Trusted advisors on major NHS Trust Mergers, Insolvencies and Reorganisations
Blake Morgan has a national reputation as effective legal advisors in major NHS Trust mergers and reorganisations including Insolvencies.
Over the last decade we have been involved in delivering a number of major NHS Trust mergers including those reorganisations required following the dissolution of insolvent NHS Trusts such as South London and the Mid Staffs NHS Foundation Trust.
Our expertise spans all aspects of the engagement and consultation requirements for such mergers through to the formal approval process, business case and the complex commercial transfer agreements, covering everything from workforce transfers to property and liabilities.
Main Areas Of Practice
Our experience includes:
Engagement and Consultation
We advise on public engagement and consultation processes ahead of any Trust merger or reorganisation. Our experience shows the vital importance of this engagement to test and develop public support and address concerns about service changes and access to services, including when defending JR proceedings about mergers.
We have considerable experience managing workforce transfers in Trust mergers and reorganisations. Using our deep knowledge of Cabinet Office Codes and TUPE principles we help NHS Trusts plan and execute major workforce transfers, including liaison with workforce representatives, and more formal legal due diligence and advice on workforce reorganisation.
Contract and Asset Transfers
We have well developed processes for reviewing and completing asset and contract transfers. Using commercial due diligence skills we are experienced in providing straightforward reports and processes for assessing the risks around asset and contract transfers and the formal processes needed to complete such transfers.
We have unique experience of interpreting and applying the insolvency regime for NHS Trusts. As main legal advisors on the dissolution of the Mid Staffs NHS Foundation Trust we have unrivalled experience of the formal regulatory and commercial processes needed to complete such transfers.
Formal Agreements and Approvals
We are experienced in negotiating the formal documentation needed to complete complex Trust mergers or reorganisations. Alongside formal legal and statutory processes used to deliver NHS Trust mergers, we also have experience of preparing the other documentation required to complete such transfers including relevant governance approvals.
We act for NHS Trusts and their Boards, the Administrators of insolvent NHS Trusts, various regulators who require independent advice on mergers, and private suppliers or contractors who supply goods or services to affected Trusts.
Merger of Oxford University NHS Foundation Trust (OUH) and Nuffield Orthopaedic Centre NHS Trust (NOC). Acting for the NOC on its merger with OUH including advice on consultation, negotiations with DHSC about the statutory transfer, CMA clearance and charitable funds advice.
Dissolution of Mid Staffs NHS Foundation Trust (MSFT). Acting for the Trust Special Administrators on the dissolution of MSFT including statutory consultations and engagement, transfers of two hospitals to different organisations, major workforce transfers and defending three JR challenges to the process.
Dartford and Gravesham NHS Trust (DGT) and South London NHS Foundation Trust (SLHT). Acting for DGT taking over part of SLHT including complex division of assets, services, workforce premises data and liabilities between the various recipient Trusts.
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