The Editors


About The Editors

The Governance Advisory Practice is a team of corporate and clinical governance experts all of whom have significant personal experience gained at Board level in the public and commercial sectors.


Clinical Governance
We recommend NHS and private healthcare provider regularly review their clinical governance provisions, systems, processes, standards, and the extent to which these are part of daily life for staff on wards. Our extensive experience in this field ranges from supporting hospitals to establish their clinical governance provisions through to investigating and making recommendations for improvement when things have gone wrong. We also regularly support trusts in their preparations for HM Coroner's court hearings in the event of fatalities.

“This has been a deeply distressing case and the NHS must learn from it” – Lessons ...


Jim Mackey
The Integration Hub is an online resource, designed by DAC Beachcroft's Health lawyers and Governance Advisory Practice to help senior leaders in the health and social care sector overcome the perceived legal, strategic and commercial barriers to integration when adopting new models of care.

New Integration Hub Launched




General counsel
Are you a general counsel and also company secretary? Private companies do not have to appoint a secretary unless their articles of association require them to, although larger private companies would often choose to appoint one. A public limited company must have a secretary. If you have been formally appointed company secretary, duly registered at Companies House, even if not on the board of directors in your role as general counsel, you are an officer of the company under the Companies Act. As an officer […]

For the general counsel who is also company secretary



GAP
UK Social Value Workshop – Making it Happen! The Public Sector (Social Value) Act 2012 came into force almost 3 years ago and it not only has the potential to transform how the Public Sector procures its services, but also how it can work with the private and third sector in delivering improved services to communities. Despite its obvious benefits many public sector bodies and businesses alike are struggling with the practical implementation of the act. You are invited to a workshop on 14th September 2015. The aim […]

UK Social Value Workshop – Making it Happen!


Three factors were vital to the success of Alzira: long-term contracts of at least 15 years duration; capitated budgets and aligned incentives for primary care practitioners. In the UK things are a little more complex. We’re moving to captitated budgets but the Five Year Forward View does not commit to long-term contracts, so it’s not as easy for organisations that might be investing in integration now and making savings, to be the long-term beneficiaries. Workforce flexibilities are not as well developed here. Some Vanguard sites […]

Capitation and integrating healthcare



John Williams, James Reed (Corporate & Commercial Partner) and Nigel Montgomery receiving the award
DAC Beachcroft’s Corporate and Healthcare Regulatory teams and its Governance Advisory Practice were named collectively as Legal Advisor of the Year – Transactional Private – at the 2015 HealthInvestor awards on 10 June, which aim to recognise achievement in the business of healthcare. The latest success comes after the international law firm was also honoured at the awards in 2013 and 2014 as Legal Advisors of the Year – Public. This year’s win recognises the Health team’s advice to longstanding client, Spire Health Group PLC, […]

DAC Beachcroft and the Governance Advisory Practice named legal advisor of the year at 2015 HealthInvestor ...


Guardians of governance
Are you Conflicted? Those entrusted with the stewardship of organisations, whether they be corporations, charities, law firms, PLCs, NHS Trusts or Foundation Trusts, Clinical Commissioning Groups, are expected to act in the interest of that organisation, and generally in the interest of its stakeholders or shareholders. They are not expected to exert the influence of their privileged positions for personal gain. Which Regulatory Regime Applies to Me? Depending on your role and the legal entity you are part of there will be differing regulatory and […]

Conflicts of Interest



Clinical Governance
Reduction of Harm across Healthcare With an increased emphasis on the importance of the reduction of harm across healthcare, it is more important than ever for Trusts and private health and social care providers to ensure they have robust clinical governance frameworks that work effectively. Click here to see our Clinical Governance experts, Giles and Chris, discussing reviews of organisations’ effectiveness in responding to serious clinical incidents, and the importance of good clinical governance. Increasing Public and Regulatory Concern Increasing public and regulatory concern about […]

Clinical Governance and Quality


GAP
The Social Value Portal and DAC Beachcroft present ‘Making Social Value Work for Business,’ a morning workshop in Bristol on 02 June 2015. Speakers include The Cabinet Office and Knightstone Housing Authority. Workshop Description The Public Sector (Social Value) Act 2012 which came into force over 2 years ago has the potential to transform how the Public Sector not only delivers its services, but also how it can work with the private and third sector in delivering improved social services. Despite its obvious benefits many […]

Making Social Value Work for Business



Integration
Corporate Governance 1992 “Corporate governance is concerned with holding the balance between economic and social goals and between individual and communal goals. The governance framework is there to encourage the efficient use of resources and equally to require accountability for the stewardship of those resources. The aim is to align as nearly as possible the interests of individuals, corporations and society.” (Sir Adrian Cadbury, UK, Commission Report: Corporate Governance 1992) Thanks to Ashraf Gamal for the impetus this morning to pen this brief blog.  See […]

Corporate Governance is for Society, not just for Corporations


The UK Social Value Portal

Source: socialvalueportal.com

It is good news and bad news as The Cabinet Office publishes its review by Lord Young of The Social Value Act. Key Points ‘in a second’:-

 

  • The Act is working well where it is being applied properly
  • The Act is delivering real benefits in terms of quality and cost savings
  • Commissioners are permitted to consider social value as widely as they wish
  • There is a real need for better measurement solutions
  • A decision about extending The Act and making obligatory it has been delayed
  • There will be a further review within the next two years to assess progress

Lord Young Review of The Social Value Act | UK Social Value Portal



The Governance Advisory Practice
Fit and Proper Person Test for Directors Care Quality Commission Fundamental Standards Following on from the Francis Report, the CQC has launched the new Fundamental Standards through which they will regulate all health and social care providers. A major limb of the new Standards is the requirement that all Board level director appointments within those providers must satisfy a new Fit and Proper Person test (FPPT). This deals with the ‘well led’ domain of the new inspection regime, and addresses the expectation that health and […]

Fit and Proper Person Test for Directors





Health and Social Care Integration – A DAC Beachcroft Analysis
Considering Health and Social Care Integration? DAC Beachcroft LLP has gauged the opinion of senior figures across the health and social care spectrum, who are engaged in the complex work of forming new and improved ways of delivering health and wellbeing. The resulting report seeks to illustrate some of the drivers of health and social care integration, as well as identify the potential inhibitors or risks that may threaten joined-up working. Download the Health and Social Care Integration – A DAC Beachcroft LLP Analysis PDF here: […]

Health and Social Care Integration – A DAC Beachcroft Analysis




Health and Social Care Integration - A DAC Beachcroft Analysis

NHS Trust Subsidiaries and Investments in Legal Entities - Relationships with subsidiaries & other entities where the Trust is a shareholder are complex...

Source: www.gap.works

Relationships with subsidiaries, and other legal entities where the Trust is a shareholder or member, can be complicated. Often Trust Secretaries and Directors need support and advice to navigate the rules and regulations for private companies, and to establish frameworks for effective decision making and risk management. We can help with questions like: Is there […]

Health Adviser Alert – Trust Subsidiaries, Investments in Entities



Complainant
Customer Feedback is your Barometer – Tap it Gently to See the Future Providing an efficient and effective response to people who make complaints poses significant challenges for any organisation providing services to members of the public. When the services in question are medical care and treatment, the complexities only multiply. Across both the NHS and independent healthcare sector, in recent years there has been a focus on improving the standard and timeliness of responses to complaints. Whilst those aims are wholly laudable (and particularly before publication […]

Harnessing the Power of Complaints


The Governance Advisory Practice
Board succession planning is less about the proverbial “bus test” and more about maintaining a fully capable, competent, and functioning board that is equipped with the necessary skills, experience, independence and diversity of thought to properly discharge the duties of a board. This holds true in whichever sector the board is operating. There is very good guidance available from organisations such as the ICSA and the IoD. That said, there is no substitute for having the services and guidance of a good corporate secretary to […]

Succession Planning for your Board of Directors – Corporate Governance




Board succession planning
The role of the company secretary is being refocused, recalibrated and it is gaining greater prominence At a roundtable hosted by Governance + Compliance magazine in July, seven of the UK’s foremost governance professionals met to discuss the pivotal role of the company secretary. The meeting followed the publication of ICSA’s report The Company Secretary: Building trust through governance, which found that company secretaries ‘make a significant contribution to board performance’, supporting ICSA’s wish to reinstate the legal requirement for all large private companies to […]

Guardians of Governance – ICSA Roundtable



There were a number of changes made to the risk sections in the latest update of the FRC’s UK Corporate Governance Code, some of which were highlighted in the FRC’s press release on its publication . The new Code applies to accounting periods beginning on or after 1 October 2014. At the same time as publishing the Code, the FRC published Guidance on Risk Management, Internal Control and Related Financial and Business Reporting. This reflects the relevant requirements of the updated Code, and integrates and […]

Risk and the UK Corporate Governance Code





The Governance Advisory Practice
In many ways this is strange as there is no shortage of literature offering opinions on styles of leadership, matters reserved and appropriate behaviours for board members. The English model of corporate governance is imitated to varying degrees throughout the world and certainly sets a benchmark by which other systems are judged, even when they are strikingly different. There are a number of key features of our system of governance which need to be remembered: The principle of collective responsibility, delivered normally through a unitary board […]

What is a Board for anyway?



The Governance Advisory Practice Health Adviser Alert
Relationships with subsidiaries, and other legal entities where the Trust is a shareholder or member, can be complicated. Often Trust Secretaries and Directors need support and advice to navigate the rules and regulations for private companies, and to establish frameworks for effective decision making and risk management. We can help with questions like: Is there central knowledge and understanding of the extent of the Trust’s subsidiaries and membership in legal entities? Is there understanding about what the Trust’s subsidiary governance framework should look like? Is […]

Health Adviser Alert – Trust Subsidiaries and Investments in Legal Entities




The CQC “state of care” report was published yesterday. What we’ve found: unacceptable variation in quality The CQC’s tougher approach to inspecting care services using more rigorous, expert-led inspections are starting to give a deeper understanding of the quality of health and social care than ever before. The CQC says that it “found many examples of good and outstanding care. But we’ve also found wide variation in quality. There are big differences in the quality of care that people experience from different providers, in different […]

State of Care 2013-14 – CQC – “Unacceptable variations in quality”


The Governance Advisory Practice Logo
“The watchdog will have to adopt a ‘learn by doing’ approach when enforcing the fit and proper checks of healthcare leaders, its chief executive has admitted” David Behan told the CQC board meeting this week that they would not be “straightforward” to implement, especially in “difficult cases”. While the watchdog’s main role is to check providers have sound procedures for appointing competent directors, it could become drawn into decisions, leading to directors removal from post, papers presented to the CQC board indicate. Source: www.hsj.co.uk How […]

CQC will ‘learn by doing’ fit and proper person checks



High quality care for all, now and for future generations Source: www.england.nhs.uk The Care Quality Commission published the Chief Inspector of Hospitals’ report on the inspection at Mid Staffordshire NHS Foundation Trust on 09 October 2014.   Sir Mike Richards concluded that services were safe, but raised questions about staffing levels. He noted that the maternity service is going through a period of transition.   Responding to the CQC report, NHS England said: “The NHS Five Year Forward View, to be published shortly, includes a commitment […]

NHS England » NHS England’s response to the CQC’s report on the inspection at Mid Staffordshire ...




Guardians of governance
The role of the company secretary is being refocused, recalibrated and it is gaining greater prominence At a roundtable hosted by Governance + Compliance magazine in July, seven of the UK’s foremost governance professionals met to discuss the pivotal role of the company secretary. The meeting followed the publication of ICSA’s report The Company Secretary: Building trust through governance, which found that company secretaries ‘make a significant contribution to board performance’, supporting ICSA’s wish to reinstate the legal requirement for all large private companies to […]

Guardians of governance – the role of the company secretary


We’re a team of corporate governance specialists in a law firm… So how does that work if we’re not all lawyers? For the client, the advantage of working with a firm of lawyers which has its own team of corporate governance specialists is the practical real-world business experience and insight this integrated approach brings. Law firms alone tend on the whole not to offer that breadth and depth of expertise in their resourcing. DAC Beachcroft LLP offers uniquely integrated resource by deploying its Governance Advisory […]

Corporate Governance Specialists in a Law Firm?



According to a theinformationdaily.com, “public sector austerity is set to continue, governments across the world are looking to forge new relationships with their suppliers based on social value.” Professor Olinga Ta’eed recently drew my attention to this video, where he explains to theinformationdaily.com how suppliers to the public sector will be required to deliver resources back to the communities served by the organisations they are doing business with. This has far-reaching implications for businesses supplying the public sector.     Visit theinformationdaily.com for the original article.

VIDEO: Social value to redefine public/private sector relations in times of austerity


Governance Advisory Practice
We highly recommend this video to anybody interested in governance, quality and risk in the NHS. Judge Mervyn King, a long-time friend of the late Nelson Mandela, speaks with deep commitment about the responsibilities of directors in the NHS, and the courage required to take difficult decisions in times of budgetary constraint. Judge Mervyn King Mervyn Eldred King (born 22 July 1937, Johannesburg) is a South African corporate attorney, arbitrator, mediator, corporate director, commission chair, author and speaker. A former judge of the Supreme Court […]

NHS: Mervyn King on the Challenges Faced by NHS Boards