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Sectors

Adult and children's social care sector - legal services

At Stephensons, our specialist adult and children social care solicitors can advise and assist on a broad range of issues which affect those in the business of delivering social care. This can range from assisting providers with regulatory issues, assisting with the sale and purchase of commercial property, advising on contractual issues, and providing HR and employment advice.  

Our solicitors have an in depth understanding of the adult and children’s social care sectors, which is integral to our ability to provide high quality advice and solutions to related issues. By combining the expertise of solicitors across a number of legal teams including commercial and regulatory specialists, Stephensons offers a valuable pool of knowledge and resources all in one place to the benefit of our clients.

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We can help with issues including, but not limited to:

  • Challenging CQC inspections and enforcement action
  • Challenging Ofsted inspections and enforcement action
  • Health & Safety Executive (HSE) investigations and prosecutions
  • Food safety and hygiene enforcement
  • Environmental Health
  • Inquests
  • Crisis management
  • Childcare proceedings
  • HR advice and employment law
  • Discrimination advice
  • Disclosure and Barring Service (DBS)
  • Property/commercial premises
  • Contractual disputes and debt recovery
  • Wills and probate advice
  • Court of Protection and deprivation of liberty

Regulatory

Our regulatory team is highly experienced in advising both the adult social care sector and the children’s social care sector. We represent care homes, domiciliary / homecare providers, children’s homes, fostering agencies, supported living services, and many more in respect of regulatory issues. This includes challenging CQC and Ofsted inspections, advising on and assisting with CQC and/or Ofsted enforcement action, or enforcement action taken by Environmental Health, the Health and Safety Executive, or the Food Standards Agency. We also advise and represent providers at inquests.

We have represented providers in relation to serious accidents and fatalities; breaches of regulations; inadequate ratings; appeals against civil enforcement action; and criminal prosecutions. Our team of specialist regulatory lawyers can help defend you and your business.

HR and employment

Attracting and retaining the best staff in an ever-tightening recruitment pool is a key consideration, therefore having the correct HR and employment knowledge and support when recruiting, managing, and terminating employment contracts will help safeguard you and your organisation. Social care providers frequently need advice on contracts and policies, sickness issues, maternity, pay and benefits, managing staff and dealing with disciplinary matters.

To help you maintain best practice in relation to HR and employment law we can offer dedicated ongoing support through our fixed fee packages. We specialise in providing a full range of outsourced HR support; whether this is in assisting with a particular project, providing training to your business, or offering fully outsourced HR support through our HR packages, Workplace Plus and HR Assist, we can help you. In addition to this we can advise on a non-retained basis regarding any HR or employment law issue you may be facing.

Discrimination advice

Claims against organisations and businesses by service users and customers for alleged discrimination continue to increase. This may be due to a number of factors. Discrimination is often thought of in the context of employment. However, separate to employment discrimination are civil cases for discrimination. These claims can be raised by the public against public bodies and businesses, including those within the social care sectors. Stephensons is one of the few firms in the country that has a dedicated discrimination law team handling defence of civil claims.

Contractual and commercial property

Social care providers often have different requirements for their business premises and may need property law advice. Our real estate team and commercial dispute teams can help with property law, including advising on landlord and tenant issues, lease agreements, acquisition and disposal, finance and investment portfolio and asset management.

Child care proceedings

Social care providers have a duty of care to safeguard children in their care and may require legal advice on issues such as child protection policies, reporting suspected abuse or neglect, and responding to allegations of abuse. We have one of the largest child care teams in the North West with nine Children Panel accredited solicitors.

Who can our solicitors help?

Across the breadth of our teams, we have vast experience of advising and representing adult and children’s social care providers nationwide, including care homes; children’s homes; supported living services; domiciliary / homecare providers; fostering agencies and many more. We also have close working relationships with professionals in a range of different disciplines, including barristers, experts, and mediators, so we can provide the best possible support to our clients throughout their case.

Why choose our solicitors?

We have specific teams who have the specialist knowledge to assist you, which means that they have in-depth knowledge acquired from many years of working within the social care sector.

Many of our teams are award winning and highly accredited, which is evidence of the quality of service we can deliver.

We can handle cases nationwide and are used to working to urgent timeframes to support our clients when they need it most. We provide multiple channels for you to communicate with us, from face to face and video conferencing, to direct dials for the team working with you.

Where possible and to give you reassurance on cost, we will work to a fixed price.

If you would like to speak to a member of our team about any aspect of our work with adult or children’s social care providers, please call us on 01616 966 229 or complete our online enquiry form and we will contact you directly to discuss your requirements.