Stuart has a wealth of experience advising public, private and third sector clients on operational issues to do with the provision of care to people in need of services. He has specialisms in mental health and medical law and in regulatory and contractual compliance which he has gained during a career working with providers and regulators of care.
Qualification and experience
• LLB (Hons) University of Wales Cardiff 1994-1997
• LPC University College Cardiff 1998-1999
• Two internships at US law firms in America
• Trained at Bevan Ashford / Bevan Brittan LLP
• Head of Mental Health Law, Bevan Brittan LLP 2006-2007
• Partner at Ridouts LLP 2007 - 2010
• Partner at Bates Wells and Braithwaite London LLP 2010
Clients include
• Hospitals: NHS Trusts, Foundation Trusts and independent sector providers
• Care homes
• Supported living arrangements
• Day care services
• Domiciliary care
• Children's homes and services
• Outreach services
• Therapeutic communities
• And many more operating different models of meeting the needs of people who are ill and/or in need of residential or community services
Work Types
• Advice on registration by the Care Quality Commission (CQC) including advice on conditions of registration
• Advice and representation on regulatory compliance under the Care Standards Act 2000 and the Health and Social Care Act 2008
• Challenging inspection reports and quality ratings
• Advice on the application of the Mental Health Act - detention, treatment, incidents, tribunals and hospital managers' hearings, challenges including judicial review, training doctors, policy advice
• Advising on the provision of care - from using Mental Capacity Act and Deprivation of Liberty Safeguards to basic care and more complex medico-legal issues, including representation in the Court of Protection
• Representation in relation to adult and child safeguarding investigations including representation on commissioning embargoes
• Advice and representation relating to commissioning policy and practice
• Commercial advice on contracts with local authorities, PCTs, individuals
• Specialist support on the sale and purchase of businesses or assets
• Advising on policy direction and models of care provision
• Criminal action - regulatory prosecutions, police investigations, corporate manslaughter
• Inquests
Publications and Memberships
• Editorial Committee Member, Clinical Risk - a journal focusing on patient safety, risk management and medicolegal issues in the UK
• Member of Advisory Panel to the Law Commission on Adult Social Care
• Visiting Fellow, Loughborough University School of Business and Economics
• Co-author: Care Standards, A Practical Guide (Jordans, 2010)
• Editorial Board: Health Care Risk Report
• Articles for HCRR, Journal of Care Services Management, Care Management Matters, Healthcare Business, Caring Times, Caring UK, Journal of Mental Health Law
• Peer Reviewer for the British Journal of Psychiatry and The Psychiatrist
• Member of various working groups on implementation of Mental Health and Mental Capacity law
Talks
• Speaker at various conferences on health and social care. Recent and forthcoming conferences include: Lexis Nexis Future of Health and Social Care Regulation; Mental Health Directors of Nursing Conference on CQC Regulation; Lexis Nexis Care Homes Conference; National Care Homes Congress
• An official CPDcast contributor and contributes to the following podcasts:
- Care Quality Commission Inspections and Inspection Reports
- Service Regulation by the Care Quality Commission
• "Unescorted": buddi Tracker 1 Year On – Legal issues - a talk on introducing GPS tracking devices for mental health patients, given as part of a programme run by South London and Maudsley NHS Foundation Trust, December 2011
• Care Standards: The Provider Experience - a talk given to the judges and members of the First Tier Tribunal, Care Standards, September 2011
• Adult Safeguarding: Law, policy and practice - a talk give at the Lexis Nexis Adult Safeguarding Conference, June 2011
• Reablement: Unlocking the opportunities in the integration of health and social care - a talk given at the Care Management Matters CMM Insight Conference, June 2011
• Care Sector Governance and Regulation - a talk given to the National Care Forum Annual Conference, May 2011
• Preparing for Clinical Commissioning - a talk given as part of a programme run by PLC (the Public Law Company), February 2011
