Eve Piffaretti Partner
“Eve Piffaretti advises on all facets of mental heath and capacity as well as social care regulation and procedure. She has additional expertise in childcare law.”
Eve heads our Commercial team in Wales and the Public Law Group. She acts for public sector organisations across the UK advising on public law and regulatory issues.
Main areas of practice
Eve specialises in statutory interpretation, freedom of information, equality & human rights, safeguarding, mental health and mental capacity law.
Health & Social Care
Eve heads our Health and Social Care Group in Wales. She advises and trains RSLs, health, social care, education organisations, regulators and the voluntary sector on a variety of issues relevant to their service, including governance and compliance, confidentiality and information sharing, equality and diversity, human rights , social care and health care law, the law relating to vulnerable adults and children, judicial review, community care and information law.
Eve acts on behalf of regulators, public and private health, social care and education clients advising on a variety of regulatory issues relevant to their service provision including fitness to practise, patient safety and quality, judicial review, consent, mental capacity, and freedom of information, confidentiality, equality, dignity and human rights, mental health law, the law relating to children, and safeguarding children and vulnerable adults.
Eve is a Legal Advisor to the Professional Conduct Committees of the National College of Teaching and Learning. She also sits as a Legal Adviser to Investigation, Professional Conduct and Suitability Committees of the General Teaching Council for Wales (GTCW). This requires her to have detailed knowledge of case law applicable to professional conduct and fitness to practise processes. Eve also has expertise in the existing and emerging Welsh legislation and policy as it applies to in health and social professionals.
Eve advises regulators such as the NMC, Care Quality Commissioner, NHS England, Human Fertilisation and Embryology Authority, Children’s Commissioner for Wales, Older Persons Commissioner for Wales and the Equality and Human Rights Commission. Eve has provided advice to the Human Tissue Authority since its inception and is currently advising on the HTA Code of Practice on the Human Transplantation Act (Wales) 2013.
Eve also advises central government. local government, NHS Trusts, Local Health Boards, Higher Education Institutions, Registered Social Landlords and Charities on a wide variety of regulatory and public law issues including consultation, equality and human rights, confidentiality and consent, data protection medical law, judicial review, freedom of information and the law relating to vulnerable adults and children.
Experience gained in transport sector, other public bodies or in Central Government
- Successfully resisting challenges and claims by way of judicial review most recently being a claim relating to whether a public sector client had discharged its duty to give due regard to equality in the decision-making during a redundancy programme.
- Advising a number of public bodies on the potential for legal challenges to and judicial review of consultation process, including those relating to reconfiguration and / reduction of service provision. Eve has advised on the reconfiguration of NHS services in Wales for Hywel Dda Local Health Board, Betsi Cadwaladwr University Local Health Board and the South Wales Programme (a collaboration to review configuration of NHS service across South Wales involving Aneurin Bevan Local Health Board (LHB), Abertawe Bro Morgannwg University LHB, Cardiff and Vale University LHB, Cwm Taf LHB, Powys LHB and Welsh Ambulance Services NHS Trust.
- Advising on all aspects of the law relating to confidentiality including the principles governing access to and sharing of sensitive personal data. Eve regularly advise public bodies in relation to compliance with the Data Protection Act 1998, including responses to subject access and requests for information. For example, Eve spoke at the DVLA’s Diversity Conference in March 2013 on the topic of “Diversity in a Digital Age: Legal issues in going digital”.
- Advising NHS clients on the full spectrum of mental health law issues. Regularly instructed in Court of Protection and human rights-related matters.
- Eve advises public bodies on the interface between policy and legal issues in the context of Welsh devolution. She regularly advises in relation to primary legislation which covers England and Wales, such as the Equality Act 2010, and associated secondary legislation, Codes of Practice and non statutory guidance, which is Wales specific.
Work with in-house teams
- Eve works closely with client in-house legal teams, particularly in the health, social care and regulatory sectors. She has developed innovative strategic partnerships with in-house teams to deliver that are wider than traditional legal services akin to health care legal consultancy including provision of integrated mental capacity legal services including advice on disputes , best interests determinations and Court of Protection proceedings. An example of this is the telephone advice line developed on behalf of a Consortium of the five Local Authorities and a Health Board.
- She is a member of our out-of-hours Critical Incident team providing support and advice for range of client in-house teams in relation to Serious Untoward Incidents/ Safeguarding / Regulatory Enforcement matters. She has been involved in high profile and sensitive cases including, safeguarding investigations relating to children and adults, police investigations, internal inquiries, an inquiry under the Inquiries Act 2005, health and safety investigations and prosecutions and coroners’ inquests that have resulted in significant media attention.
- Eve advises on the interface between policy and legal issues in the context of Welsh devolution. She regularly advises in relation to primary legislation which covers England and Wales, such as the Equality Act 2010, and associated secondary legislation, Codes of Practice and non statutory guidance, which is Wales specific.
- Assisting various RSL’s in Wales manage their training and processes to ensure regulatory compliance. For example, she advised an RSL who wished to develop a housing scheme and deliver associated housing management service exclusively to older people. The client was concerned that the impact of the Equality Act 2010 meant that such an offering was discriminatory. Eve was able to advise on the client’s obligations under the Act and how it could undertake the scheme without putting itself at risk of acting in a discriminatory manner.
- Advising a social housing client in relation to the employment of ex- offenders / sub-contractors in the context of Protection of Vulnerable Adult Processes. We advised on the requirements of the Rehabilitation of Offenders Act 1974, Safeguarding Vulnerable Groups legislation, DBS requirements and confidentiality. She also advised on the formulation of an associated policy and procedure.
- Specialist knowledge of health and social care law including considerable experience of advising on child and adult protection processes including multi-agency investigations. She also Investigating and presenting cases in relation to Social Workers and Social Care Workers on behalf of the Care Council for Wales.
“Extensive knowledge and understanding' of health care law and the regulatory issues impacting on the healthcare sector, advising UK-based entities across a range of matters including on judicial reviews, fitness to practice, freedom of information, and human rights and equality issues.”
“Eve Piffaretti is well versed across a broad span of regulatory matters, including fitness to practise, judicial review and the law relating to children.”
“Extensive knowledge and understanding of the social care charity sector and in particular mental health issues.”
“Excellent knowledge of the field.”
“She is always up to date with the latest risks and issues.”
Defining whether an individual is a risk of a deprivation of their liberty continues to create significant difficulties across the health and care sector.
In a landmark decision set out in Montgomery v Lanarkshire Health Board (2015) , the Supreme Court expressed the view that doctors have a duty to take reasonable care to ensure patients are informed about any risks involved in the recommended treatments.
Articles by Eve
The health and wellbeing of children in nursery is a priority for all childcare providers, but what legislation is in place to safeguard children in a nursery setting? Eve Piffaretti discusses what statutory guidance is in place to protect children.
The Law Commission has published its report and recommendations on non-disclosure of certain criminal convictions and cautions
Policy Forum for Wales Keynote Seminar: The future of healthcare services in Wales
We would like to invite you to our next Public Sector Network seminar at our Cardiff office on Wednesday 15 May 2019, specifically for those in the public and third sector.
We would like to invite you to our next Public Sector Network Seminar at our Cardiff office on Wednesday 10 April 2019 for those in the public, charity and third sector.
We would like to invite you to our forthcoming Network training seminar at our Cardiff office on Thursday 21 February 2019, specifically for Blake Morgan clients.
Related Knowledge & Resources
The Court of Appeal clarified the legal position under legislation from a very different era but whose terms remain relevant and are still being felt today, and local authorities will need to take note with their educational buildings.
This year there have been some interesting cases looking at the conduct of local authorities and creditors when commencing bankruptcy proceedings or serving court documents on debtors.
Local authorities will be pleased to note that the Court of Appeal accepts that they only have to consider planning issues when presented with a planning application.