Ros Foster

Experience

Ros Foster has recently joined the Regulatory Division of Capsticks LLP, having been an equity partner in the Healthcare and Public Law team at another firm. Ros specialises in healthcare regulation, public and administrative law and information law and practice.

Ros acts for a range of public bodies, statutory regulators and third sector bodies. Ros’ clients include the Professional Standards Authority for Health and Social Care (“PSA”), NHS England, the Royal Institute of British Architects (“RIBA”) and the Chartered Institute of Building (“CIOB”), as well as a range of NHS bodies, arms-length bodies, charities and local authorities. Ros advises clients on a wide range of contentious and non-contentious matters, and has acted for clients in a number of leading cases in public and disciplinary law including General Medical Council v Jagjivan [2017] EWHC 1247 (Admin), Dr Bawa-Garba v General Medical Council [2018] EWCA Civ 1879 and Miller v Health Service Commissioner for England[2018] EWCA Civ 144. Ros regularly speaks at conferences and other events about disciplinary and regulatory law.

Expertise

Ros has acted for the PSA for many years. As the meta-regulator of all the health and social care regulators, cases brought by the PSA are responsible for bringing about key changes in disciplinary law and practice. As well as supporting the PSA with its appeal function, Ros advises the PSA on key legislative and policy changes in healthcare regulation, where the PSA is a key stakeholder. Ros has significant experience of rule and policy drafting and of advising public and third sector clients on the conversion of policy initiatives into legislative proposals for consideration by Ministers. Examples include:

• Advising the PSA on the Physicians Associates and Anesthesia Associates Order at draft stage and on associated guidance.
• Advising the PSA on proposals for the reform of healthcare regulation.
• Advising a leading children’s charity on the approach to be taken to new legislation to introduce protection orders for children at risk of criminal exploitation and drafting provisions for consideration by the House of Lords.
• Reviewing and advising clients on the draft terms of reference of a number of statutory and non-statutory inquiries including the Covid Inquiry and the Ockenden review into maternity services.
• Drafting the legislation to establish Natural Resources Wales, which was founded from the Countryside Commission, the Environment Agency and the Forestry Commission. This work involved consideration of cross-territorial and transitional matters.
• Drafting a new complaints policy and protocol for a Royal Charter body so as to amalgamate three existing Codes of Conduct and associated procedures.
• Redrafting the Code of Conduct and the Disciplinary Regulations of the Chartered Institute of Building.
• Advising a range of public bodies on policies and procedures relating to the management of vexatious and unreasonable individuals so as to allow effective action to be taken while minimising the risk of challenge.

Ros acts for the Care Quality Commission in relation to appeals against enforcement decisions and has acted for providers in challenging decisions of regulators such as Ofsted. Ros advises a range of NHS and private providers of assisted conception services on regulatory matters including responses to Human Fertilisation and Embryology Authority (“HFEA”) investigations and enforcement decisions. Ros has advised the RIBA on a range of contentious governance and disciplinary matters, including the conduct of an investigation into disclosures made by its former President in 2020, assistance with a comprehensive review of its disciplinary byelaws and regulations and conduct of high profile data breach litigation in Northern Ireland. 

Ros has conducted and is currently instructed in a number of investigations for clients that are of a confidential, highly sensitive nature. Ros was instructed by the PSA to conduct an investigation on its behalf into whistleblowing complaints about a healthcare regulator that had been made to the Secretary of State for Health and, as referred to above, an investigation into the conduct of the then President of another regulator that received attention in the national press. Ros has significant experience of investigations in the regulatory, charity, local government and other public sector contexts, including in relation to statutory officers and in contexts where statutory reports have been issued. Ros is currently assisting a leading NHS Trust with an enquiry into the potential misuse of research grant funds and the related systemic and governance issues. 

Ros advises a number of large NHS Trust on governance matters including those arising from the reconfiguration of services and legislative change. Ros has developed a specialism in supporting clients with the management of difficult and vexatious individuals and in safeguarding. Ros is currently advising a leading children’s charity on the Crime and Policing Bill and has drafted legislative provisions that are due to be considered by the House of Lords later this year.

Ros regularly advises a wide range of clients in the public, private and third sectors on all aspects of data protection and freedom of information law and practice, and on the law of confidentiality, privilege and disclosure. Ros regularly delivers general and bespoke training about all aspects of information law.

 Qualifications

• De Montfort University: Legal Practice Course Distinction plus Award for Outstanding Performance 
• University of Birmingham LLB Law (Hons): 2:1