Led by Eve Piffaretti, Blake Morgan LLP's multi-disciplinary eight-partner team provides a 'responsive and highly flexible service' to public sector entities spread across local/central government, health, social housing and education… Praised for her 'timely and pragmatic advice', Piffaretti has deep knowledge across Welsh public law issues, particularly in relation to statutory interpretation of health and social care and regulatory.
Eve is Head of Office in Wales and heads our Public Law Group. She acts for public, private and third 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 the NHS in Wales, Local Authority Adult and Children’s Social Services Departments, other health, social care, education organisations, regulators, Commissioners and the third sector on a variety of issues relevant to their services, including governance and compliance, confidentiality and information sharing, consultation, equality and diversity, human rights, social care and health care law, the law relating to adults at risk 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 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 adults at risk.
Eve is a a Legal Adviser to Investigation, Fitness to Practise and Suitability Committees of the Education Workforce Council (EWC). She also presents cases in relation to Social Workers and Social Care Workers on behalf of Social Care Wales and sits as a Legal Advisor to the Professional Conduct Panels of the Teaching Regulation Agency. 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 also sits as a Legal Adviser to Statutory Approval Committees of the Human Fertilisation and Embryology Authority and advises the Human Tissue Authority.
Eve advises regulators such as NHS England & Improvement, the Human Fertilisation and Embryology Authority, the Human Tissue Authority, the Children’s Commissioner for Wales, the Older Persons Commissioner for Wales and the Equality and Human Rights Commission.
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 2018 and GDPR, including responses to subject access and requests for information.
- Advising NHS clients on the full spectrum of mental health, mental capacity and Deprivation of Liberty Safeguards 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 health and mental capacity legal services including advice on disputes, best interests determinations and Court of Protection proceedings including s21A reviews of DOLS authorisations and declarations relating to Serious Medical Treatment. 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 is the co-author of Sweet and Maxwell’s Mental Capacity Act Manual and also co-edits the Encyclopedia of Social Service and Child Care law.
Eve is a member of the Society of Authors and the Wales Observatory on the Rights of the Child. She is also Chair of Cardiff Breakfast Club.
She is an accredited trainer on the Mental Capacity Act 2005 and holds an ISEB Certificate in Freedom of Information law.
Eve qualified in 1993 after attending Cardiff University and completing her Law Society Finals at the College of Law in Guildford. She also has an Information Systems Examination Board Certificate in Freedom of Information which she gained in 2009.
She was named in the 2021 Legal 500 Hall of Fame.
Eve Piffaretti has an excellent reputation for her expertise in relation to statutory requirements in both the healthcare and social care sectors. She also assists with judicial reviews and tribunals concerning deprivation of liberty and mental health issues.
The individuals have an excellent range and depth on knowledge on their subject. Both Richard Jones and Eve Piffaretti are extremely knowledgeable and respected in their field. They are always approachable, and the advice they offer to practitioners has been helpful and practical. They have a good understanding of the challenges facing staff, and have are therefore able to offer appropriate, practical, and applicable advice.
Eve Piffaretti is vastly experienced in advising clients on mental health and mental capacity law, in addition to handling complex Court of Protection proceedings and tribunal appeals. Her client base comprises care providers, housing associations, charities and government bodies.
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 Piffaretti is well versed across a broad span of regulatory matters, including fitness to practise, judicial review and the law relating to children.
Insights by Eve
What are the reforms to the health sector? Our experts highlight the key points and examine the health and social care changes in the recently introduced Health and Social Care...Read More
The Department for Education has recently published updated statutory guidance for schools and colleges on safeguarding children and safer recruitment. Keeping children safe in education 2021, which comes into force...Read More
Blake Morgan’s Public Sector Network – Additional Learning Needs and Education Tribunal (Wales) Act 2018 – PAST EVENT
Our Public Sector Network event on Monday 26 July 2021 was on the topic of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.Read More