SPECIALIST HEALTH AND SOCIAL CARE SOLICITORS

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1 SPECIALIST HEALTH AND SOCIAL CARE SOLICITORS QualitySolicitors Burroughs Day

2 SPECIALIST HEALTH AND SOCIAL CARE SOLICITORS Our specialist Health & Social Care Team has built a strong reputation for advising care providers. We act for providers throughout England and Wales and are recommended by a number of regional care associations. We recommend them and only hear good things about their customer relationships and sound advice. Erica Lockhart Chief Executive Surrey Care Association Ltd We are one of the few firms in the country that offer a full range of legal services to care organisations including: CQC inspections and compliance Safeguarding Negotiations with local authorities and CQC Fees and funding HR and employment law Mental capacity, Court of Protection and DOLS Service user contracts Contract disputes Inquests Sales, acquisitions and re-financing Business property and development Debt recovery OUR CLIENTS We work with a broad range of care providers, including: Domiciliary care agencies Residential and nursing homes Supported living services Extra care and assisted living services Housing and support associations DIRECT LAWYER CONTACT We will provide you with a dedicated relationship manager who acts as a point of contact for your enquiries. FREE FIRST ADVICE Whatever legal issue you may need us for, our initial advice is always free. Contacting us won t cost you anything and we are always clear about any services that may incur a cost. FEES We understand that keeping control of your legal spend is important. We offer cost-effective solutions and fixed fees wherever possible. We also offer a discount of 10% if you are a member of one of our partner care associations.

3 HR & EMPLOYMENT LAW ADVICE CQC COMPLIANCE AND INSPECTIONS We will work in partnership with you to achieve the best outcome from any staffing problem, whilst minimising the risk of you facing an Employment Tribunal claim. We provide advice and support on any HR or employment law related issue, including: Managing sickness absence Disciplinary and grievance procedures Complex discrimination and whistleblowing issues Redundancy and business transfers Defending Employment Tribunal claims EMPLOYMENT PROTECTION SERVICE With fixed monthly fees from as little as 100 plus VAT per month, we offer: Expert employment and HR advice by telephone or in writing Drafting letters and documents Review of correspondence, communications and documents to and from staff Employment and social care law e-bulletins We will tailor the service to suit your needs and regularly review it to ensure you get good value for money. ABSOLUTE EMPLOYMENT PROTECTION SERVICE In addition to our Employment Protection Service you can benefit from insurance to cover: The cost of defending you and your business against Employment Tribunal claims Payment of Tribunal awards and settlement payments Defence cover for prosecutions by the Health & Safety Executive Legal representation if CQC refuse, suspend or revoke registration Defence cover for criminal prosecutions STAFF CONTRACTS, POLICIES AND HANDBOOKS We draft robust and tailored employment documents to ensure compliance with employment law, CQC and DBS obligations. We also offer: A free health-check of your existing documents Fixed fees for updating or drafting new documents An unfavourable inspection can have devastating consequences for your business. Compliance issues picked up by CQC can quickly escalate into something more serious, putting the future of your business at risk. We can help you defend your position as well as assist you with putting things right, quickly and cost-effectively. We can provide advice and support with the following: Challenging inspection reports Challenging warning notices and fixed penalty notices Attendance at meetings with regulators and local authorities Challenging cancellation, suspension or variation of conditions of registration Applications for registration I have worked with QualitySolicitors Burroughs Day for well over five years. They are our appointed solicitors as well as our partners in supporting private sector care providers in Somerset and beyond. In both capacities I can say they are exemplary in their common sense and proportionate approach to the issues facing the sector as a whole and the support they give to care businesses individually. I can say with confidence that our members share this view.. Roger Wharton, Executive Officer Registered Care Providers Association Ltd, Somerset QualitySolicitors Burroughs Day is a huge support to us, particularly in the field of employment law. They are always available to offer timely, practical advice to keep us on the right side of the law with over 250 employees. Linda Warren, Managing Director, Bristol Care Homes Ltd

4 SAFEGUARDING We have extensive experience in guiding care providers through the safeguarding process. We will ensure that it is carried out lawfully and help minimise any damage to your business. Seeking advice at an early stage will help ensure that the local authority follows the correct procedure and that you are kept in the loop. It will also prevent the matter from escalating unnecessarily. Once a local authority decides to terminate a contract, it can be very difficult to get it to change its mind. Free First Advice We will discuss the situation and provide some general pointers. Ongoing support We can provide advice on the best course of action, your obligations and help you challenge any unfairness or unnecessary delay by the local authority. We have particular expertise where a member of staff is at the centre of allegations. Preparation for and attendance at Safeguarding Strategy Meetings We regularly help providers prepare for and attend safeguarding meetings and provide practical and commercial advice on managing the complex issues that often arise. Assistance with implementing action points We can help you implement any action points agreed as a result of the safeguarding investigations and assist with bringing the matter to a conclusion as soon as possible.

5 FEES, FUNDING AND DEBT RECOVERY CONTRACTS Regular payment for your services is essential to maintaining a steady cash flow and operating your business. Our debt recovery experts will help to ensure you are paid by your service users or local authority and issue a claim at court if needed. We provide advice and assistance with: Recovery of unpaid care fees In simple cases, we will provide a fixed fee service to help you recover unpaid care fees. For just 99 (inc VAT) we will write to your debtor requesting payment. If they don t pay in response to that, we will issue a claim at court. We can also assist with issues about ordinary residence, CHC funding, delayed assessments or similar. Fee negotiations with local authorities We have experience in fee negotiations with local authorities as well as challenging fee levels in the courts. We have successfully represented a group of care providers in two judicial review actions about fees set by Devon County Council. We have also had success in contractual challenges against local authorities relating to care home fees. If you wish to challenge fees set by local authorities our litigation team can represent you or a consortium of care providers. It is important that your business contracts are compliant, up to date and contain the right contractual terms to protect your interests. We can draft, review and negotiate your essential business contracts, including: Service user contracts We have extensive experience of drafting service user contracts for all types of care provider. We offer a free review of your existing contracts to check whether your business is properly protected. Supplier contracts Equipment contracts IT contracts Funding contracts From the initial drafting to updating your existing contracts, we provide practical advice and a costeffective service.

6 MENTAL CAPACITY AND COURT OF PROTECTION SALES AND ACQUISITIONS Compliance with the Mental Capacity Act is a hot topic for CQC and commissioners and it is vital that you and your staff understand how to apply its principles in practice. Looking after service users without capacity can also bring challenges in relation to DOLS, non-payment of fees and safeguarding. We can help you with: Implementing the Mental Capacity Act Best interests decision making Deprivation of liberty safeguards Applications to the Court of Protection for appointment of a Deputy to ensure a service user s finances are put in order and their care fees are paid Court of Protection disputes Lasting and Enduring Powers of Attorney Whether you are buying or selling a care business it is vital that your advisers have the necessary social care expertise to guide you through the legal and regulatory processes and ensure you are properly protected. We can assure you of: Many years of specialist social care experience covering asset and share purchases Direct partner involvement throughout the transaction Familiarity with the approach of the large corporate providers Efficient and empathetic lawyers who will support you and keep you informed throughout A competitive and transparent fee structure Experience in dealing with CQC registration INQUESTS COMMERCIAL PROPERTY SERVICES In the unfortunate event that circumstances require an inquest to be held, we can help ensure your rights are protected and any risk of damage to your business reputation is minimised. We understand the unique challenges of property transactions within the care sector and will provide focused and practical advice so that the transaction proceeds as efficiently as possible. We can assist with: Applying for you to be treated as an interested party in the proceedings Advice on your rights, for example in relation to disclosure of documents and examining witnesses Preparing documentation, forming a case strategy and drafting witness statements Liaising with the Coroner s office Representation at the inquest Our services include: Site development, sales and acquisitions Re-financing Leases, licences and tenancies Overage Options Property or neighbour disputes

7 BUSINESS PROTECTION & DISPUTE RESOLUTION Protecting your interests and reputation is key to the success of your business. We can help ensure your interests are secure and assist you with taking or defending legal action where necessary. We can assist with: Shareholders Agreements Memorandum & Articles of Association Protection of your intellectual property rights Protection against defamation and reputational damage Disputes with directors and shareholders Disputes with suppliers, contractors, agents and local authorities TRAINING We provide a range of fixed fee training courses for owners, managers, directors and trustees. Our interactive workshops are run by our specialist solicitors who have practical experience of advising care providers. Our training includes: Managing safeguarding investigations Meeting the requirements of the Mental Capacity Act Trustee duties Safer recruitment in the care sector Managing staff misconduct, poor performance, sickness absence and whistleblowing complaints

8 SERVICES FOR DIRECTORS, OWNERS AND KEY STAKEHOLDERS As well as supporting your business, we provide a full range of legal services for you. We can assist with: Wills and tax planning Residential property Families and relationships Personal Injury Medical Negligence Litigation Inheritance disputes Powers of Attorney Free Services for Care Providers We offer : Free employment contract and staff handbook reviews Free service user contract reviews Free employment law and social care e-bulletins Free first advice on any legal or regulatory issue Contact our Health & Social Care Team for more information. We work in partnership with a number of regional care associations: Care & Support West Registered Care Providers Association, Somerset Hampshire Care Association Surrey Care Association Wiltshire Care Partnership Over the last few years QualitySolicitors Burroughs Day have supported our care providers with advice and support, conferences and provided really helpful advice through regular bulletins. Erica Lockhart Chief Executive Surrey Care Association Ltd

9 If you would like straightforward advice from a specialist social care solicitor, our Health and Social Care team are here to help. Please contact us for Free First Advice QualitySolicitors Burroughs Day 2013

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