Siwan is a Legal Director in Capsticks' advisory team and also leads the Care Homes group. Siwan deals with the significant range of issues affecting NHS trusts and regulatory bodies, as well as private healthcare and care homes providers.
Consent to Medical Treatment
Siwan has significant experience of advising NHS trusts in relation to the provisions of the Mental Capacity Act. She regularly initiates proceedings in the Court of Protection (COP) and High Court proceedings relating to children on behalf of her NHS clients. Recent examples include obtaining an emergency treatment Order for a mentally incapacitated 13 year old boy whose Jehovah Witness parents were refusing to consent to such treatment; representing an acute Trust in the discharge of a violent incapacitated patient who refused to move to a care home; making an application to the COP for the withdrawal of artificial nutrition and hydration of a 38 year old woman in PVS.
Health and Social Care Regulation
Siwan has significant expertise in health and social care regulation. Recent examples are preparing challenges for NHS Trusts against the factual accuracy of inspection reports and successfully overturning adverse ratings awarded by CQC. Siwan has also assisted NHS Trusts to challenge warning notices. In addition, Siwan advises regularly on the registration requirements of newly created entities, such as social enterprises for health and social care services, and the process for such registration.
Siwan represented the Commission for Social Care Inspection (the predecessor body to CQC) and Ofsted in a large number of appeals made to the Care Standards Tribunal. Such challenges were against decisions made by the regulatory bodies relating to the refusal to register providers, to impose conditions, to cancel or suspend the registration of providers. In addition, Siwan has made emergency applications to Court to cancel, or impose emergency conditions on registered health and childcare providers where there was a significant risk to the health and wellbeing of service users.
Siwan has significant experience of undertaking investigations. She was recently part of the Capsticks team who provided support to a number of NHS Trusts in the investigations undertaken relating to Jimmy Savile’s involvement in NHS establishments, including Broadmoor Hospital. She also recently completed an investigation in relation to the unexpected death of a patient at an NHS Trust.
She has led a team of lawyers investigating allegations of misconduct relating to midwives and nurses. Her team produced hundreds of comprehensive investigation reports which set out the recommended charges for the Conduct Committee with supporting evidence. In addition to the supervisory role involved in relation to the investigations, she also prepared precedent documentation, and a guide, for team members to follow.
Siwan has successfully defended a number of claims in judicial review, examples include challenges made to decisions around CHC funding and NHS treatment for patients from overseas. She regularly provides support to Trusts in disputes about the discharge of patients from an acute environment who have no ongoing medical care needs. She also reviews policies on a range of issues for Trusts.
Siwan regularly speaks at seminars for clients. Recent examples are talks on the changing landscape of CQC inspections and on the regime relating to the Overseas Visitors regulations. She also provides witness support and training to a number of health professionals who have been summonsed to give evidence in court. She regularly lectures on Capsticks Clinical Risk Seminar and prepares E-alerts and articles to clients on key legal developments. Siwan is Chair of Trustees for TLC, a charity enabling vulnerable and orphaned children in Tanzania to access education. She also volunteers on a pro bono basis for the Wimbledon Legal Clinic.
LLB (Hons) University of Bristol