Social care

Comprehensive legal support for providers

The inter-relationship between healthcare commissioners and providers and social care provision is complex and we are uniquely placed to advise on governance and provision in these integrated sectors.

Key services and issues

  • CQC regulatory issues
  • Health and safety matters
  • Employment law
  • Commercial property
  • Corporate and commercial
  • Charity law
  • Dispute resolution
  • Coroner’s inquests
  • Social Care regulation and care standards
  • Care homes
  • Care in the community
  • Child protection
  • Continuing care and funding
  • Section 117 provision
  • Protection of vulnerable adults
  • Capacity and Court of Protection
  • Integrated care
  • Section 75 arrangements
  • Data protection for care providers
  • Social care advice line

We are here to help with your dealings with the CQC. Find out more from our CQC resources page.

Stay up to date with legal issues for the sector with our social care blog

Our expertise

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

We have advised on funding responsibilities of health and social care providers, displacement of a nearest relative pursuant to the Mental Health Act and Section 117 responsibilities. The team have also advised a local authority in relation to issues concerning a nineteen year old who lacks capacity, pursuing welfare proceedings in the Court of Protection. Section 75 agreements are another area where we have established expertise. We have worked on a number of agreements between commissioners and local authorities in relation to the deprivation of liberty safeguards, utilising the expertise of our social care, mental health and commercial teams. Our commercial contracting, procurement, dispute resolution, employment and regulatory expertise come together to deliver a full package of support to social care providers, ranging from interviews under caution for alleged mismanagement of clients monies, to allegations of defamation against local authority staff who were alleged to be discouraging service users from utilising a particular provider agency.

We have assisted in the set up of provider forum organisations to bring providers together, provided training on fundamental standards of care and the duty of candour, addressed zero hours contracts and disciplinary matters with staff. We provide proactive guidance and support to providers, most recently in engaging with the proposed national living wage. We support social care providers with information governance issues, represent providers at Inquests and manage contractual negotiations and disputes. Our real estate team support providers with a full range of estate management support from sale and purchase of a care home to leases of independent living properties.

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

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

Free advice line for social care providers

Our social care team is well placed to assist with a wide range of legal issues including areas such as CQC inspections and reports, employment issues, local authority safeguarding alerts and disputes with local authorities.

The advice line is open between 9am – 5pm, Monday to Friday and offers up to 15 minutes of free preliminary advice on a range of issues.

To access the advice line call 01423 724056 quoting ‘social care advice line’ or email socialcare@hempsons.co.uk.

See all our social care resources

 

In supporting the sector we work closely with:

Care England – is the leading representative body for independent care services in England.

Independent Care Group – ICG is the recognised representative body for independent care providers (private and voluntary) in York and North Yorkshire.

Bradford Care Association – BCA brings unity to care providers in the Bradford district, helping them to work in partnership for the good of everyone in the social care sector.

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