Capsticks provides comprehensive support to healthcare providers, commissioners and regulators in all aspects of clinical, corporate and information governance. Whether you have a query on the quorum requirements for a Board meeting, need assistance with an inquiry or investigation, or are embarking on a merger or acquisition, we offer a responsive and expert service.
Our immersion in the legal and regulatory framework that applies to healthcare, both in the NHS and the private healthcare sector, means we can hit the ground running when clients instruct us on governance matters. With more than 30 years’ experience of giving healthcare governance advice, we provide pragmatic solutions and carry the confidence of our clients’ Boards.
How Capsticks can help?
- Collaboration, joint working and statutory transactions
The Health and Care Act 2022 put an increased emphasis on joint working and collaboration between healthcare providers and commissioners; local authorities and the independent and voluntary sectors. We regularly advise on NHS group models, provider collaboratives, section 75 agreements, memoranda of understanding and other forms of collaboration as well as setting up arrangements for the delegation and joint exercise of functions.
- Foundation Trust governance
NHS Foundation Trusts have a unique governance structure as public benefit corporations. We can assist with reviews and updates of your Trust’s Constitution as well as helping you to tackle tricky governance issues that can arise in respect of the relationship between the Board and the Council of Governors. If your FT is involved in a statutory transaction (merger or acquisition) we can provide a full support service including advising on the appropriate transaction structure; assisting with due diligence; drafting a transfer agreement and advising on appointments to the Board of the “new” organisation.
- Inquiries and investigations
We have been involved in many of the largest public sector inquiries in recent years, including the Covid inquiry, the Infected Blood inquiry and the inquiry into the crimes committed by David Fuller. Other high profile cases include the Gosport War Memorial Hospital review; the Hillsborough inquiry, the Savile inquiry, the Grenfell Tower inquiry and the inquiries into the London Bridge terror attacks and the Manchester Arena bombing. This means that we understand how to deal with the different agencies involved in such cases; how to ensure that appropriate evidence is obtained in order to assist the inquiry; and when it is appropriate to seek Core Participant status. We also have extensive experience of supporting organisations and individuals where they receive notice of potential serious criticisms in inquiry reports under the so-called "Maxwellisation" process.
- Board governance including Fit and Proper Person requirements
We regularly advise Boards and Company Secretaries on all aspects of Board governance including quorum requirements; the power to exclude the public from meetings and delegation of functions to committees and sub-committees. Directors of many healthcare organisations are subject to Fit and Proper Person requirements, and we can support your Board by carrying out an independent review of any fitness concerns that are raised, or making pragmatic recommendations as to how you should handle such concerns.
