- healthcare advisory
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Rachael specialises in the provision of advice to and acting for NHS public bodies, in particular commissioners and healthcare providers on a wide range of legal matters.
In particular, Rachael regularly advises and represents Integrated Care Boards and NHS Trusts in Court of Protection cases, ranging from Section 21A applications to complex welfare cases and serious mental and medical treatment cases.
In addition to Court of Protection work and the provision of Mental Capacity Act and Mental Health Act advice, Rachael advises and represents NHS clients at coroner’s inquests.
Rachael also practices in the growing health and social care sector, providing advice and support to various social care and private health providers as well as challenges and appeals to the regulatory body. Rachael also acts on behalf of the Care Quality Commission in respect of appeals, which allows an in-depth knowledge and insight into social care issues from both a provider and regulatory perspective.
Main areas of expertise
- Mental capacity law and court of protection
- Mental health law
- NHS continuing healthcare
- Commissioning decisions and disputes
- Information governance
- Social care
The clients Rachael works with
- NHS commissioning bodies
- NHS mental & acute trusts
- Social care providers
- Care Quality Commission
- Postgraduate Diploma in Legal Practice (2017)
- Postgraduate Diploma in Bar Practice (2013)
- LLB (Hons) Degree, University of York (2011)
Rachael Hawkin discusses Court of Protection proceedings s.21A Mental Capacity Act 2005 challenges
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.
Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.
The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions.
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).
In this, the third reported Covid-19 vaccination case, Hempsons represented the applicant CCG.
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.
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.
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.