The recent £1.5 million fine imposed on BUPA Care Homes, following the death of a resident from Legionaries disease, demonstrates the increased risk of substantial fines and emphasises the need for organisations within the sector to ensure compliance with their health and safety obligations.
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.
Natalie is a senior associate with extensive charity and commercial experience.
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