Michael Rourke

What Michael can do for you

Michael has experience advising a wide range of clients operating across the health and social care sectors. Michael frequently advises on challenging contracting and regulatory issues facing health and social care organisations going through periods of difficulty or change.

Michael has both contentious and non-contentious practice areas. His current focus is on NHS mergers, new care models and on other projects and transactions, including governance matters.

Recent advices on NHS service reconfigurations/service changes includes:

  • Partnership and collaborations advising health providers, including NHS GP federations and others, and the implications of the Five Year Forward View and Dalton Review on new structures for health provision including issues concerning the structure, governance and oversight of novel arrangements.
  • Tower Hamlets CCG – advising on the Alliance agreement between the participants in the new Alliance for community health services.
  • Healthier Together – advising the 12 Greater Manchester CCGs on issues including vires of the service reconfiguration and the subsequent judicial review challenge to this major service reconfiguration.
  • Manchester Mental Health and Social Care Trust – advising the Trust on a Judicial Review challenge brought to prevent closure of a service.
  • Advising on transfer of service contracts from NHS Bodies to alternative NHS and private provider

Recent advice on NHS transactions includes:

  • Merger of Central Manchester University Hospitals NHSFT and University Hospital South Manchester NHSFT – part of the commercial team advising both FTs on due diligence and transaction documentation.
  • Acquisition by Peterborough and Stamford Hospitals NHSFT of Hinchingbrooke Health Care NHS Trust – part of the commercial team advising NHS Improvement, as vendor of the Trust, on the acquisition including carrying out comprehensive vendor due diligence on the Trust’s business. This transaction completed on 1 April 2017.
  • Mersey Care NHS Foundation Trust’s proposed acquisition of South Sefton Services from Liverpool Community Health NHS Trust– advising on the Trust’s proposed acquisition for part of Liverpool Community Health NHS Trust, including advice on the procurement process, due diligence and transaction documents.
  • Salford Together – advising Salford Royal NHS Foundation Trust and its partners on the creation of the ground-breaking vanguard Integrated Care Organisation, including in relation to the acquisition of the adult social care business of Salford City Council.

Recent advices on NHS Contracting arrangements:

  • Advising three Trusts on collaborative outsourcing of facilities and catering service contracts.
  • Advising on the variation of a substantial long term contract between an NHS Foundation Trust and a sub-contractor.
  • Advising on the contract termination options where a private provider was acting under a sub-contract for a Trust delivering services in a specialised setting.
  • Advising on a substantial claim for damages following termination of contract by a Trust.
  • Various advices on queries relating to contractual provisions in the NHS Standard Contract and non-standard contracting arrangements concerning the provision of clinical and non-clinical support to Trusts, CCGs and providers.

Governance Advice:

Advising CCGs on

  • Commissioning Decisions and Governance Issues
  • Constitutional requirements and amendments
  • Joint commissioning
  • Membership eligibility

Regulatory Advice:

Advising the CQC on

  • Judicial Review proceedings challenging decision making/procedure;
  • First Tier Tribunal proceedings contesting decisions.

Main areas of expertise

  • Contracting and regulatory issues in healthcare
  • Governance and structure of healthcare organisations
  • Partnership and joint venture arrangements

Range of clients he works with

  • NHS foundation trusts
  • NHS trusts
  • Individual, partnership and corporate healthcare providers
  • Independent sector social care providers
  • Charities

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