Independent Health and Care update
Autumn 2023
Independent Health and Care update – Autumn 2023
Welcome to our latest Independent Health newsletter
Welcome to our latest Newsletter of 2023, detailing everything you need to know about the latest operational and corporate legal news and updates.
In this newsletter, we will be covering issues surrounding virtually reducing claims in health and social care, harnessing value-based healthcare to address challenges in global healthcare provision, providing a number of employment and regulatory case law updates and consider reviewing our top tips for acquiring new care home premises. Additionally, we will give insight into the Government’s consultation published around the licensing of non-surgical cosmetic procedures in England.
We also shine a light on our upcoming programme of free events for you to attend, including:
- Our Mental Health Providers Forum
- An update on the latest position of the Mental Care Act at Deprivation of Liberty Safeguards
- Obstetrics cases in the Court of Protection
- An essential guide to competition law for in-house solicitors in the UK.
Our thanks go to the contributors to this edition of the newsletter and we have tried to focus on issues of a wider interest - if there is something in particular that you would like to see more of in future then please do let us know.
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News and views - what you need to know
Thought leadership on the health and social care sector
Care operators - is your lender ready, steady to lend?
As the usual summer recess comes to an end, professionals across various industries are returning to work, feeling refreshed and energised and with a renewed sense of purpose.
Monica Macheng (Head of Corporate Healthcare), asks Derek Breingan (Head of Health and Social Care, Virgin Money), and Dan Hewitt and Stephen Wilson (Healthcare Directors, Cynergy Bank) how care home operators can ensure they are engaging with the right sector lenders to support with their funding needs. Read more
Virtually reducing claims in health and social care
The dawn of artificial intelligence is upon us. Innovation is presently ‘the’ buzz word, with some organisations prepared to spend millions to be the first to harness its benefits.
Legal Director Sion Davies examines the opportunities and insights and how things might move forward in the independent health sector. Read more
Harnessing value-based healthcare to address challenges in global healthcare
Value-based healthcare is capable of being implemented in both public and privately financed systems. While the concept may be optimally implemented across full cycles of care to achieve the benefits of scale, its principles can also be applied on a smaller scale in respect of individual products and services.
Robert McGough and Gemma Badger from our Health Commercial team explore the topic in more detail, ahead of their attendance and speaking at this year’s ICHOM conference. Read more
Social Care
Acquiring new care home premises - three tips for a smooth purchase from real estate lawyers
Usually, the largest and most expensive asset (in terms of upfront cost) that will be acquired when purchasing a new care home, is the property out of which the home is operating. It is important therefore to go into the acquisition process with a good understanding of the steps required from a real estate perspective and the possible issues that might be identified.
Alexandra Maleedy of our Health Real Estate team considers some of our top tips for a smooth care home acquisition process. Read more.
Care home providers - key themes arising from recent coroner’s inquests
The issue of falls risks for social care organisations, is a key theme arising out of recent coroner’s Inquests (May-July 2023). Coroners have recently issued Prevention of Future Deaths (PFD) reports in respect of two separate cases involving falls risks in care homes.
Health and social care organisations will be familiar with the issues that arise in respect of falls risks. It is helpful to be aware of the issues of concern to coroners, as this may inform an organisation’s own response and assist in dealing with this in advance of any forthcoming inquests which raise similar issues. Read more
Regulatory Updates
Licensing of non-surgical cosmetic procedures in England - government consultation now published
On Saturday 2 September 2023, the much-anticipated government consultation into a new licensing scheme for non-surgical cosmetic procedures was launched. In what has been described as ‘the biggest shake up in a generation’ by the Joint Council for Cosmetic Practitioners (JCCP), the proposed new licensing scheme will make it an offence for anybody to carry out non-surgical cosmetic treatments without a practitioner and a premises licence in England. Senior Associate, Alaw Krishan-Gray, provides an overview of the latest position. Read more
Employment Updates
Was dismissal for use of the ‘N-word’ in race awareness training unfair and discriminatory?
Training in equality, diversity and inclusion can contribute towards showing that the employer has taken ‘reasonable’ steps to prevent discrimination, harassment and victimisation. Due to its sensitive nature, such training must be handled carefully, and participants must be given clear boundaries for acceptable and unacceptable conduct. An employment tribunal has recently considered whether an employee was unfairly dismissed and subjected to discrimination arising from disability when he was dismissed for gross misconduct after he used the ‘N-word’ in a race awareness training session.
Emma Ahmed of our Employment team delves into the tribunal. Read more
Professional Care Workers’ Week: Recognising the essential role, rights, and future of care workers…
As we mark Professional Care Workers’ Week 2023, it is an opportune time to celebrate care workers who are the backbone of our social care system and to review the rights which protect them. These individuals, numbering 1.54 million, play an indispensable role in our communities and the demand for their services is only growing.
This article recaps on the rights of care workers and considers the future of this sector, including cross-skilling and collaborative efforts. Read more
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Client news
Hill Dickinson advises Johnson Service Group on €31.5m Irish acquisition
We advised workwear and hospitality industry textile business Johnson Service Group on the acquisition of a leading Irish linen supplier, Celtic Linen, in a deal worth €31.5 million.
Runcorn headquartered Johnson Service Group aims to use the acquisition of Celtic Linen to expand its range and scale of services, including further diversification of its customer base into the healthcare sector. Read more
We advised London wellness disruptor Until on a recent investment round that will help drive further expansion.
The deal sees entrepreneur and star of Dragon’s Den Steven Bartlett not only invest as part of the wider investment round but give his personal backing to the business by joining the board of Until in an executive role as marketing co-founder to help shape the brand and support its expansion into the US. Read more
Hill Dickinson advises Pitalia Capital on £12 million online pharmacy investment
We advised Pitalia Capital on a £12 million cash injection into online pharmacy Chemist4U.
Chemist4U and bespoke weight management clinic myBMI form part of JCCO Healthcare with the backing set to “turbocharge” the businesses’ growth, according to chief executive James O’Loan. Chemist4U handles 190,000 orders a month and is expected to hit £29 million turnover in the 12 months to the end of September, with MyBMI on track to hit £10 million turnover in 2023/24. Read more
Hill Dickinson advises PAM Group on Irish wellbeing company acquisition
We advised the Warrington-based occupational health and wellbeing specialist PAM Group on the strategic acquisition of an Irish wellbeing business for an undisclosed sum.
In the LDC-backed firm’s third acquisition of 2023, PAM Group has bought Corporate Health Ireland (CHI), a 100-strong wellbeing business that will allow it to expand its geographical footprint and support its target of reaching £80 million in turnover in the next few years; up from £45 million in 2022. Read more
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Upcoming events
Mental Health Providers’ Forum
We are delighted to announce our latest Mental Health Providers’ Forum, bringing together professionals to learn and share experience.
In this forum on Tuesday 7 November at 09:30, we will be discussing some recent case law which is significant for all involved in mental health to be aware of, updated Tribunal practice guidance and the Patient Safety Incident Response Framework (PSIRF), taking you through the key points professionals from all disciplines should be aware of in mental health services. Register here
MCA/DOLs - The latest updates
Join us for a webinar on Wednesday 29 November at 10:00 with the latest updates on MCA and DOLs, where we will consider key areas of development whilst we wait for further details from Government as to the Liberty Protection Safeguards and the proposed amendments to the Mental Capacity Act code of practice.
You’ll also have the opportunity to ask questions of our experts that are most affecting you and your organisation. Register here
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Helpful hints - guides to help you
Non-surgical cosmetic procedures - what’s happening in the Government’s consultation?
On Saturday 2 September 2023, the much-anticipated government consultation into a new licensing scheme for non-surgical cosmetic procedures was launched and can be found here. In what has been described as ‘the biggest shake up in a generation’ by the JCCP, the proposed new licensing scheme will make it an offence for anybody to carry out non-surgical cosmetic treatments without a practitioner and a premises licence in England. Senior Associate, Alaw Krishan-Gray, provides an overview of the latest position. Read more
At the beginning of April 2023, the Department of Health and Social Care announced that the Liberty Protection Safeguards (also known as LPS) will now not be introduced this side of a general election, which is anticipated to be in Autumn 2024.
In this session legal director Joanna Crichton considers the most important questions surrounding the current Deprivation of Liberty Safeguards scheme, the main issues the LPS was designed to resolve and the implications for care providers on the LPS not going ahead. Read more
Death in prison custody inquests video resources
In these sessions Legal Director Elizabeth Wallace unpacks the full proceedings of an inquest following a death in prison custody. From detailing the state’s responsibility and accountability for the welfare of detainees, to how and by whom the investigative report is carried out. Each video focuses on a specific stage of the inquest responding to frequently asked questions and common themes. Read more
Professional healthcare regulation webinar
Our inaugural Professional Healthcare Regulation webinar was held on 20 September 2023, where we covered topics such as the Professional Standards Authority and recent updates on healthcare regulatory case law and latest developments in practice. Ros Foster, Partner and David Reddington, Legal Director gave their insight into the key considerations of Professional Healthcare Regulation at this webinar.
We also considered how medical indemnity providers can best support registrants in fitness to practise proceedings and on concluding matters in a cost effective manner. Read more