Hempsons health and social care law podcast

Episode OverviewIn this episode of The Hempsons Podcast, Anita Rao and Flora Jago take listeners through a concise but comprehensive tour of the legal framework surrounding consent and capacity for children and young people in healthcare settings. They explore how decision‑making differs between under‑16s, 16–17 year olds, and adults, and why understanding these distinctions is essential for clinicians and providers.Key Topics DiscussedWhy children and young people aren’t “small adults” How decision-making in healthcare differs fundamentally and why providers must take a tailored approach.Gillick competence explained Its origins in the landmark Gillick case, how emotional and intellectual maturity factor into decisions, and why autonomy for under‑16s is treatment-specific.The shift at age 16: the Mental Capacity Act Why 16 and 17 year olds are presumed to have capacity unless assessed otherwise, and how this differs from the pre‑16 competence model.Understanding parental responsibility (PR) What PR really means, why not all parents have it, and why checking PR is crucial when seeking consent.Common complexities and risk areas Surrogacy arrangements, uncertainty over PR, involvement of local authorities, and serious medical treatment requiring careful navigation.Managing disagreements What happens when parents, clinicians, or the young person disagree about treatment, and why early escalation and specialist advice can prevent disputes from reaching court.Takeaway MessageConsent and capacity in children’s healthcare is a nuanced, evolving area of law. Being aware of age thresholds, legal frameworks, PR boundaries, and potential disagreements enables clinicians to support safe, lawful decision‑making and avoid unnecessary conflict.Additional ResourcesFor a deeper dive into this topic, Anita and Flora’s full webinar is available on the Hempsons YouTube channel.

In this episode, employment law specialises Andrew Davidson and Markus Schober share practical guidance for employers on managing sickness absence and understanding the legal duties around disability and reasonable adjustments under the Equality Act 2010. Drawing on real cases and best practice, they highlight key steps to reduce risk and ensure compliance.This episode is essential for HR professionals, managers, and employers navigating complex issues around sickness absence and disability. It offers actionable advice to help you stay compliant, avoid costly claims, and support your workforce effectively.Resources & Links:Hempsons employment services: https://www.hempsons.co.uk/services/employment-law/Full webinar on YouTube: https://youtu.be/YAvzOYF4OJU?si=IW9PYObb2PKeNjVGACAS guidance on sickness absence: https://www.acas.org.ukNHS Employers guidance: https://www.nhsemployers.org

In this episode, Ann Cojeen, commercial real estate partner at Hempsons, discusses how NHS providers can secure value for money in property transactions and disputes. Ann delves into the estate code, particularly HBN00-08, and its references to value for money. She explores the roles of agents, surveyors, and solicitors in achieving value for money, the importance of commercial terms, and the benefits of appointing an agent. Ann also covers the significance of fit-out works, the necessity of having a detailed specification, and the role of a dilapidations surveyor. Tune in for valuable insights and top tips on making informed decisions and achieving value for money in property transactions.To find out more about our real estate services and to contact the team, visit https://hpsns.co/ytrealestate

Primary care experts, Justin Cumberlege and Robert McCartney, discuss the intricacies of merging GP practices. They begin by clarifying what a merger typically involves - two or more practices coming together to operate as a single entity.The conversation explores the strategic motivations for merging, such as financial sustainability, improved service delivery, and increased influence within Primary Care Networks (PCNs). They highlight the benefits of scaling up, including shared responsibilities, enhanced workforce capabilities, and greater resilience in a rapidly evolving NHS landscape.The episode also examines different structural models, including incorporation as limited companies, and how regulatory changes have made such models more viable. The importance of thorough preparation is emphasised - particularly in establishing a shared vision, conducting due diligence, and understanding each practice’s assets, liabilities, and staffing structures.Key legal and operational considerations are discussed, including staff restructuring, premises management, regulatory compliance (such as CQC registration), and the novation of GMS contracts. The hosts stress the value of early legal input, confidentiality agreements, and well-drafted heads of terms to guide the merger process effectively.

With The Procurement Act 2023 coming into force on Monday 24 February 2025, we have received a number of queries about how this will impact the Provider Selection Regime. Hempsons' head of procurement, Andrew Daly, explains what people can expect when the Act comes into force. Visit our PSR hub: https://www.hempsons.co.uk/services/the-provider-selection-regime/

Healthcare litigation expert Patricia Roe and primary care expert Justin Cumberlege explain the NHS Resolution indemnity scheme for GPs. Find out more about our primary care law services and contact the team: https://hpsns.co/practitionerspodcasts

Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers. In this episode, they discuss what the Provider Selection Regime is, and look at three different scenarios where it would apply. For more information about our primary healthcare legal services and how we can help your business, visit our website.

Following his recent webinar, healthcare litigation associate, Nigel Wood, gives an introduction to clinical negligence claims that dentists face and discusses how they can handle these complaints.

Primary care partner Justin Cumberlege talks to Sam Wright, a senior solicitor in our healthcare advisory team specialising in inquests, about the role of primary care practitioners in the latest episode of our podcast for GPs.00:16 - Introduction01:36 - What is an inquest?02:49 - What should/shouldn't you say in an inquest?05:00 - Can inquest evidence be cited in a subsequent clinical negligence case?05:54 - Quality of evidence07:47 - Do GPs need to attend inquests in person?11:36 - Who can support GPs throughout the inquest process?12:53 - Potential adverse outcomes of inquests

In the penultimate episode of our Court of Protection series, Hempsons' healthcare advisory associates Rachael Hawkin and Liz Stokes discuss Section 21A of the Mental Capacity Act.00:16 - Introduction01:23 - What is Section 21A of the Mental Capacity Act 2005?02:26 - Objections to a patient's deprivation of liberty03:55 - Who can bring a challenge on behalf of a patient?06:55 - Who can be party to a Section 21A challenge hearing?07:38 - How are Section 21A challenges progressed in the Court of Protection?09:41 - Best interests and capacity11:10 - The role of the social care provider in a Section 21A challenge

The social care sector plays an often understated role in welfare cases, so this series, over a course of 6 episodes, will take you through the basics of Court of Protection for welfare matters and delve into areas where providers are likely to be involved, what they should consider and how they can prepare. This fourth episode gives an overview discussion, looking at evidence provision in Court of Protection from the perspective of a social care provider.

In this second episode in our Court of Protection series for social care providers Rachael Hawkin and Liz Stokes discuss the ways in which a social care provider may find themselves involved in the Court of Protection.