Commercial
Our experienced team of solicitors can advise and support health and social care providers on all aspects of governance and the well-led agenda.
Governance is the system by which an organisation directs and controls its functions and relates to its stakeholders, from the way an organisation manages its business, determining strategy and objectives and the processes to be taken to achieve its outlined objectives. Good governance is imperative to ensure the smooth running of an organisation, and ensures that the behaviour of the board follows the well-led agenda and is in compliance with sector regulations. By “well-led” agenda, we mean that the leadership, management and governance of the organisation ensure the delivery of sustainable high quality care, support learning and promote a fair culture.
The role of the board is to set strategy, lead the organisation and oversee operations, and to be accountable to stakeholders in an open and effective manner. As the factors underpinning effective governance can change, for example as people leave or the organisation restructures, regular reviews can ensure governance remains fit for purpose. In some instances, disagreements can arise due to personal differences, conflicts of interest, inappropriate conduct such as allegations of bullying or a misunderstanding of the parties’ rights and obligations.
Our governance service
Our team of specialist solicitors use their extensive sector knowledge and experience of working with charities and companies to advise and support health and social care providers on all aspects of governance and the well led agenda, including:
- Processes and procedures.
- Advising on Schemes of delegation.
- Advising on the well-led agenda.
- Providing board training and induction to ensure wider awareness of sector regulations, board member responsibilities and understanding the drivers in the sector.
- Review of governance to ensure it is well led and in compliance with regulation.
- Updating structures and advising on board restructures.
- Updating status of organisation, i.e. moving to charitable status.
- Governance dispute resolution, including removing a director from the board or terminating a director’s employment.
At Anthony Collins Solicitors, our experienced governance team can work with organisations to ensure that appropriate policies and procedures are in place to assist in dealing with governance disputes should they arise. Resolving governance disputes can be a complicated and delicate process dealing with sensitive situations. Failure to comply with the organisation’s policies when dealing with governance disputes could cause the dispute to escalate and poses a risk to the reputation of the organisation.
Anthony Collins Solicitors made the process of spinning out from Salford City Council understandable, and took away the feelings of anxiety associated with our lack of specialist knowledge. They were available at any time to answer questions and calm fears. They liaised in a friendly and helpful manner going above and beyond the original Cabinet Office brief. They continue to be there for us and their help is hugely appreciated. We could not have done this without them and their ability to make complex issues understandable to those of us unfamiliar with the law. From registering Aspire with Companies House to governance issues, TUPE to business transfer agreements, leases to service level agreements, they help us get the best possible outcome for our new staff-owned mutual. They worked in a collaborative way with the council’s legal teams who found them approachable, knowledgeable and professional at all times. We can’t recommend them highly enough, thanks you to all who got involved with late night and weekend emails and calls.Janet Tuohy, Aspire for Intelligent Care and Support, CEO.
We have been recognised for the work we do
Care home contracts – CHC and additional fees
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
Corporate Insolvency and Governance Bill 2019-21
The Corporate Insolvency and Governance Act 2020 has now received Royal Assent. It applies to most companies as well as Limited Liability Partnerships.
Rules not allow you to hold your AGM? Government proposes plans to help
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Vicarious liability – reining in the scope?
The Supreme Court has allowed two appeals concerning 'vicarious liability', providing helpful clarity for claims of this kind and seemingly reining in the scope of such claims.
Modern slavery – looking out for shackles in the supply chain
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
The end of unfair letting fees – landlords and letting agents beware!
The Tenant Fees Act 2019 came into force on 1 June 2019.
Modern consumer law – making sure it pays for businesses to do the right thing
The Competition and Markets Authority (CMA) has recommended changes to the law and its regulatory powers, which are intended to safeguard the interests of consumers.
Responding to the CMA review: making a virtue out of necessity
The recent Competition and Markets Authority’s (CMA) final guidance on care home contracts clearly presents a challenge – it is almost certain that providers will need to revise their contracts.
New Trade Marks Regulations – getting tough on poor practice
The regulations came into effect on 14 January 2019 and create new tools to help brand owners enforce their rights.
Residential care contracts – final guidance, legal action against Care UK and fee reviews
The Competition and Markets Authority (CMA) has published its final advice to help care homes understand their wider obligations to residents, and prospective residents, under consumer law.
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