Care Homes

Our solicitors from different areas of expertise have joined forces to provide a specialist Care Homes Legal Team. Our specialists in Commercial, Employment, Commercial Property and Private Client have combined their knowledge and experience to assist you on any legal aspect arising from your involvement with care homes.

From day to day operational matters such as employment, agency and health and safety issues, to the buying or selling of a care home, we can provide the help and advice you need.

The team is a complete solution and works closely with leading advisors in the care home sector including tax and accountancy professionals, specialist valuers and surveyors, and lenders. This ensures that the best possible results are achieved and you benefit from a complete service and optimum advice for your business.

BUSINESS SERVICES

Acquisitions and Disposals

The Business team works closely with the Property and Employment Teams to provide a specialist Care Home Team.

This specialist Team will advise on how to structure the acquisition of a care home and works closely with dedicated Property experts who advise on planning, VAT and Stamp Duty issues, new build and development.

The Employment law experts advise on issues relating to agency staff and the transfer of employees pursuant to TUPE.

The Business team will carry out thorough legal due diligence and raise enquiries into the business, the premises, employees and compliance with the legislation affecting care homes.

The findings of these enquiries will form the basis of the warranties and indemnities incorporated into the contractual documentation to protect your position.

Funding and Securities

Acquisition:

Our Corporate team will advise on all documentation required by your lender in relation to the acquisition or re-financing of your Care Home and equipment.

Lenders:

Franklins act on behalf of lenders to provide independent legal advice and to perfect the security required by major institutions to support funds advanced to finance acquisitions or re-finance existing projects.

Contracts

Numerous types of contract will be required to protect the interests of everyone concerned in the running of your care home, from employment contracts with agency staff to contracts with suppliers, as well as contracts with private residents (or their relatives if more appropriate) or with local authorities for publicly funded residents.

Our dedicated Business team will draft contracts that meet your requirements ensuring you have the utmost protection. Alternatively if you have existing contracts, we can review them and advise you on any amendments necessary or beneficial to you and your business.

Registration and Regulation

The Commercial team will advise on compliance with the legal requirements specified in the Care Standards Act 2000 and the Care Homes Regulations 2001.

Our dedicated team can help with applications for registration in accordance with Part II of the Care Standards Act and can advise on meeting the National Minimum Standards as set out in the Act. We can assist in the event of Care Homes Tribunal proceedings and any problems arising from inspections of the care home or related documentation. We can also provide help in the day to day running of your care home in compliance with the Regulations.

Intellectual Property

During the initial negotiations of setting up your care home you will be putting forward confidential information that you will not wish to be used or leaked by the other party to the negotiations. The only way to prevent disclosure of these negotiations or confidential information is to have in place a confidentiality agreement. Our experts in Intellectual Property Rights can draft such an agreement to best protect your interests.

COMMERCIAL PROPERTY

Franklins' Commercial Property Department provides extensive advice in the acquisition and disposal of freehold and leasehold property; representing lenders in the financing and refinancing of property and advising clients on development opportunities.

We act for investors, owner occupiers, landlords and tenants and work closely with the big four national lenders in their issuing of security.

We act for landlords in the grant of commercial leases, for any type of commercial property and Tenants who are renewing, acquiring, assigning or subletting their property interest.

Acting for both landlords and tenants, we have forged a strong relationship with national commercial property surveyors and specialist building surveyors. We are therefore able to advise clients in relation to potential areas of contention concerning repairs and dilapidations prior to completion of the lease.

If you are a developer we work with your retained professional team in relation to the acquisition, planning, development and disposal of your venture.

From the acquisition of land to the planning process through to completion of the development, we strive to ensure that the service you receive is first class.

We represent commercial and residential lenders who require independent advice in relation to lending to borrowers, working with the borrowers' solicitors in the acquisition of the property.

The Commercial Property Department prides itself in delivering an expedient service with professional advice in relation to every aspect of your instruction.

EMPLOYMENT

Our Employment Team offers specialist advice, relating to a vast range of employment issues. We understand the particular employment needs and requirements of specialist businesses such as care homes.

We are experts at drafting Contracts of Employment, advising on flexible working time requests, the implications of the Working Time Regulations 1998 and the law pertaining to agency workers, as well as offering advice on a whole range of Employee disputes.

We also work closely with the Business Services Team, providing advice on the Transfer of Undertakings (Protection of Employees) Regulations 2006 (TUPE) following the acquisition or sale of your business.

In addition, we offer a retainer service, providing ad hoc advice over the telephone on demand, to ensure that you can receive assistance whenever you may need it.

HEALTH AND SAFETY

We are able to offer advice in relation to the main hazards associated with Residential Care Homes. These include injuries arising from lifting, biological agent hazards, hazardous water temperatures, hot surfaces, electrical safety and general environmental hazards.

We can assist you in ensuring that your Care Home is up to date with all recent Health and Safety Regulations. Our aim is to prevent accidents from happening and ensuring that your Care Home is fully compliant with the specific training needs required.

However, should you be in the unfortunate position where an investigation or a prosecution occurs regarding an alleged breach of Health and Safety Law we have the ability to represent your interest during any investigation and court proceedings.

PRIVATE CLIENT: WILLS, TAX and LASTING POWERS OF ATTORNEY

The Private Client Team are able to offer expert advice and guidance in drafting Wills tailored to your specific business needs. Having an appropriate Will in place is important for everyone, but is of even greater importance when dealing with business assets and inheritance tax.

While Wills are also of great relevance to the residents in your Care Home, another issue of real importance to your Care Home relates to Lasting Powers of Attorney or 'LPAs'. LPAs were created by the Mental Capacity Act and enable a person to authorise an attorney or attorneys to act on their behalf with regard to their financial affairs and/or personal welfare issues.

Having LPAs in place for your residents can enable their financial affairs to be dealt with speedily and efficiently and provide invaluable input for issues relating to their welfare. It gives you a proper point of contact and makes sure that the right person is making the decisions.

Should your residents not have the necessary capacity to put an LPA into place, we are also able to offer advice on applications to the Court of Protection to get the requisite authority to deal with a resident's affairs.

LEGISLATION

The running of a care home is predominantly governed by the Care Standards Act 2000 and the Care Homes Regulations 2001.

The Care Standards Act 2000 covers the registration procedure and possible offences that can be committed for failing to register a care home in accordance with the Act. The Act also allows for inspection of the care home premises and relevant documentation by members of the Commission for Social Care Inspection (CSCI).

The Care Homes Regulations 2001 go into more detail than the Act and impose requirements regarding the basic running of a care home, including the premises, staff, management and conduct of the care home.

Additional legislation may also be applicable as follows:

• Care Standards Tribunal Regulations;
• Smoke-free Regulations ;
• Numerous health and safety regulations;
• Employment legislation.

To contact our specialist Business Services team please either give us a call on 01908 660966 or fill out our online contact form. Our dedicated team are always on hand to assist.