HEALTHCARE REGULATORY
The Serjeants’ Inn Healthcare Regulatory team is led by Paul Spencer.
The team has extensive and wide-ranging experience of advising and acting in cancellation cases before the Magistrates Court and First Tier Tribunal.
A number of barristers act for Regulators including the CQC and Monitor. Sir Robert, who chaired the Mid Staffs Inquiry, is a CQC Commissioner.
The bulk of the team’s work is for the independent sector and we have acted for all of the leading providers of care and nursing home beds in the UK.
The team also regularly advises small and medium sized providers on appropriate responses to Enforcement Notices and Notices of Proposal to Cancel Registration. If a Notice is adopted by CQC the team will often work with experts in the field to bring about a satisfactory resolution to First-tier Tribunal proceedings.
The team also works extensively with GP and dental practices who face enforcement action or prosecution under the Health & Social Care Act 2008. Over the last year the team have advised and acted in ten cases where criminal proceedings have been threatened or brought.
A member of the team is an accredited advanced police station advisor and regularly represents clients who face interview under caution with either CQC, the police under the new Criminal Justice & Courts Act 2015 and the HSE and NHS Counter Fraud investigators.
We regularly advise clients on the steps that can be taken to challenge draft critical inspection reports. Where the evidence supports it, we draft injunction applications and represent clients who bring emergency proceedings in the High Court seeking to restrain publication of a damaging and unfair draft inspection report. Recent RCJ applications have been brought on behalf of a domiciliary care provider, a medium sized care provider, a large independent London hospital and an academy school.
In many of our cases there is an ongoing Coroner’s investigation and/or police, HSE or CQC investigation to consider failures or a potential criminal offence. We have the expertise to advise at all levels.
Team members are acutely aware that regulatory and other enforcement action has a damaging effect on the organisation and the staff concerned. Many of the cases we are involved in attract significant media attention and we are able to advise in that regard.
We also act for care homes in relation to health and safety matters, public, employment and medical law and inquests and inquiries.
24 Hour Urgent Advice
Our Healthcare Regulatory team provides a 24 hour service, 365 days a year to arrange for urgent advice and representation on applications including injunctions. For more details about our emergency service please click here.