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The NCA's Appointed Solicitors. Lester Aldridge’s Care Sector are a specialist team dealing
with all legal aspects affecting care homes, assisted living
facilities, independent hospitals, domiciliary and nursing
agencies.
Whether you are an established care operator or about to
acquire a care business, whether it be a specialist care
home or assisted living facility, LA has specialist
expertise available to help you.
Problems with Registration Authorities and the Health and
Safety Executive
Running a successful care home or agency involves a careful
balance between:
- the needs of patients, residents and clients
- the financial and practical constraints of the care
provider
- National Minimum Standards
- the statutory obligations imposed by the Care Standards
Act 2000 as implemented by the CSCI in England and the CSIW
in Wales
The LA Care Sector team has extensive nationwide experience
in negotiating with regulatory authorities in order to reach
an equitable solution in such cases. The team also has the
advocacy skills required in more serious cases involving the
Care Standards Tribunal and emergency proceedings before a
magistrate.
The Impact of the Care Standards Act 2000
The Care Standards Act and National Minimum Standards have
had a profound impact on the Care Sector. We are nationally
recognised as specialists on the legislation and can advise
on how it currently affects your care business and might
affect it in the future.
Employment problems
Staff and staff related issues can have an enormous impact
on the viability of a care provider. Problems with
discontented staff can often lead to worse problems with
registration authorities and even jeopardise contracting
arrangements with Social Services. Provisions in the Care
Standards Act 2000 relating to employees make this a
particularly challenging area for employers. LA has a team
of employment lawyers experienced in the care sector who can
provide you with critical advice in this area.
Contracting and Disputes with Social Services
LA has extensive experience of negotiating contracts with
Social Services and will advise on all important issues that
need to be considered. We also advise on what to do when
things go wrong, e.g. a ban on referrals due to an adult
protection enquiry.
Coroner’s inquests
Deaths in care homes are increasingly being referred to the
coroner. Coroner’s inquests are usually attended by the
media and can be a source of adverse and unfair publicity
for the home. Because of this, care providers should always
be legally represented at such inquests. LA has specialist
expertise in this area.
Contracting with residents and the recovery of fees and
other debts
The completion of legally binding patient/resident contracts
is growing increasingly important in the well-managed care
establishment. These contracts may be with the
patients/residents themselves, with relatives or with other
third parties. LA will draft a particular contract suitable
for your needs. Should problems arise with the collection of
fees or other debts owing to the home, LA operate a cost
efficient debt collection system. Buying, selling or
developing a care home or assisted living facility LA has
specialist commercial lawyers experienced in the problems
often faced in buying or selling a care home or assisted
living facility, and in particular, the complex legal
position in such transactions. We have exceptional
experience in negotiating with regulatory authorities
charged with supervising the standards required in homes
particularly on a change of ownership.
Expanding or enlarging a care home? Seeking alternative
use for the site?
The number and size of bedrooms and dayroom facilities will
become increasingly important under the Care Standards Act
2000 in ensuring the future viability of care homes. LA has
specialist planning law expertise relating to the conversion
and extension of care homes and will also advise on the
complexities of VAT legislation and interpretation relating
to the construction of extensions to care homes. We will
also provide you with specialist advice in relation to
alternative planning uses. We can also offer advice on
construction including professional appointments, building
contracts, warranties and all claims arising from these.
Corporate and partnership matters
LA is one of the largest firms in Southern England. We have
the expertise and experience to advise operators on all
matters relating to company law, share purchase and
partnership matters.
The team
Peter Grose
Partner, Head of Care Sector
Peter is the appointed solicitor to the Registered Nursing
Home Association, the National Care Association and the
National Care Forum. A regular contributor to the legal page
of 'Caring Times', Peter also lectures widely at care
conferences. Peter has particular expertise concerning the
legislation relating to care homes, independent hospitals
and assisted living.
01202 786163
peter.grose@LA-law.com
Jeremy Allin
Partner
Jeremy is a partner and the Chairman of LA. He has
particular expertise in regulatory matters and in relation
to employment law problems in the care sector. He is a
senior litigator of wide experience, an experienced advocate
and has appeared before a wide range of courts and
tribunals. Jeremy is a regular speaker at care conferences
and training seminars.
01202 786197
jeremy.allin@LA-law.com
Susan Cowan
Partner
Susan is a partner and a specialist in company and
commercial law. She deals with the drafting of resident and
patient contracts, employment contracts and other commercial
agreements required by care home operators. Susan has
particular expertise in relation to the law relating to
domiciliary and nursing agencies.
01202 786167
susan.cowan@LA-law.com
Photographs above from left to right - Jeremy Allin, Peter
Grose and Susan Cowan.
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