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Regulatory & Governance

Healthcare is a highly regulated industry for both the public and private operators. Experienced legal advice is vital in order to ensure proposals and processes meet the required standards and often time consuming questions about compliance are avoided.

Our exposure to both the NHS and to private healthcare operators means that we are able to advise on a wide range of often complex issues including:

  • vires
  • governance
  • regulatory compliance
  • compliance under the Care Standards Act 2000 and related regulations

Our experience in this area includes:

  • Advising social care businesses on structural and strategic compliance issues.
  • We provided a secondee to Dept of Health to assist in formulation of policy and legislation to establish NHS foundation trusts in England. We also prepared the draft model-form constitution for applicant trusts.
  • Advising University Hospitals Birmingham NHS Trust on their successful application for Foundation Trust status.
  • Advised a Foundation Trust on the restoration of a green governance rating by Monitor after it had been downgraded to amber in connection with a complicated PFI project.
  • Members of our team worked on the establishment of NHS Trusts and the transfers in 1990/91 to create the first wave of NHS Trusts.