Care quality

The private healthcare sector is under unprecedented pressure. Not only does it face daily operational difficulties and increasing financial pressures, not least as a result of the COVID-19 pandemic, but it is also subject to criticism and scrutiny by the media and the general public. With CQC enforcement on the rise, it is vital that providers ensure compliance, protect their interests and seek early assistance following crisis events. Not only does this help to manage the ongoing relationship with the regulator, it also assists in securing and preserving evidence, enabling a clear strategy to be determined.

Our expertise
Client support is led by Bill Dunkerley who has over a decade’s worth of experience in the sector, who has been described by the legal directories as, “the care home guru in the North West,” and, “a dynamic and inspiring leader and always gets excellent outcomes for his clients.. a clever, able and tactically astute solicitor.”

Clients describe Bill as, “so professional, diligent and exceedingly helpful.. I hold him in very high esteem! I have worked very closely with solicitors and Barristers over the last 30 years and they don’t get better than Bill. He is absolutely committed to his work, dependable and wholly reliable.”

Our lawyers have experience of representing both corporate and individual care providers and are accessible 24/7 to provide specialist crisis management expertise from the moment an incident occurs.
We are able to advise on each stage of the investigatory and legal process as it happens, including:

• instructing and guiding internal investigations and evidence collation;
• early case assessment of potential liabilities and strategy setting;advice and representation at
• Police and/or regulator led interviews;
• advocacy before the coroner’s and criminal Courts; and
• representation during safeguarding proceedings.

Our track record
Our lawyers have been involved in cases including:

• Advising a care home provider in respect of a police and CQC investigation following allegations of abuse committed against service users by members of staff, including allegations of force feeding, non-administration of medication and wilful neglect;
• Defending a national care home provider in respect of a police-led manslaughter investigation following the death of a 94 year old resident who died after a failure to administer medication over a three-week period;
• Defending a registered care home manager who was being prosecuted following the death of a service user who had fallen out of his second floor bedroom window;
• Acting on behalf of a carer involved in the care of a service user with known violent tendencies who subsequently attacked a member of staff;
• Representing a registered nursery owner, prosecuted in her individual capacity following an incident in which a two-year-old boy was able to open and then jump from a first floor window at a setting she owned and operated;
• Training the board of a CQC regulated business as part of the organisation’s corporate social responsibility initiative and in line with published HSE/ Institute of Directors guidance.