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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 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

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.

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...

Adam Smith Appointed as Assistant Coroner for Inner North London

We are pleased to announce that one of Hempsons’ partners, Adam Smith, has today been appointed as Assistant Coroner for Inner North London (based in St Pancras and Poplar).

Adam Smith Appointed Assistant Coroner

We are pleased to announce the recent appointment of Eastwoods partner, Adam Smith, as Assistant Coroner for Milton Keynes.

Adam Smith speaks at Disciplinary Tribunals Conference

Adam Smith gave a presentation on 21 September 2017 as an invited speaker at the annual Disciplinary Tribunals conference organised by KNect365.

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.

Advance care planning – a difficult path to tread?

Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.

Annual MEA Conference

Simon Eastwood spoke at the Medical Equestrian Association at their annual conference in Reading on medico-legal aspects of providing care at sporting events.

Annual Renewal for Dentists and DCPs – Are you on top of your Annual CPD statement?

Annual renewal of registration is required by 31 July each year for Dental Care Professionals and 31 December each year for Dentists. Hempsons solicitor Amie Roadnight highlights the key points.

Are employers too quick to suspend employees accused of wrongdoing? Court forces employer to lift eminent doctor’s suspension

The answer this month was a resounding yes in the case of Professor Marjan Jahangiri the first female professor of cardiac surgery in the United Kingdom and Europe who works at St George’s Hospital, Tooting, London.

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 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 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 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.

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 denying the allegations against you be held against you?

Interesting decision in the case of Al Nageim v General Medical Council (Admin) this week. Mr Justice Knowles considered the issue of whether a doctor’s denial of allegations which are then found against them should be used against them when deciding whether their fitness to practise is impaired. 

Capacity to consent to dental treatment: Re TE [2020] 5 WLUK 300

The judgment of Mrs Justice Knowles last week illustrates potential difficulties dentists may face if a patient lacks capacity.

Cardiologist acquitted of sexual offences

Surjit Dubb  (instructing Fiona Horlick of Outer Temple Chambers) successfully defended a cardiologist and general physician who was charged with ten sexual offences against three patients.

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?

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 – campaigning for an election – are you in?

We highlight the key issues for charities, and in some cases, not for profit organisations, who could be caught by election rules and spending thresholds.

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 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.

Claimant found guilty of criminal act cannot claim damages against negligent NHS trust

The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.

Claimant Refused Permission to Appeal

Stephen Hooper, who instructed Jeremy Hyam QC of 1 Crown Office Row, successfully represented a GP at the Court of Appeal, before Lord Justice Floyd.

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: Safar Primary Care Limited

Overcoming challenges as a start-up company from an initial idea to launch, how Safar have adapted to an ever-changing world and market place.

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 Scheme for GPs Launched

On 1 April 2019, the government officially launched the long-awaited Clinical Negligence Scheme for General Practice.

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.

Collaborations – ask the right questions at the outset

Ian Hempseed discusses the importance of early planning.

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”

Concussion in Football: Still Giving Doctors a Headache

Should an independent doctor be available at all matches, solely for the purpose of assessing head injuries?

Consent to treatment in the post- Montgomery era: principles and implications for the dental team

Stephen Hooper has co-authored an article with Dr Igor Blum, Consultant and Specialist in Restorative Dentistry at King’s College Longon, on consent in the post-Montgomery era.

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 Cardiologist faced Fitness to Practise Proceedings

Adam Smith was instructed by a consultant cardiologist who faced fitness to practise proceedings before a Medical Practitioners Tribunal of the MPTS regarding his alleged misconduct outside of the work environment.

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 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: 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 decide not to Prosecute Consultant Surgeon with Gross Negligence Manslaughter

As solicitors, much of our work is behind the scenes, dealing with evidence, documentation and correspondence, and supporting our clients through often difficult, complex and lengthy investigations.

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 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 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.

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).

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.

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.

Dentist’s Fitness to Practise Found Not Impaired

Stephen Hooper, who instructed Betsan Criddle of Old Square Chambers, defended a dentist facing multiple allegations of misconduct and/or deficient professional performance, before a Professional Conduct Committee of the GDC.

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

DNACPR Orders and COVID-19

In this article, Sophie Barbour explores what the law says about the way that DNACPR orders should be made in more detail and consider some practical solutions to difficulties being faced by clinicians in view of COVID-19.

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 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.

Dr Bawa-Garba Restored to the Medical Register

Following a hearing at the Medical Practitioners Tribunals Service (MPTS) this week, Dr Hadiza Bawa-Garba has been permitted to return to clinical practice.

Dr Bawa-Garba Successful in Appeal Against Erasure

In a judgment released today, the Court of Appeal has quashed the decision of Ouseley J that Dr Hadiza Bawa-Garba be struck off the medical register.

Dr Carneiro

Former client, Dr Eva Carneiro (see news, 7 June 2016) has given an interview to French journalists.

Dr Carneiro representation

We represented Dr Eva Carneiro in her Employment Tribunal Claims against Chelsea Football Club and Mr Jose Mourinho.

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.

Eastwoods Recognised in Legal 500 for Professional Discipline and Crime

Eastwoods Recognised in Legal 500 for Professional Discipline and Crime

Eastwoods Recommended in Legal 500

Eastwoods is pleased to announce that we have once again been recognised as a leading firm in the Legal 500 for Crime and Professional Discipline.

Eastwoods Representing Team Sky Doctor

Simon Eastwood, instructing Mary O’Rourke QC of Old Square Chambers, is representing Dr Richard Freeman in respect of his ongoing proceedings before the Medical Practitioners Tribunal Service.

Eastwoods Supports Police Officers

We are delighted to announce that Eastwoods has recently been added to the Legal Service Providers Panel of the Police Federation of England and Wales.

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.

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.

Entry on to a GDC Specialist List

Any dentist with full GDC registration can apply to join one or more of the GDC’s 13 Specialist Lists, which would enable them to use the title “Specialist” in their chosen discipline.

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.

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).

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 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.

Gig economy: informal and flexible – but who has what rights when it all goes wrong?

In the recent judgment in Pimlico Plumbers Ltd and another v Smith [2018] UKSC 29, the Supreme Court ruled that a plumber who paid tax as a self-employed contractor was a worker with rights to bring Employment Tribunal claims outside the contract. Jean Sapeta explains why and what it means for you.

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 Sets PI Discount Rate at -0.25%

After months of anticipation, following a review by the Lord Chancellor earlier this year, the Government has confirmed that the discount rate applicable to personal injury lump sum compensation payments is to be revised to -0.25%.

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

GP Successful in Appeal Before First Tier Tribunal

Surjit Dubb (instructing Andrew Hockton of Serjeants’ Inn Chambers) successfully advised and represented an Appellant GP before the First Tier Tribunal.

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.

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.

haysmacintyre & Hempsons Hospice and Care Benchmarking Report

Welcome to the latest edition of the haysmacintyre and Hempsons Hospice and Care Benchmarking Survey Report.

HCPC Interim Order Application Resisted

Eastwoods represented a physiotherapist in successfully resisting an application by the Health & Care Professions Council to impose an interim order restricting his registration, following an allegation of sexual misconduct.

HCPC Success

Adam Smith recently represented a social/youth worker on an application by the Health & Care Professions Council for an interim order restricting his registration.

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: Mind your Ts & Cs – the biggest lie on the internet?

Building on the previous articles in this series which look at key legal issues doctors need to consider when starting up a healthcare business, we now turn to the contractual terms and conditions. Now, a number of people have noted that legal terms and conditions on websites and in mobile apps play a key role in what has been called ‘the biggest lie on the internet’.

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 announces partner and associate promotions

Hempsons is delighted to announce this year’s round of partner and associate promotions.

Hempsons appoints Stephen O’Reilly as new head of charities and social enterprise

We are thrilled to announce the appointment of Stephen O’Reilly as our new head of charities and social enterprise.

Hempsons assist police officer to retain his job following Operation Focus

Earlier today our client PC Andrew Ferguson was one of six officers to appear for sanction to be determined in the proceedings phase of Operation Focus, an investigation which commenced in April 2018 with the covert monitoring of SOCU (Serious and Organized Crime Unit) North, in Hampshire, following complaints of racist, sexist and homophobic behaviour.

Hempsons assists two officers acquitted at Luton Magistrates Court

We are delighted to report that our Regulatory & Crime team is continuing to deliver results for our police officer clients, with two officers acquitted at Luton Magistrates Court on Friday 8th January.

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 excels in The Legal 500 UK 2020

Hempsons celebrates outstanding results in the Legal 500.

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 London office has moved!

The Hempsons London office is now located at 100 Wood Street, London, EC2V 7AN.

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 Social Care Newsbrief Autumn/Winter 2018

Welcome to the latest edition of our Social Care Newsbrief.

Hempsons sponsor Health-Tech Talks

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

Hempsons sponsors table at the Thames Valley Police Federation Bravery Awards 2023

On Thursday 27 April, Hempsons sponsored a table at the Thames Valley Police Federation Bravery Awards 2023.

Hempsons Successfully Defends A&E Associate Specialist

Hempsons' Regulatory & Crime Team has successfully defended an Associate Specialist in Emergency Medicine, following a two-week Medical Practitioners Tribunal hearing. 

Hempsons welcomes new employment law partner Saira Ramadan

We are thrilled to announce the appointment of Saira Ramadan as a partner in our employment law team, based in our London office.

Hempsons welcomes new partner to head up its employment team in London

Hempsons is delighted to announce that Jon Pearce has joined our employment team in London.

Hempsons welcomes three trainees

We are delighted to announce that three trainee solicitors have started their two-year training period at Hempsons.

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.

Hempsons’ Regulatory & Crime team hosts the annual conference of the Pharmacy Law & Ethics Association

On Tuesday 25th April, Hempsons’ Regulatory & Crime team hosted the annual conference of the Pharmacy Law & Ethics Association (PLEA), at our London office.

Henderson v Dorset Healthcare University NHS Foundation Trust [2020]

Pleading ex turpi causa is attractive for defence solicitors but, historically, it has been a difficult defence to succeed with. Defendants needed to establish both causation (that the injury was caused by the illegal act, rather than the alleged negligence) and proportionality (that the crime was so serious that the claimant should not be awarded damages).

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 powerful is the owner of a company?

Justin Cumberlege concludes his series on having an incorporated practice by looking at the members’ powers.

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 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.

Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

The Human Fertilisation and Embryology Regulations 2020 come into force on 1st July 2020. Click here to read our summary.

If in doubt – declare!

In the case of Dad v GDC, [2021] EWHC 1376 (QB), the Honourable Mrs Justice Collins Rice considered the issue of declarations to the GDC in an application for restoration to the register.

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 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.

Indemnity cover – what you need to know

All doctors and other healthcare professionals should be aware of the need for insurance or indemnity cover, but from time to time I am referred a client who, for one reason or another, doesn’t have cover for a case – be it civil litigation, regulatory (GMC) proceedings or a criminal investigation. This can be a disaster for many reasons.

Information Commissioners Office: data protection fining guidance

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

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.

Interview with former Hempsons senior partner Chris Morris

In this interview with Adrian O'Dowd, first published in the British Dental Journal in Oct 2021, Chris Morris talks about his time as a dentist, love of travel and the lessons he learned during his 30 years at Hempsons. 

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 a Trial Period a Reasonable Adjustment?

What employers should note from the new EAT ruling

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.

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 development update – January 2020

Key legal developments in healthcare and medical law for January 2020.

Key Legal Developments update – February 2017

Key legal developments update – July 2021

Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.

Key Legal Developments Update – June 2017

We’ve highlighted the latest key legal developments within healthcare. The below snapshot of information covers land mark rulings from mental health to inquests and a number of other interesting developments in the legal world.

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.

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

On 1 October 2017 Central Manchester University Hospitals NHS Foundation Trust (CMFT) and University Hospital of South Manchester NHS Foundation Trust (UHSM) merged to form the largest NHS foundation trust in the country: Manchester University NHS Foundation Trust (MFT).

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.

Medical Objects Left Inside Patients

We have had recent success in obtaining a discontinuance against the Defendant Trust in a claim involving a foreign object left in situ. Broadly, the Claimant (“C”) alleged that surgeons negligently left plastic coating in his body following removal of a spinal cord stimulator wire that had been in place for 12 years. The plastic coating of the wire was left in situ causing a low-grade infection and C suffered from related symptoms for around two years.

Medico Legal Magazine – Duties of an expert witness: the importance of knowing your limits

Regulatory expert, Stephen Hooper, highlights the importance of remaining objective as an expert witness.

Meetings and communication – are your members properly engaged?

Nadeem Azhar discusses the options available to charities who want to streamline their membership and update how they communicate with members.

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 Care Models and STPs roundup: February 2017

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

New partner Justin Cumberlege further strengthens Hempsons’ primary care team

Hempsons’ successful primary care team has been further strengthened by the arrival of another nationally-renowned sector leader, as GP specialist Justin Cumberlege joins our London office as a partner.

New Sentencing Guidelines for Manslaughter Published

The Sentencing Council has this week published definitive guidelines for those convicted of manslaughter offences in England and Wales.

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: 2017 General Election – Purdah

The Cabinet Office has published new guidance about maintaining the impartiality of the civil service and public bodies in the period leading up to the 2017 election – often known as purdah.

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: Charity Commission publishes report on tackling abuse and mismanagement in the charity sector

Newsflash: Consultation on further changes to the NHS Pension Schemes

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: Court of Appeal determines that Cheshire West does not apply in acute care settings

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: Digital Health Services and the CQC

Building on the CQC guidance issued in March this year for digital health providers (see http://www.cqc.org.uk/file/1295582) the CQC has issued an update on issues uncovered in a number of recent inspections, particularly in relation to online prescribing.

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: GOC Guidance

Hempsons' Regulatory and Crime Team have put together a comprehensive summary of the guidance provided by the General Optical Council in response to the COVID-19 pandemic.

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: Hospital Resources Amid Covid-19

On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.

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: Manchester merger cleared

In a landmark decision the Competition and Markets Authority (CMA) has approved the merger of Central Manchester University Hospitals NHS FT and University Hospital of South Manchester NHS FT.

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 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: 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: R (on the application of 1) Silviu Mitocariu, 2) Costica Lazarel) v Central & North West London NHS Founda...

Is there any legal obligation on NHS Trusts to make regular payments or give ‘pocket money’ to hospital in-patients detained under the Mental Health Act 1983 when they cannot meet any personal expenses themselves?

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: 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: Updated GMC Guidance on Confidentiality 2017

On 25 April 2017, the updated GMC Guidance, Confidentiality: Good Practice in Handling Patient Information (“the Guidance”) comes into effect

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 Counter Fraud Authority

On 2 November 2017 the NHS Counter Fraud Authority has launched. It is tasked to ‘lead the fight against fraud, bribery and corruption in the NHS’. The new organisation replaces NHS Protect.

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’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 hospital consultant surgeon with unblemished record summarily dismissed even though no gross misconduct

The consequences of summary dismissal from a professional role for misconduct are grave and life disrupting – the abrupt loss of a hard won high status career and earning capacity, possible referral to a Regulator (GMC etc) and intense personal distress.

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.

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?

Ophthalmic Surgeon Successful in Unfair Dismissal Claim Against Trust

Simon Eastwood, who instructed Ben Collins QC, successfully represented a Consultant Ophthalmic Surgeon in a claim for unfair dismissal and breach of contract.

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.

Organ donation update

The Organ Donation (Deemed Consent) Act 2019 Regulations 2020, obtained Royal Assent in March 2019 but came into power on 20 May 2020. This means that Organ donation in England has moved to an “opt out” system. Click to read our summary.

Paediatrician Successfully Appeals Immediate Order of Suspension Imposed by the Medical Practitioners Tribunal Service

Surjit Dubb  (instructing Andrew Hockton of Serjeants’ Inn Chambers) successfully advised and represented a paediatrician with her appeal against an immediate order of suspension imposed by a Medical Practitioners Tribunal of the MPTS.

Partner and associate promotions

We are delighted to announce this year’s round of partner and associate promotions, providing a major boost to our Healthcare Litigation and Real Estate teams.

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.

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. 

Pectus Excavatum and Surgical Intervention

Pectus Excavatum is a congenital deformity where the ribs and sternum grow abnormally forming a caved-in chest wall. In most patients, the only symptom is the cosmetic indentation of the chest although, in more severe cases, there can be respiratory problems and chest pain. Surgery involves placing titanium bars beneath the ribs and sternum to push the chest back out.

Podcast – The need to know on the Network Contract Direct Enhanced Service (DES)

From the contract specifics, to the key considerations and the legal and practical implications in between, this podcast offers a bitesize overview of what primary care should be mindful of before 31 May 2020.

Podcast: Collaborations – Planning to work differently – strategies for collaborations by charities and social...

Following a recent masterclass for Social Club on 'Collaborations - Planning to work differently', Ian Hempseed, partner with Hempsons and Craig Dearden-Phillips, founder of Social Club and a social entrepreneur, produced this podcast discussing key strategies to plan for charity and social enterprise collaborations.

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

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?

Primary care, New Care Models and STPs roundup – February 2017

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

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 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 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.

Record Keeping: A Silver Bullet?

Stephen Hooper has contributed an article to Implant Dentistry Today.

Refresh your governance: new Charity Governance Code

Refresh your governance: new Charity Governance Code. For all Boards of Trustees who are applying the Charity Governance Code, or are thinking of doing so, you need to read the new Code just published. The emphasis is on refreshing the Code and this is not a dramatic rewrite. 

Regulation of Notifiable Diseases

From the 5 March 2020, Covid-19 was added to the list notifiable infectious diseases under the Health Protection (Notification) Regulations 2010.

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.

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.

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.

Rob Newbould and Paul Parsons join Hempsons’ Regulatory and Crime Team

Two new joiners for Hempsons' Regulatory and Crime Team. Rob Newbould will arrive from Slater and Gordon and Paul Parsons from Cartwright King.

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...

Scotland Yard to Review All Ongoing Rape Cases

Scotland Yard has announced that it will be reviewing all current rape and sex abuse investigations, following the collapse of two trials in the space of a week.

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.

Simon Eastwood represents Singapore-based doctor in GMC proceedings

Simon Eastwood, who instructed Adrian Hopkins QC of Serjeants Inn chambers, recently represented a Singapore-based doctor in relation to fitness to practise proceedings brought by the  General Medical Council (GMC).

Simon Eastwood Speaks at Annual Professional Discipline and Regulation Conference

Simon Eastwood spoke at CLT’s Professional Discipline and Regulation Conference 2018, as part of a Panel of speakers from leading firms and barristers’ chambers.

Simon Eastwood successfully defends coach

Simon Eastwood, instructing Mary O’Rourke QC and Daniel Glover of Old Square Chambers, acted for an individual who faced an appeal by the national governing body of their sport.

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.

Small print for start-ups

For businesses both big and small it is all too commonplace for contracts to be agreed without either reading or understanding them.

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.

Speaking truth to power – new whistleblower rights for NHS staff and other employees

Article by Jean Sapeta. Whistle blowing protection boosts for NHS professionals.

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.

Stephen Hooper appears in Modern Dentist Magazine

Stephen Hooper appears in the latest issue of Modern Dentist Magazine to take part in their first Forum. The experts give their opinion to a number of questions focused on risk, clinical negligence and malpractice claims.

Stephen Hooper appears in The Leaders Council podcast

Stephen Hooper invited onto an episode of The Leaders Council podcast, which also included an interview with Lord Blunkett.

Stephen Hooper Successfully Defends Social Worker

Stephen Hooper, who instructed Clare Hennessy of Serjeants Inn Chambers, successfully defended a Social Worker facing allegations of misconduct and lack of competence, before a Conduct and Competence Committee of the HCPC.

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.

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

Supreme Court Approves Withdrawal of Artificial Feeding and Hydration in Cases of Prolonged Disorder of Consciousness

In a landmark judgment this week, the Supreme Court has confirmed that the law does not require hospitals or clinicians to seek the Court’s approval before withdrawing feeding support from patients with prolonged disorder of consciousness.

Surjit Dubb successfully defends surgeon accused of sexual assault

Hempsons professional discipline partner Surjit Dubb successfully defended a surgeon at the Medical Practitioners Tribunal.

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

Telemedicine – clinical negligence considerations

Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.

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 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 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 Hospice and Care Benchmarking Survey Report

The Hospice and Care Benchmarking Survey Report is the third study compiled by Haysmacintyre LLP (haysmacintyre) and Hempsons with the aim of sharing best practice in the sector and enabling management and trustees to assess their own structure, governance and monitoring procedures against other comparable charities.

The impact of Covid-19 on charities and social enterprises

During the last few weeks we have had a number of questions and queries from Charities and Social Enterprises regarding the impact COVID-19 has had on their organisations. Hempsons specialist legal teams have collated a Frequently Asked Questions document that may help you with your own current situation.

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 post-Brexit route to getting your non-UK dental qualification recognised in the UK

The regulatory process for recognition of dental qualifications obtained outside of the UK has always proven somewhat challenging.

The Primary Care Premises Forum: Rent Review and Lease Renewal Guidance for GP Tenants

The Primary Care Premises Forum (PCPF) has published a guide to help GPs through the complex process of rent reviews and lease renewal.

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 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.

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 came into effect on Thursday, 9 April 2020. Myles Evans provides a summary.

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

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 HSSIB/ MNSI

There will be a 6-month delay until the establishment of the Health Services Safety Investigations Body (HSSIB) and the Maternity and Newborn Safety Investigations Special Health Authority (MNSI).

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. 

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 the opportunities with GP Primary Care Networks?

Since April 2019 all GP practices have been strongly encouraged to form Primary Care Networks (PCNs) covering a population of 30,000 – 50,000 people.

What are the requirements of the new HMO Regulations?

Adam Smith, Partner at Eastwoods, talks about the new rules regarding HMOs whilst, as the first in a series of complementary articles, Quentin Hunt, a barrister and expert in the field, explains more of the consequences of non-compliance.

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 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 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 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 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.

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.

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 is in charge if a GP practice is a company?

In his previous articles, Justin Cumberlege explained why forming a company could be a good idea for growing GP practices. This article looks at the role of the director.

Why do we have companies when we can have partnerships?

One of the issues legal expert Justin Cumberlege often has to explain to practice managers is the difference of running a practice as a company, rather than a partnership. Here he takes an in-depth look at the subject and why the change can be of benefit to GPs.

Will NHS England’s plan to ‘de-risk’ GP premises leases work?

Bryn Morgan assesses NHS England's plan for other NHS bodies to take on the liabilities for GP practice leases.

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

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.