Faisal Dhalla asks - with the cost of living rising, energy bills rocketing and bank borrowing becoming more expensive, where does that leave the market of selling and buying care homes?

How regulation has been impacted by the current coronavirus pandemic

This article will consider what is being expected of doctors who may not have been working in the NHS before the pandemic, how regulation has been amended to provide for this unprecedented situation, and how a doctor’s fitness to practise may still be investigated.

How to avoid a GMC referral

There is probably nothing anyone can do to entirely eliminate the risk of a GMC referral.  Sometimes, it is down to just plain bad luck.  It is certainly often nothing to do with your abilities as a doctor, and that’s important to remember if you are unlucky enough to receive the dreaded GMC letter.

How to get the most out of CQC inspections

CQC have helpfully published the document “How to get the most out of inspections”, showing exactly how an inspection should operate from beginning to end.

How to incorporate your practice

Justin Cumberlege, partner at specialist law firm Hempsons, looks at what you need to do to obtain consent if you want your practice to become a company

HSJ shortlist Hempsons for Legal Services Provider of the year award

Hempsons has received more high-profile acclaim for our work on accountable care and system transformation – this time from the Health Service Journal with its first ever HSJ Healthcare Partnership Awards.

ICTS (UK) Limited v Visram

ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.

If that fateful GMC missive appears

What should you do if you get a letter from the GMC? Partner Tania Francis from Hempsons shares ten tips.

Implications for employers of lifting Covid-19 restrictions

The government has published its COVID-19 Response: Summer 2021 (Roadmap) setting out the details of step 4 of the roadmap out of restrictions for England. The restriction are scheduled to be lifted on 19 July 2021. Hempsons' employment law team discuss the guidance.

Implications of the Health and Care Bill for general practice

The new Health and Care Bill sets out how the government plans to reform health services in England. Alison Oliver looks as what it will mean in primary care

In-depth investigations are key to fair disciplinary processes

The recent case of Tykocki v Royal Bournemouth and Christchurch Hospitals NHS Foundation Trust demonstrates the importance of a fair and thorough investigation process in disciplinary cases where the allegations are serious and could consequently have career limiting implications for the employee involved.

Inadequate record keeping invalidates contract award

Hempsons recently acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in successfully challenging Lancashire County Council (the “Council”) in relation to a procurement challenge for the provision of 0 – 19 services.

Incorporation of GP practices – what the NHS may require

GP practices wanting to incorporate will be considered in line with new guidance issued by the NHS. GP enquiries about incorporating their practices or forming PCN companies have risen in part driven by the added liability created by PCNs and other "at scale" providers.

Information Commissioners Office: data protection fining guidance

The Information Commissioner’s Office (ICO) has published new Data Protection Fining Guidance 

Inquest podcast: Prison inquests

Season two, episode four: Prison inquests

Intellectual Property and Health Tech – potential pitfalls

Technology and innovation is at the forefront of current medical practice, with new software, apps and websites being released regularly. This article is designed to offer an overview of some of the potential mistakes you could make if you are considering the development of your own health technology from the intellectual property (IP) perspective.

Introducing the Health and Care Bill Board…

The government’s health and care white paper “Integration and Innovation: working together to improve health and social care for all” was launched last week. It paves the way for a Health and Care Bill intended to increase collaboration and co-operation across the health and social care services.

Is the incorporation of primary care networks helpful?

Justin Cumberlege from specialist healthcare law firm Hempsons, provides some guidance on incorporating a primary care network

Is your dental practice ready for GDPR?

The current law governing the use of personal data in the UK is the Data Protection Act 1998 (“DPA”). The law will change on 25 May 2018 when the European General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) will come into effect.

Is your primary care network ready for new members?

Justin Cumberlege, a partner in the healthcare law firm Hempsons, suggests how Primary Care Networks should prepare to work with other providers

Is your private practice ready for GDPR?

Is your private practice ready for GDPR? The law will change on 25 May 2018 when the European General Data Protection Regulation will come into effect.

January 2018 – Procurement threshold limits to increase

The European Commission announced revised threshold limits for public procurements on 19th December 2017, together with the official rates for converting these limits into pounds sterling. These revised limits will apply from 1 January 2018 to all contract opportunities arising on or after that date.

January/February 2017 Procurement Roundup

We would like to make you aware of several new legal developments that have emerged during the first couple of months of 2017. If you would like to discuss any of these matters with Hempsons’ dedicated procurement team in more detail, please don’t hesitate to contact us.

Jersey States assembly scrutiny hearing on changing its personal injury law, including an increase to the discount rate

The States Assembly within Jersey is considering a change to its personal injury damages law including an increase to the discount rate which applies to personal injury awards. 

Joining a partnership? Get trained!

The Government has announced that it will pay for new partners joining GP practices to be trained in being a partner.  Why not sign up to Hempsons’ New Partner training course?

Keep a close eye on your ‘shares’

The purpose of primary care networks is to bring practices together to work in an integrated way to deliver Directed Enhanced Services (DES). The payments for DES include staffing costs for employees who will work across the network to fulfil the contract.

Keep it legal – informed consent

Montgomery five years on: how has the landscape changed for medical practitioners?

Keeping it in the family: Wholly owned subsidiaries in the NHS

There is an increasing interest in the establishment of wholly owned subsidiaries in the NHS and this article examines the key drivers for this interest, the legal requirements for such new companies and some of the practical issues that Trusts will need to consider.

Key Legal Developments Update – October 2018

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

Key Legal Developments Update – October 2019

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration

Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration

Lasting Powers of Attorney – Considerations for providers

An LPA is a legal document registered with the Office of the Public Guardian, which names another (an ‘attorney’) to make best interest decisions on their behalf (‘the donor’).  Anyone who currently has capacity can appoint an attorney to make decisions on their behalf, should they lose the capacity to do so themselves in the future.

Lease Negotiations for Private Practices – Tips and Traps

f you have a private practice, you will know that the location, quality and cost of your premises are of fundamental importance to the ongoing success of the business.

Leasing premises – do you know what you’re letting yourself in for?

Many dental practitioners struggle with the decision of whether to purchase their practice premises or take a lease from a landlord. A well negotiated lease can leave dentists with a greater degree of flexibility when considering retirement or the sale of their practice.

Legal due diligence in dental practice sales and purchases: Why do we bother with it?

Kirsty Odell and Sana Sadiq explain why due diligence is required when a buyer is planning on purchasing a practice.

Liberty Protection Safeguards – start date significantly delayed

The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.

Limitation – Mossa v Wise

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.

Limitation arguments – how hard can it be?

The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.

Limitation in clinical negligence – a summary guide

This is the third article in a three-part series looking at limitation arguments in clinical negligence claims. The first two articles considered case law and this article will provide an overview of the applicable law.

Looking forward to the new Procure 2020 construction framework and the new Hilary Mantel novel

The Hempsons team speculate what the Procure 2020 framework might offer to an NHS estates sector eager for solutions.

Make your merger magic – not manic

The last 12 months has seen practices working much more closely together to respond to the pandemic and to deliver the network contract DES in PCNs. Many practices, having seen the benefits of closer working, are now considering merging. In this article, Alison Oliver outlines some of the key issues to consider if you are thinking about merging with one or more other practices.

Making probationary periods work for you

Are you getting maximum benefit from probationary periods for new staff? Julia Gray examines the purpose and operation of probation and suggests how it can work most effectively in independent practice.

Managing disagreements around discharge arrangements

Hospitals across the country are coming under increasing pressure as a result of the current winter crisis. NHS Providers has written to Jeremy Hunt to outline concerns that the NHS does not have sufficient beds or staff to manage the volume of required admissions. The need for Trusts to promptly discharge patients who are well enough to leave hospital has never been more intense.

Manchester Trusts complete landmark merger

The merger, which has widespread support from local and national stakeholders, will allow MFT to deliver improvements to patient care for Manchester and was unanimously approved by...

Mandatory COVID-19 vaccinations for staff – what do we know and what is to come?

We now have new legislation requiring care home staff to be vaccinated and there’s a consultation due on mandatory vaccination in the wider NHS and social care sector.

Module 3 of the UK COVID-19 Inquiry into the impact of the pandemic on healthcare has opened today

The third investigation in the Covid-19 Inquiry opened today

Navigating the ins and outs of starting a new Business

Navigating the ins and outs of starting a new medical business can trip up the unwary doctor. Michael Rourke shows what to watch out for at the very start.

Network Contract DES – Amendment

NHSE has now published an amendment to the network contract DES for 2020/21. PCNs will be able to opt out of the Network Contract DES by giving notice to its CCG by 17th October if they do not wish to accept these revised terms. 

Network Contract DES Specification 2020 / 2021 – key dates for CCGs

The new Network Contract DES Contract Specification contains important key dates for practices, PCNs and commissioners.  Those of particular relevance for CCGs are:

Network Contract DES Specification 2020 / 2021 – what it means for CCGs

Much remains unchanged in the new Network Contract DES Specification, but important changes that CCGs (where commissioning primary care under delegated authority) should be aware of are:

New approach to CQC inspection

The Covid 19 pandemic has seen the way many services operate change, with many face to face services going on-line and digital in a way never seen before. One of those changes is seen with the new CQC approach to inspection.

New Care Models and STPs Roundup – June 2017

Hempsons is pleased to bring you the latest in its series of news updates on new care models, STPs and integration.

New Guidance on severance payments and approval for public sector employers

The government has published new guidance for the public sector on making termination of employment/severance payments to employees. 

New PPN published; Requirements for contracts covered by the WTO Government Procurement Agreement & the UK-EU Trade &...

The second Procurement Policy Note of 2021 was published at the end of last week.

New PPN’s Published; National Procurement Policy Statement & Taking account of Carbon Reduction Plans

The fifth and sixth Procurement Policy Notes of 2021 have been published.

New Year partner and associate promotions

We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.

Newsflash: Are you ready for the GDPR?

The General Data Protection Regulation (‘GDPR’) comes into force on 25 May 2018 and is the largest overhaul of data protection since the 1998 Act.

Newsflash: Automatic suspension maintained – first automatic suspension case post NDA

Hempsons acted on behalf of Lancashire Care NHS Foundation Trust and Blackpool Teaching Hospitals NHS Foundation Trust (the “Trusts”) in resisting an application made by Lancashire County Council (the “Council”) to lift the automatic suspension in a procurement challenge. As a result of the claim issued by the Trusts at the end of last year, the Council were automatically suspended from signing the contract with Virgin Care Services Limited (“Virgin”). The Council made an application to lift the automatic suspension. The lifting application was heard on 25 January 2018, and the Court’s judgment has now been handed down.

Newsflash: Changes to the PSC requirements were made on 26 June this year

Companies and LLPs need to be aware of the increased information requirements in respect of people with significant control (PSC). The details of these changes only became clear at a late date with implementation from 26 June 2017.

Newsflash: Coronavirus and Critical Care

Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.

Newsflash: Covid-19 NHS letters and dealing with pregnant staff

Click HERE for a brief summary of NHSE&I's letters to GP Practices issued in March 2020. We will be updating the information on our website as further letters are issued. What action should you take in relation to pregnant staff who can’t work from home?

Newsflash: Emergency Application to the High Court’s Inherent Jurisdiction to protect a vulnerable adult

Emergency Application to the High Court’s Inherent Jurisdiction to protect a vulnerable adult.

Newsflash: Employment Tribunal fees abolished

The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.

Newsflash: Funding options available for surgery improvements

If you have identified a need to invest in your surgery premises, whether it be for general improvements, extension plans to accommodate a growing local community or a move into newly built fit-for-purpose premises, the next step is to weigh up the potential funding options available to you. 

Newsflash: Health and Care Act 2022 – Given Royal Assent

With the saying of a little bit of Norman French (“La Reyne le vault”) by the Clerk of the Parliaments in the House of Lords, Royal Assent to the Health and Care Bill was given on 28 April 2022.

Newsflash: Hempsons wins Best Professional Services at the Care Home Awards 2017

Hempsons wins best Best Professional Services, legal, financial, planning property management, compliance at the Care Home Awards 2017

Newsflash: Immediate custodial sentence for those who commit fraudulent claims against the NHS

In this landmark case, Sandip Atwal has been sentenced to three months in jail for his deliberate attempt to defraud the NHS and deceive the Court. He has also been ordered to re-pay £75,000 in legal costs. Sentence was passed on 01.06.18. The decision comes after Hempsons Solicitors, instructed by NHS Resolution on behalf of CHNHS FT, recently succeeded in establishing that Mr Sandip Atwal was in contempt of Court on 14 grounds for grossly exaggerating the effect of minor injuries and fraudulently claiming compensation against the NHS.

Newsflash: Making Sense of Integrated Care

“Our aim is to use the next several years to make the biggest national move to integrated care of any major western country” (NHS England, 2017)

Newsflash: Mandatory COVID-19 Vaccinations in Health and Social Care Revoked

Hempsons legal experts discuss the latest VCod guidance

Newsflash: New competition law requirements for the private healthcare sector including NHS private patient units

The Competition and Markets Authority (CMA) has made an order to implement the “consultant fees remedy” under the Private Healthcare Market Investigation Order 2014 (the Order).

Newsflash: New NHS Pension consultation launched (and previous 50:50 consultation withdrawn)

A new consultation NHS Pension Scheme: pension flexibility has just been published. This is to address the significant concerns raised by GPs and other clinicians

Newsflash: New PPN published; Procuring in an emergency

The Government has issued the first Procurement Policy Note of 2021, applicable to all contracting authorities.

Newsflash: New tactics required in intellectual property litigation from the Autumn

There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.

Newsflash: Next Steps on the Five Year Forward View – Technology and Innovation

The Next Steps review acknowledges that technology underpins all of the major NHS work programmes.

Newsflash: NHS England and NHS Improvement publish long awaited Integrated Support and Assurance Process Guidance

NHS England (NHSE) and NHS Improvement (NHSI) published an introduction to the Integrated Support and Assurance Process (ISAP) in November 2016. This somewhat sparse guidance gave an initial outline to the process and what could be expected but left emerging accountable care systems guessing as to the detail of the process.

Newsflash: NHS England publishes draft contract for accountable models of care

Following a period of public consultation on the draft MCP contract framework, NHS England has published the first version of a model contract for accountable care organisations (ACOs) for use by both Multi-Speciality Community Provider (MCPs) and Primary and Acute Care System (PACS) led models in the NHS.

Newsflash: NHS England publishes PCN Development Support Prospectus

NHS England has published a Primary Care Network (PCN) Development Support Prospectus. Aimed at Sustainability and Transformation Partnerships (STPs) and Integrated Care Systems (ICSs), the Prospectus is in two parts. Read more here..

Newsflash: NHS Improvement publishes revised Transactions Guidance

NHS Improvement (NHSI) has published Transactions guidance - for trusts undertaking transactions, inlcuding mergers and acquisitions which replaces Monitor’s previous guidance supporting NHS providers: guidance on transactions for NHS foundation trusts (updated March 2015) and the NHS Trust Development Authority’s transactions guidance in delivering for patients: the 2015/16 Accountability Framework for NHS trust boards (June 2015).

Newsflash: NHS recommendations to Government and Parliament for an NHS Integrated Care Bill

On Thursday 26 September 2019 the Boards of NHS England and NHS Improvement met in common to approve the publication of “The NHS recommendations to Government and Parliament for an NHS Integrated Care Bill”. We provide a summary of the 23 recommendations.

Newsflash: PCN agreements – is yours up to scratch?

Now is the ideal time to review your agreement to ensure that it includes the provisions necessary for proper governance.

Newsflash: Private GP Services – not under my roof!

Recently published NHS England guidance on the new GMS contract (Click here to read guidance), outlines a new blanket ban on GPs advertising and hosting private GP services from within their surgery  premises.  The changes mark a sea change and are potentially a major threat to a number of existing practice business models.

Newsflash: Provider Selection Regime: supplementary consultation on the detail of proposals for regulations

Andrew Daly comments on the DHSC launched a supplementary consultation on the detail of proposals for Provider Selection Regime regulations published on 21 February 2022.

Newsflash: Sleep-ins and National Minimum Wage enforcement

The Department for Business, Energy and Industrial Strategy (BEIS) has today announced that enforcement in relation to the National Minimum Wage (NMW) for sleep-in shifts in the social care sector will be temporarily suspended.

Newsflash: Supreme Court ruling in the Mencap v Tomlinson-Blake case

The Supreme Court has this morning ruled in Mencap v Tomlinson-Blake that calculation of national minimum wage (NMW) for sleep-in care workers only needs to include time when they are awake for the purpose of working. Where the employer provides suitable facilities for sleeping, time spent sleeping is not included in the calculation.

Newsflash: The Next Phase of CQC Regulation

During the summer 2017, the Care Quality Commission (“CQC”) consulted on a number of proposals to develop their regulatory approach in primary medical care and adult social care services. The development in primary care is in response to New Models of Care and large, complex providers.

Newsflash: Unlocking funding for GP premises

GP practices may be missing out on millions of pounds in premises funding available through the planning system. Read more here..

Newsflash: Updates to Furlough Guidance for Charities & Social Enterprise

In the last week the government has released two further versions of the Coronavirus Job Retention Scheme guidance. Guidance for Charities & Social Enterprise.

Newsflash: Young persons and deprivation of liberty

The Supreme Court has decided parental authority CANNOT be used to authorise the deprivation of liberty of 16 and 17 years olds who lack capacity to consent to arrangements that amount to a deprivation of liberty.

NHS Dental Practices Year-End Reconciliation

Following the letter of preparedness issued on 22 December 2020, NHS dental practices should be aware of their increased targets for the last quarter of the financial year and the proposed reconciliation and abatement processes for calculating any clawback and deemed activity.  

NHS England Guidance on applying net zero and social value in procurement

In March 2022, NHS England published guidance to extend the principles within PPN 06/20 to ensure the consistent approach of all In-scope Organisations to apply net zero and social value to the commissioning and purchase of goods and services by NHS organisations.

NHS England’s consultation on NHS Provider Selection Regime proposals

NHS England has today published its consultation on the proposed NHS Provider Selection Regime. The consultation on these proposals will run until 7 April 2021.

NHS Improvement publishes revised Transactions Guidance

NHS Improvement (NHSI) has published Transactions guidance - for trusts undertaking transactions, including mergers and acquisitions which replaces Monitor’s previous guidance Supporting NHS providers: guidance on transactions for NHS foundation trusts (updated March 2015) and the NHS Trust Development Authority’s transactions guidance in Delivering for patients: the 2015/16 Accountability Framework for NHS trust boards (June 2015).

NHSX Information Governance Portal

On 1st October 2020, NHSX launched an Information Governance (IG) portal to bring together national guidance on how to manage and share information appropriately.

No compensation does not equate to no case to answer

No compensation does not equate to no case to answer - Martin Cheyne and Zubeda Tayub discuss in the latest employment blog.

One slip gets you in a lot of trouble

We all know that we live in an increasingly regulated world, and particularly so in the healthcare sector. But have you ever thought about just how many sets of regulatory proceedings a doctor may face out of one incident?

Opt in, opt out, shake it all about?

Charities have had something of a bumpy ride lately… and the bad news is that it’s not over yet. On top of increasing scrutiny of fundraising carried out by charities, data protection law and the Information Commissioner has now come to the fore with some big-name charities fined for data protection breaches.

Partnership Disputes – it will never happen to us…will it?

Unfortunately, partnership disputes can and do arise. And when they do, they can be time-consuming, costly, stressful, emotional and destabilising for a practice and the individual partners.

Patient Safety Incident Response Framework (PSIRF)

The PSIRF has been published by NHS England.

PCN companies – subcontracting restrictions relaxed

We are increasingly being asked by PCNs to advise on whether they can form companies to carry out network activities.

PCN DES spec 2020 – are you ready for 31st May?

The network contract DES specification for PCNs has been published and the first date to be aware of is 31st May. Listen to our podcast here

PCN Incorporation – should you?

Have you thought of incorporation? Creating a company with limited liability and a strong legal governance structure to follow can help to mitigate some of the risks for PCN member practices. 

Philippa Doyle presents at the Dementia Care & Nursing Home Expo 2019

Philippa Doyle spoke at the Dementia Care & Nursing Home Expo 2019 and her talk 'CQC Inspections and Reports - when to action, when to challenge' was filmed and is available on YouTube. The session provides valuable information to owners and managers as to how to get the most out of the Factual Accuracy process, the type and range of matters that can be raised and options available to a provider in receipt of an unsatisfactory CQC report, including timely use of the separate CQC complaints process, securing swift re-inspections and how to appeal.

Philippa Doyle takes part in the latest podcast for Care Home Management

Philippa Doyle recently joined a panel of specialist lawyers to discuss how care providers can challenge harsher CQC inspections and the conduct of some inspectors.

Podcast | CQC inspections – what’s the current focus?

In our latest podcast, social care expert Philippa Doyle and Jill Baker discuss the CQC's current approach to inspections.

Podcast: How to get the most out of CQC inspections

In August the Care Quality Commission helpfully published the document “How to get the most out of inspections”. In our latest podcast, Hempsons’ Jill Baker and social care law expert Philippa Doyle discuss this helpful guidance.

Poor Performance and Misconduct – Navigating the Minefield

“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.

Possible Legal and Regulatory Developments following the Bawa-Garba Case

Possible Legal and Regulatory Developments following the Bawa-Garba Case

PPN 01/22 Published: Contracts with suppliers from Russia and Belarus

PPN 01/22 was published on 28 March 2022 to provide guidance as to how contracting authorities can further cut ties with companies backed by the states of Russia and Belarus.

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

PPN 09/21: Updated position of the value thresholds for publication on Contracts Finder for NHS Foundation Trusts

Practice Premises – maximising value (and “minimising” time)

Practice Premises – maximising value and "minimising" time Maximising "value" is a common objective for most practitioners in one way or another. “Value” can include the value provided to patients.  On the other hand, it could be the economic value of the practice and its income stream or the value of the practice 'brand' and the exposure received.

Primary Care Networks: Who are you contracting with?

Primary Care Networks: Who are you contracting with? Do you know? The Agreement is a legal contract and in order to ensure that it is legally binding on all the PCN member practices, you need to ensure that those practices are correctly and accurately identified as parties to it.

Primary Care Networks: Who are you trusting to receive the DES payments on your behalf?

Primary Care Networks: Who are you trusting to receive the DES payments on your behalf?

Prime Minister confirms Terms of Reference for the COVID-19 Inquiry

The Prime Minister has published the final Terms of Reference for the COVID-19 Inquiry, confirming in a written statement yesterday that “The UK inquiry into COVID-19 is now formally established and able to begin its important work”.

Private practice practising privileges – What to do when problems arise

Stephen Hooper and Simon Eastwood give some essential guidance on practising privileges for independent practitioners.

Procurement Act 2023 – are you ready for 24 February 2025?

With less than two weeks to go until the Procurement Act 2023 comes into force, procurement teams will be hard at work updating their procurement documents and policies ready for go-live. We have rounded up a few recent updates and templates which you might consider as part of your preparation.

Procurement Law – Summer 2019 Update

This is a round up of some of the more significant decisions you may have missed over the summer holiday period.

Procurement law and the Provider Selection Regime – when will the changes happen?

There is a lot of change on its way to procurement law. The way healthcare services are commissioned is also going to change. For the NHS, ICBs will go live on 1 July 2022.

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Procurement law post Brexit – does anything change for procurement practitioners at 11pm tonight?

Procurement Policy Note 02/19 – ‘Deal’ and ‘No deal’ Brexit

The Cabinet Office has published Procurement Policy Note (“PPN”) 02/19, which confirms the actions that contracting authorities need to take in the event of a ‘deal’ or a ‘no deal’ Brexit. We summarise the draft advice provided below.

Property related delays: Prevention the best cure?

In the past year, Hempsons have acted for a wide range of dental clients on a variety of different transactions. We have acted for sole practitioners retiring and selling their practice, dental corporates buying shares in other dental companies and practitioners starting out on their first venture alone.

Protection and promotion of your brand

We all know the key role that your brand plays in building awareness of your practice with your patients, but how do you maximise and protect its value?

Protection for whistleblowing

What has whistleblowing got to do with doctors working in private practice? Isn’t that an issue relating to doctors in employment only? The recent employment tribunal case of Shoukrey v BMI Healthcare Limited shows this is not the case, warns Paul Spencer.

Rationalising leased office space – making the most of your opportunities

With advances in technology, more and more charities and social enterprises are reviewing their office space requirements and taking the opportunities this presents for reducing rent, rates and utility bills.

Record keeping – how to avoid criticism by a critical eye

Record keeping is a subject widely discussed, the subject of much advice and guidance, but regularly got wrong. It is important that records are accurate, not only to ensure safe and appropriate patient care, but also as a safeguard for you if things go wrong.  After all, your records are (or should be!) a first hand, contemporaneous account of your appointment with the patient and therefore, arguably, the most reliable source of evidence as to what happened.

Regulating the Regulator – make yourselves heard

Throughout the pandemic, the CQC have kept their regulatory approach under review to recognise the changing pressures health and social care services find themselves under.

Reilly v Sandwell Metropolitan Borough Council (2018)

Would it be fair to dismiss an employee if they had failed to disclose a relationship with a person convicted of serious criminal offence (even if this was not necessarily a breach of an express term of the employee’s contract)? This question was addressed by the Supreme Court in the case of Reilly v Sandwell Metropolitan Borough Council (2018) UKSC 16. The Supreme Court also considered the standard approach to the reasonableness of a dismissal, the Burchell test.

Reintroduction of CHC (continuing healthcare) assessments with effect from 1 September 2020

The Department of Health and Social Care has released new guidance surrounding the reintroduction of CHC (continuing healthcare assessments) with effect from 1 September 2020. Philippa Doyle provides a summary.

Revalidation – a trap for the unwary?

All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.

Revised Network Contract DES – key date 31 August – Workforce

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware. Key dates for 2020 are summarised in PDF and upcoming dates are listed below.

Revised Network Contract DES – key dates

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware. Key dates for 2020 are summarised here.

Revised Network Contract DES – key dates for CCGs

The network contract DES for 2020/21 contains various key dates of which practices, PCNs and commissioners need to be aware: PCNs – September to implement Workforce plans

Revised Network Contract DES for 2020/21 published

NHS England and NHS Improvement (NHSEI) has just published the Network Contract Directed Enhanced Service (DES) for 2020/21 alongside associated guidance.

Safeguarding revisited – how does your charity fare?

The last year has seen changes to how – and who – charities must safeguard. And more changes are afoot...……

Schrödinger’s consent: ARB v IVF Hammersmith Limited & R

The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...

Secondary victim claims – a recap of the requirements following new case considering question of proximity

Case law update: Master Cook confirmed that secondary victim claims in cases of Clinical Negligence require proximity to the “relevant event”, not simply proximity to the final consequence of the negligence.

Securing the right lease for your dental practice: key considerations when taking on leasehold premises

The premises out of which a dental practice is run are one of the most important elements of a dental practice sale/purchase. It is important that time and care is taken to ensure that the terms on which the practice occupies the premises are appropriate for the continued requirements of the business.

Selling or buying a dental practice?

Selling or buying a dental practice? At Hempsons, we have a dedicated national team which provides expert advice on the sale and purchase of dental practices.

Seven good reasons to make a will

Half of the adult population dies intestate.  Yet a will is one of the most important documents you will ever write. This is particularly relevant to private practitioners who need to carefully consider the impact of their financial affairs throughout their professional lives and into retirement, keeping their will under periodic review. Here are seven good reasons why you should make one.

Sexual Harassment in the Workplace consultation: the government’s response

The government has released its response to the consultation on Sexual Harassment in the Workplace, promising to further protections to employees who are victims of sexual harassment, whilst giving employers support to put measures in place to respond to the needs of their organisation, and provide explicit protections from third-party harassment.

Sharing staff across a network

The concept behind primary care networks is to bring practices together and work in an integrated way across Directed Enhanced Services (DES). The payments for DES include staff, so they will be working across the practices and different employers.

Should I become a partner as a practice manager?

Justin Cumberlege from specialist healthcare law firm Hempsons flags up some of the issues to be considered before joining the partnership

Should shared parental leave be paid at enhanced rates like maternity leave?

Not according to the Employment Appeal Tribunal (EAT). The EAT held in Capita Customer Management Ltd v Ali that maternity leave was not the same as shared parental leave, and to have pay differentials between the two was not discriminatory.

Sleep-ins – should they form a part of the National Minimum Wage calculation?

The long awaited appeal by Mencap has now been considered by the Employment Appeal Tribunal (EAT). This appeal is based on the way care is provided, predominantly in the social care sector but also has an impact on healthcare providers too. In recognition of the importance to the sector, this appeal was heard by Mrs Justice Simler, the President of the EAT, and brought together three separate appeals. Mencap operate their sleep-ins in common with most social care providers and pay a mostly flat rate sleep-in payment. They were unsuccessful in arguing that the hours during sleep-in shifts were not to be taken into account in calculating the National Minimum Wage.

Sleep-ins – what next?

The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.…

Sleep-ins – what’s next?

The Court of Appeal’s judgment in the Royal Mencap Society v Tomlinson-Blake is not yet the final word on sleep-ins.

So you want to buy a practice?

Kirsty Odell sets out some of the key stages to buying or selling a practice, which will keep you on the right track for a smooth transition from buyer to practice owner.

So, what now for PCNs?

At the special conference of LMCs on 11th March an overwhelming majority (3 to 2) voted in favour of resolutions. Could this be the end of PCNs?

Social Care Newsbrief autumn 2021

Read the autumn 2021 Social Care Newsbrief.

Social Care Newsbrief Autumn/Winter 2017/18

Welcome to the latest edition of Hempsons’ Social Care newsbrief, a round-up of some of the hot legal topics in the social care sector.

Social Care Newsbrief Spring/Summer 2018

Welcome to the Spring edition of the Hempsons’ Social Care Newsbrief, a round-up of some of the hot legal topics in the social care sector.

Social Enterprise: all aboard?

It was something I heard debated around the time the Social Value Act was being put together: an earlier draft of the legislation had included a definition of ‘social enterprise’ with the idea being that only social enterprises (with a capital ‘S’ and a capital ‘E’) could benefit. However, this was ultimately rejected in the parliamentary process leaving open the possibility that anyone who wanted to (even the private sector) could offer social value as part of a public sector procurement process and get the same credit for it as a CIC or a charity or someone else traditionally seen as part of the ‘not for profit’ sector.

Spotlight: SH:24

We spoke to Dr. Gillian Holdsworth, Managing Director of SH:24 about the background of the service, its aims, and what the future holds. Dr Holdsworth is a medically qualified public health consultant who works in population health.

Spring social care seminars – a review

Integral to our commitment to the health and social care sector is the provision of free high quality education and training on legal topics for the sector. It was in that vein that we welcomed more than 100 people – mainly social care providers – to our Spring social care seminars held in Harrogate and Manchester.

Staff problems after lockdown

Doctor employers face ongoing staff management challenges as lockdown restrictions ease. Lucy Miles and Isobel Davis highlight some areas needing consideration. 

Starting out is a balancing act

While many doctors find their businesses suffering in the lockdown, others are planning to set one up. So what do you need to know to be within the law? Read our guidance on the legal considerations that you need to think about if you are setting up a UK healthcare business.

Statutory Books – Keep them up to date or be fined!

Sana Sadiq, Solicitor in the corporate healthcare team at law firm Hempsons, considers the importance of maintaining company statutory registers.

Stay safe when applying the Covid-19 response PPNs

The UK Cabinet Office has published a number of Procurement Policy Notes (“PPNs”) in response to the current Covid crisis. Click to read our summary.

STPs and Accountable Care Roundup

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 16 October

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 22 January

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and accountable care roundup w/c 27 November

Hempsons is pleased to bring you the latest in its series of news updates on STPs and accountable care.

STPs and integrated care roundup w/c 16 April

Hempsons is pleased to bring you the latest in its series of news updates on STPs and integrated care.

Successful Corporate Transaction

Successful Corporate Transaction by Hempsons' commercial lawyers for our client RD Capital Partners (RDCP).

Supply and demand in the time of Covid

With a busy flu vaccination season, surgeries have had to juggle supplies with unprecedented demand - In ordinary circumstances surgeries, without a wholesale dealers license, are not permitted to share vaccines amongst themselves. Though in the past the MHRA has issued an exemption allowing this

Surrogacy costs – discussion of case law and recent Supreme Court case of Whittington Hospital NHS Trust v XX

On 1 April 2020, the Supreme Court handed down Judgment in the case of Whittington Hospital NHS Trust v XX. Stephen Maratos and Vicky Rowlands discuss the case.

Taking control – knowing the value of your intellectual property

We live in an increasingly digital age where innovation and new technologies are at the forefront of everything we do, with new apps, websites and content being released daily, helping practices to stay in touch with patients.

Taking over a failing practice

Kirsty Odell, an associate in our GP team, sets out some of the key stages in taking over a failing GP practice

Terms and Conditions Apply – The Rolling Contract

Alchemists sought to turn base metal into gold, but their searches and efforts proved fruitless.  Physicists have studied the cosmos and determined that there can be no perpetual motion due to the laws of thermodynamics. Lawyers, however, have worked out how to turn base letters into gold, through the perpetual (or at least rolling) contract.

The ‘right to return’ – where GPs suspend their primary care contracts to participate in an Accountable Care Organisation,...

NHS England consulted in the autumn on changes to regulations to support the introduction of Accountable Care Organisations (ACOs). This included consultation on the ‘right to return’, a mechanism designed to provide assurance to GPs considering integrating their services with an ACO.

The attitude towards Litigants in Person: An end to latitude?

Niloo Bozorgi explores the additional challenges of defending a claim when the patient is not legally represented and hopes that the courts may be becoming a little less lenient towards such litigants.

The changing landscape of health and social care

Next Steps on the Five Year Forward View (March 2017) sets out plans for the transition of the NHS to population-based integrated health systems. This will be achieved by the evolution of Sustainability and Transformation Partnerships (STPs) into ‘accountable care’ models. So what is accountable care, what will it look like in the NHS and how will it affect smaller providers such as charities and social enterprises?

The commencement of the Procurement Act has been delayed until 24 February 2025

The rumours were true - the commencement of the Procurement Act has been delayed until 24 February 2025.

The Coronavirus Directions 2020

NHS England is taking on powers that are usually held by the Clinical Commissioning Groups (CCGs) to commission services in relation to the Covid-19 pandemic.

The Cumberlege Review – our safety cultures need a fix

Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests

The delicate balance – ill health dismissals

Deciding when is appropriate to terminate the employment of an employee who has been long term absent due to ill health is a difficult decision. The Court of Appeal’s decision in O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145 provides some useful guidance on this issue

The end of DOLS?

On 13 March 2017, the Law Commission published its report on the Deprivation of Liberty Safeguards (“DOLS”) with proposals for their replacement.

The fit and proper persons requirement

The fit and proper persons requirement - how the requirement works in practice and how it might be extended in the future.

The Fundamental Standards – Safeguarding

In this edition in our series of Fundamental Standards articles, we explore the Health and Social Act 2008 (Regulated Activates) 2014 regulation 13 – 'Safeguarding service users from abuse and improper treatment'.

The Fundamental Standards – Staffing

In the latest in our series of articles on the CQC Fundamental Standards of Care, Philippa Doyle looks at Regulation 18 – Staffing.

The Fundamental Standards are your bible – get a copy, read them and use them!

Do you want to know how to improve the lives of the people you support and hopefully impress the CQC at the same time – then read the Fundamental Standards and tailor your service to meet those standards.

The Fundamental Standards, Regulation 12: Safe Care & Treatment – Are you compliant?

As part of our series of articles addressing the Fundamental Standards and how you need to ensure your service meets those standards, here we consider Regulation 12 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Safe Care & Treatment (“the Regulation”). It is important to note that the Fundamental Standards are a set of regulations. Each regulation is not entirely divisible from the other. For example, if you are not compliant with Regulation 18 (Staffing) and 19 (Fit and proper persons employed) it is unlikely you will be able to demonstrate compliance with Regulation 12(c).

The Good Work Plan – An Update

The Taylor Review of Modern Working Practices was published the following year in July 2017 and set out a list of over 50 recommendations which were aimed at improving the working life and employment rights of agency, casual, zero hour and low paid workers. In response to the Taylor review, the government has now published the Good Work Plan, which sets out workplace reforms focusing on “fair and decent work”, “clarity for employers and workers” and “fairer enforcement”.

The Government issues the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement

The Government has today issued the first Procurement Policy Note of 2020 on the impact of COVID-19 on procurement.

The Government’s new five-point package of measures for the immigration system

On 4 December the Government announced new changes to the immigration system that are due to come into effect next spring.

The implications of King v The Sash Window Workshop for backpay claims

A recent ECJ case has set out that employers can be ordered to provide paid holidays to even apparently self-employed contractors. The ECJ went on to provide that backpay holiday claims could stretch back to the worker’s commencement.

The importance of warranties

When independent practitioners are buying or selling a business, half of the agreement for the sale will be a schedule of warranties. If you are prepared to answer them before you go to market, the higher the value your business is likely to be, because each warranty you cannot confirm, is money off the price.

The Independent Care Group

Social care providers can often struggle to have a unified voice with dozens of homes and domiciliary care organisations dealing with the same commissioners and facing the same challenges – but rarely speaking out in unison…

The Mandatory Network Agreement

The Mandatory Network Agreement was published by NHS England and the British Medical Association.1

The new Procurement Bill – MEAT to MAT

The new Procurement Bill - MEAT to MAT. Significant change, or a question of semantics?

The Procurement Act 2023 received Royal Assent on 26 October; the link to the Act has now been published

The Procurement Act 2023 will come into force in October 2024 (date to be confirmed). The secondary legislation that will sit under the Procurement Act 2023 will be laid before Parliament in early 2024. These regulations will contain some of the detail as to how the Act will work in practice. During the implementation phase, we will be providing updates on what the Procurement Act 2023 will mean in practice for contracting authorities now that the content has been agreed by both Houses.

The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023 now in force

These Regulations make amendments to United Kingdom Public Contracts Regulations 2015 (the “PCR”) and other procurement regulations for the purpose of implementing two free trade agreements entered into by the United Kingdom (“the FTAs”), one with Australia and the other with New Zealand. The changes are made under The Public Procurement (International Trade Agreements) (Amendment) Regulations 2023.

The real costs of negligence claims – who pays?

Niloo Bozorgi looks at the costs of clinical negligence claims for independent practitioners and upcoming changes that will affect them.

The role of Federations and GP provider organisations going forward

It's been reported in Pulse that GP federations will not count as primary care networks 'in most cases’ and that “Practices will have just a couple of months to join new primary care networks if they are to qualify for a significant amount of funding being invested in the organisations by NHS England" - all part of the new five-year framework for GP contract reform to implement The NHS Long Term Plan.

Thinking of changing your practice structure? You may be eligible for Government funding

Organisations seeking funding are required to submit an expression of interest to DCMS by 21st February 2019

Time to say goodbye?

Julia Gray looks at how settlement agreements can be used effectively by employers.

To terminate or not to terminate?

The Court of Appeal recently considered a case which is of interest to all NHS primary care contractors, and particularly those who provide services under pilot contracts or other temporary contracts which are ancillary to their core NHS contracts, as well as being of general interest from a contract law perspective.

Trade Union Act 2016 – how will the legislation impact on the healthcare sector?

The Trade Union Act 2016 (“the Act”) results in significant changes to the right to strike and the power of trade unions.

Trust Matters

“Trust Matters”. These are the bywords of the Charity Commission for its recent report on public trust in charities, issued in July.

Trust Matters

“Trust Matters”. These are the bywords of the Charity Commission for its recent report on public trust in charities, issued in July 2018.

Trusts and local partners taking bold approaches to overcome workforce challenges and meet local population need

The move to integrated care and partnership working between health and care organisations can help the sector to overcome severe workforce challenges, according to a new briefing from NHS Providers with input from Hempsons.

Update – Tax changes to termination payments

Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.

Update – Tax changes to termination payments

Back in the 2016 Budget, the government announced that from April 2018, it would “reform and simplify” the taxation of termination payments. Following a technical consultation, the reforms expanded and now aim to "clarify and tighten" (i.e. increase) the taxation of such payments.

Update on Implementation of the Liberty Protection Safeguards

A letter dated 16 December 2021 from Helen Tabiner, Deputy Director, Service Quality, DHSC addressed to the LPS National Steering Group Members acknowledges that the aim of implementing LPS by April 2022 cannot be met.

Updates to Furlough Guidance

In the last week the government has released two further versions of the Coronavirus Job Retention Scheme guidance. The scheme is due to go live on Monday 20 April. We know some practices have been considering furloughing staff, although it is not entirely clear whether they are eligible.   

Updating your partnership deeds

There have been significant changes in GP primary care and Justin Cumberlege, a partner in our GP team, highlights what needs updating in partnership deeds

Urgent NHS Vacant Space Requirement

Hempsons, as a member of the Primary Care Premises Forum, has been asked to assist with the urgent collection of data on vacant and to let primary care accommodation for potential use during the current Covid-19 emergency. 

Vento bands for 2025/2026

Updated Vento bands have been released by the Presidents of the Employment Tribunals for England & Wales. 

Visiting arrangements in Care Homes  – New Guidance 2 December 2020

New Guidance has been implemented from 2 December 2020 (Visiting care homes during Covid 19 DHSC).

Visiting in care homes fundamental standard: CQC’s final guidance

CQC’s final guidance on visiting and accompanying in care homes has now been published for providers.

Voluntary overtime v. right to holiday pay

Regular voluntary overtime be taken into account when calculating holiday pay. The EAT has confirmed in Dudley Metropolitan Borough Council v Willetts and Others that “remuneration linked to overtime work that was performed on a voluntary basis could be included in normal remuneration for calculating holiday pay”.

Welcome to Hempsons’ Dental Newsbrief

2017 has certainly been a year of mixed fortunes for the UK dental profession. The continuing collateral damage caused by the UDA system in England and Wales has been heightened by the scale of the financial clawbacks from NHS contract holders – these clawbacks have become more frequent, and they are often larger. But the less obvious and more troubling consequence is that this money recovered from dental contract holders is being redeployed elsewhere in the NHS rather than being reinvested in dentistry, and is effectively a cut in dental funding.

What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?

Certain types of personal data must be treated with particular care due to the sensitive nature of that personal data. This is of course common sense. ‘Health’ comes under what the ICO (Information Commissioner’s Office) calls the ‘special category’, making it a mandatory obligation to comply with the GDPR and more especially if you work in the health professional field.

What contract to use when taking on staff

Are you considering taking on staff, but unsure about the basis on which to engage them? Should you opt for a free-lancer, or offer an employment contract? This article addresses the most common questions about employment status, with particular focus on the risks and benefits of self-employment.

What exactly is the Court of Protection? Philippa Doyle appears in Care Home Management

Philippa Doyle appears in Care Home Management's March/April issue to discuss Court of Protection.

What is your liability for repairs?

What type of surgery lease do you have and what is the extent of your repair liability? You need to know, or you could end up with a bill of destabilising proportions.

What next for primary care networks?

Kirsty Odell, senior solicitor in the corporate healthcare team of law form Hempsons considers whether a corporate structure would benefit primary care networks

What now: Vaccination as a Condition of Deployment

Yesterday evening, Sajid Javid announced a reversal of government policy to implement mandatory vaccinations throughout much of the health and social care sectors.

What to consider when purchasing a care home – The legal aspects

Buying a care home is a complex business transaction which will require considerable time and dedication on your part. Whilst the rewards will no doubt be satisfying, the legal process is not always straight forward and it requires input from specialist legal advisors who are experts in both business law and health and social care law.

What to consider when purchasing a care home: the legal aspects

The process of buying a care home requires input from specialist legal advisors who are experts in both business law and health and social care law. When purchasing a care home, you should consider the following...

What type of company should our PCN be?

Justin Cumberlege, from specialist healthcare law firm Hempsons, provides some guidance on the type of company you may want for your primary care network and whether a community interest company might be right for you.

What you need to know about new partner incentive payments

The NHS New to Partnership Payment Scheme (N2PP) provides funding to encourage clinicians to take on partnership roles in GP practices. In this article, Alison Oliver (a partner at Hempsons) runs through the main features of N2PP and summarises some key considerations for both the practice and for a new partner joining a practice.

What’s in a name? Sometimes, a manifest error

The High Court has handed down judgment on 20 June 2022 in Braceurself Limited v NHS England [2022] EWHC 1532 (TCC). Hempsons procurement team discuss the case.

What’s new in employment law…?

What’s new in employment law…? In this article we highlight some recent employment law changes and developments, which are of particular relevance to employers managing negotiations with departing employees and the financial entitlements of such staff.

When does notice take effect?

The Supreme Court handed down a judgment last week in the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood confirming that where a contract is silent on when notice is deemed to be given, notice takes effect when it is actually received by the employee and they have read it, or had a reasonable opportunity to do so.

When will the Procurement Act 2023 need to be followed?

Andrew Daly discusses the new Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 and how these will work with the previous regulations.

Whistleblowing and Covid-19: implications and key considerations for GP practices

Covid-19 has brought safety concerns and whistleblowing protections into sharp relief. Martin Cheyne explores some implications for practices to watch out for.

Whistleblowing dismissals – Employment Appeal Tribunal decision

Kong v Gulf International Bank (UK) Limited Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.Kong v Gulf International Bank (UK) Limited. Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.

Who employs your PCN staff? What’s the risk?

NHSE hosted a Twitter chat yesterday on PCN workforce. Much of the focus was around recruitment issues, but accountability for and by PCN is crucial.

Who regulates the regulator – part two

In January 2020, we saw troubling reports of flawed reporting processes, with the CQC retracting a not insignificant number of reports due to duplication, necessitating re-inspections to enable providers to have confidence in the CQC’s ratings and findings.

Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?

O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.

Working group to lead medical manslaughter review announced by GMC

Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession

Wrongly losing a contract – not necessarily a “sufficiently serious” breach of procurement law?

Second article on the decision in Braceurself Limited v NHS England [2022]

You’re all in it together

A Declaration of Trust is a useful tool for independent practitioners to protect valuable property investments and exposure to unforeseen liabilities. 

Zero hours and annual leave

Many employers choose to calculate holiday pay for their zero hours workers as 12.07% of their normal pay. A recent decision by the Employment Appeal Tribunal, Brazel -v- The Harpur Trust (2018), may lead to some employers rethinking this.