Hempsons health and social care law podcast

In this episode, Anita Rao and Flora Jago explore the complex and sensitive issue of managing disputes in patient care. Drawing on their extensive experience advising clinicians and NHS organisations, they break down why disagreements arise, how to identify the root of the issue, and the practical steps clinicians can take to resolve disputes early and safely.

The discussion covers the key legal frameworks for decision‑making across different patient groups, and highlights the common themes seen in paediatrics, end‑of‑life care, cases involving adults who lack capacity, and situations where patients with capacity make decisions that clinicians may find difficult or unexpected.

In this episode, Anita and Flora discuss:

• The two‑stage decision‑making process in England and Wales: clinical judgment and patient choice

• How consent works in practice, and why it must be a meaningful process rather than a signature

• Why disputes often arise: divergent expectations, clinical uncertainty, communication gaps, cultural and emotional factors

• The unique challenges in paediatric decision‑making, including parental responsibility and Gillick competence

• How best‑interest decisions are made for adults who lack capacity, and the role of LPAs and deputies

• The rights of adults with capacity to make decisions clinicians may consider unwise

• When and why the Court of Protection or High Court may become involved

• Practical steps to avoid escalation and support better communication

For more guidance, resources and updates on healthcare law, visit our website at https://www.hempsons.co.uk/

In 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.

1. Why children and young people aren’t “small adults”
2. How decision-making in healthcare differs fundamentally and why providers must take a tailored approach.
3. Gillick competence explained
4. Its origins in the landmark Gillick case, how emotional and intellectual maturity factor into decisions, and why autonomy for under‑16s is treatment-specific.
5. The shift at age 16: the Mental Capacity Act
6. Why 16 and 17 year olds are presumed to have capacity unless assessed otherwise, and how this differs from the pre‑16 competence model.
7. Understanding parental responsibility (PR)
8. What PR really means, why not all parents have it, and why checking PR is crucial when seeking consent.
9. Common complexities and risk areas
10. Surrogacy arrangements, uncertainty over PR, involvement of local authorities, and serious medical treatment requiring careful navigation.
11. Managing disagreements
12. 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.

Consent 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.

For a deeper dive into this topic, Anita and Flora’s full webinar is available on the Hempsons YouTube channel.

In this episode, Mesha from Hempsons’ Healthcare Advisory Team and Abidah from the Inquest Team share expert advice on writing effective witness statements. They explain why statements are so important, what to include, and how to make them clear and professional. From complaint responses to inquests and clinical negligence claims, this episode provides practical tips to help healthcare professionals navigate the process with confidence.

What You’ll Learn:

• Why witness statements are critical in healthcare legal processes
• Key elements every statement should include (context, factual account, supporting documents, statement of truth)
• Writing style tips: clarity, numbering, explaining medical terms, and tone
• How to handle apologies and condolences appropriately
• Differences in approach for complaints, inquests, clinical negligence, and criminal matters
• Practical advice to make the process less stressful

Resources & Contact:

For more guidance or legal support, get in touch with us here: Contact us - Hempsons - Hempsons.

Our team is here to help.

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.

• Hempsons employment services: https://www.hempsons.co.uk/services/employment-law/
• Full webinar on YouTube: https://youtu.be/YAvzOYF4OJU?si=IW9PYObb2PKeNjVG
• ACAS guidance on sickness absence: https://www.acas.org.uk
• NHS Employers guidance: https://www.nhsemployers.org

In this episode, Elspeth and Molly from Hempsons’ Inquests & Inquiries team provide a clear and practical guide to inquests and the process of giving evidence. They break down the essentials of inquest law, focusing on non-Article 2 inquests, and share insights from their experience supporting witnesses and families.

Visit hpsns.co/captivateinquests for more information and support.

In this episode, healthcare advisory partner Sophie Bowes provides a guide to managing complex hospital discharges.

Key topics covered:

• The discharge to assess model and its practical application in NHS trusts
• Why clear, consistent internal discharge policies are essential
• How to plan for and escalate delayed discharges, including when to seek legal advice
• Lessons from recent case law, including guidance on capacity, patient rights, and the role of the courts
• Practical takeaways for healthcare leaders and discharge teams

For a deeper dive, check out Sophie’s recent webinar on complex discharges, available on the Hempsons YouTube channel.

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

Employment law partner Saira Ramadan examines the recent UK Supreme Court ruling in For Women Scotland v The Scottish Ministers.

This episode explores the Court’s interpretation of 'biological sex' under the Equality Act 2010, reaffirming that the terms 'man', 'woman', and 'sex' refer to biological sex. Saira provides an overview of the case background, unpacks the implications of the judgment, and offers practical guidance for employers.

Her advice includes answers to frequently asked questions around workplace facilities such as toilets, changing rooms, and other gendered spaces, helping organisations navigate this evolving legal landscape with confidence.

To find out more about our employment law services and to contact the team, visit https://hpsns.co/ytemployment

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.

In this episode, Helen Redfern, a senior solicitor in the procurement team at Hempsons, outlines the key obligations and requirements for English contracting authorities regarding regulated below threshold contracts under the Procurement Act 2023.

Helen addresses common queries, including the definition of below threshold contracts, direct awards without competition, running formal competitions, and the prompt payment provisions. She provides practical guidance on the various notices required and the flexibility contracting authorities have in awarding and managing these contracts.

00:00 Introduction to the Procurement Act 2023

01:03 Understanding regulated below threshold contracts

01:40 Key considerations for English Contracting Authorities

02:34 Options for awarding below threshold contracts

03:50 Direct award without competition

05:27 Running a competition for below threshold contracts

08:59 Managing regulated below threshold contracts

10:06 Conclusion

To find out more and to contact our procurement team, visit our website.