Case Studies

Social Enterprises / Right to Provide

Examples of our work in this area

“Your Healthcare" Kingston

We advised the first social enterprise to develop out of a health body within NHS London's jurisdiction, this project was ground breaking. We developed an innovative solution within the relevant legislation to enable Your Healthcare to achieve employing authority status which allows both transferring staff and new recruits to benefit from NHS pensions (although DoH policy has now changed). We also worked closely with the client on all aspects of staff terms and conditions with the social enterprise, attended meetings with staff and union representatives and answered Q&As and concerns.

We developed a constitution for Your Healthcare with “mutual” like features, which we now use as a basis for many of our social enterprise clients. This base structure works very well to ensure that organisations think carefully about what they want to achieve and why.  For example, we know how crucial it is for service users to be involved in the organisation but understand that membership is not always an option.

Bromley Healthcare Community Interest Company

We advised the provider arm of Bromley PCT (BHC) on becoming a social enterprise in the context of TCS.  BHC needed to be able to provide services out of a total of 26 properties immediately from the commencement date of transfer, whilst retaining the flexibility to vacate some of the properties at a later date, following an estates rationalisation exercise: we ensured that this was reflected in the contractual documentation. We also negotiated some very flexible termination arrangements which allowed BHC to vacate the premises at relatively short notice without being penalised.

We worked closely with the PCT’s lawyers to ensure that the arrangements were acceptable to NHS London, given the Directions issued by the Department of Health on 16th February 2011, which require PCTs to obtain SHA approval prior to entering into any new property transactions. Our client is now making full use of this flexibility to help it decide which properties it does wish to use on a long-term basis.