Proper governance and contractual relationships are fundamental to a well-run organisation. Our leading legal experts understand your business, and the complex legal and policy environment in which you operate, and will provide you with practical advice, sound judgement and clear recommendations.
Our governance team works with NHS commissioners on a range of matters including drafting and reviewing constitutions; standing orders and schemes of delegation and reservation; supporting governance reviews and investigations; managing conflicts of interest and developing innovative models of collaboration with health and care providers, local government and the voluntary sector. We will help you to comply with your legal and regulatory requirements, and demonstrate that good governance is at the heart of everything that you do.

How can Capsticks help?

  • Housing governance and charity law

    Our team has specific expertise in relation to governance and charity law for registered providers (RPs) and the housing sector, including registered charities, exempt charities (including Community Benefit Societies) and social enterprises.

    At the core of our advice is to support boards and trustees in their decision making to meet their legal and regulatory requirements and further their purpose (be it charitable or commercial). Our advice includes commercial activities (advising on for-profit activities and trading companies), land disposals (including charity law requirements for disposals and charging), and providing training on directors, board member and charity trustee duties.

  • Regulatory compliance issues

    We work closely with the Regulator of Social Housing, and maintain regular contact with them to ensure that we are fully aware of areas of focus that may impact our clients. We regularly advise registered provider (RP) boards on the requirements of the Regulatory Framework and in relation to potential regulatory breaches, giving clear practical advice with recommended actions.  This has recently, for example, included advice on potential non-compliance with the rent standard and governance failings.

  • Constitutional issues/group structure

    Our team has specific expertise in relation to constitutional requirements for Registered Providers including the drafting of constitutional documents, establishing new legal structures, and facilitating mergers and joint ventures.

    We recognise that our clients work in diverse areas and this is often reflected in their constitutional requirements. We regularly advise on group structures (including creating new legal structures, establishing subsidiaries and trading companies); mergers with other providers or charities and joint ventures with third parties (including the provision of intragroup arrangements and working alongside tax and other consultants); and constitutional documentation (including rules, articles of association, charity constitutions and secondary documentation such as terms of reference and standing orders).

  • Health governance and risk management

    Good governance and risk management is important in any organisation, but especially for those working in healthcare. We are well versed in addressing the challenges presented in the healthcare setting advising on clinical risk and governance to organisations ranging from hospitals to major private healthcare providers, small independent clinics and specialist areas such as medical teams in elite sport. With our expertise in risk management and healthcare, we’re able to help organisations looking to put effective governance in place and adopt systems for good practice across a range of areas.

    We have worked with health providers to prepare for CQC inspections as well as helping to prepare policies around record keeping, safeguarding and data governance. Using our experience in insurance litigation we have also advised private and public sector clients on appropriate indemnity provisions being in place to provide suitable protection in the event of a legal claim. Our holistic approach builds upon our wide ranging experience in healthcare to give our clients bespoke governance support needed in an ever-changing landscape.

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