Errol Archer Solicitor-Advocate

Health and Social Care Law Expert

Experience

Expertise

Results

For a free no-obligation legal consultation,
please call me on 020 7129 7961 or 07729 421836
or submit your details below

Errol Archer Solicitor-Advocate

Health and Social Care Law Expert

Experience

Expertise

Results

For a free no-obligation legal consultation,
please call me on 020 7129 7961 or 07729 421836
or submit your details below

Services

Appealing to the First-Tier Tribunal (Care Standards)
Challenging Draft Inspection Reports by CQC or Ofsted
Challenging Cancellation, Suspension or Variation of Conditions of Registration by CQC 
Challenging CQC Warning Notices
Challenging Fixed Penalty Notices
Challenging Regulatory Prosecutions by CQC or Ofsted
Challenging Refusal, Suspension or Cancellation of Registration by Ofsted
Challenging the Imposition or Variation of a condition of Registration by Ofsted 
Challenging a Restriction of Accommodation by Ofsted
Defending Health and Safety Prosecutions by CQC or HSE
Applying for Registration and Challenging Refusal of Registration 
Advice and Support with Local Authority Safeguarding Adult Reviews and Enquiries

In-House Counsel Services

It is no coincidence that all of the larger and successful health and social care providers have in house legal advisers. Such lawyers get to know the directors and senior staff well and get to know how the business operates from the inside. Legal risks are identified and dealt with early on and staff have regular access to legal training and an informal legal sounding board. Good legal counsel mitigate risks, prevent legal issues from becoming problems and pro-actively educate staff towards regulatory compliance.

Smaller providers cannot justify the cost of a permanent full-time legal counsel on the payroll. My innovative in house counsel service provides my clients with all the benefits of their own in house legal adviser at a fraction of the cost.

To find out more about how my innovative in house service could add value to your business, please contact me.

Advocacy

FIRST-TIER TRIBUNAL (CARE STANDARDS)

  • Care Home Appeal against CQC Notice of Decision
  • Children’s Home Appeal against Ofsted Notice of Decision
  • Care Agency (Home Care) Appeal against CQC Notice of Decision
  • Independent Hospital Appeal against CQC Notice of Decision
  • Clinic Appeal against CQC Notice of Decision

CORONERS’ COURT INQUESTS

  • Inquest following a resident’s death in a care home
  • Inquest following a patient death in hospital
  • Inquest following a care agency (home care) client’s death
  • Inquest following the death of a person detained under the Mental Health Act
  • Inquest following the death of a person under outpatient psychiatric care

FIRST-TIER TRIBUNAL (MENTAL HEALTH)

  • Special Hospital representation to Restricted Patient Appeal for Conditional Discharge
  • NHS Trust representation to Restricted Patient Appeal for Absolute Discharge
  • NHS Trust representation to Community Patient Appeal for discharge from Community Treatment Order

EMPLOYMENT TRIBUNAL (Health and Safety Appeals)

  • Health Care Provider Appeal against an HSE Improvement Notice
  • Social Care Provider Appeal against an HSE Improvement Notice
  • Health Care Provider Appeal against an HSE Prohibition Notice
  • Social Care Provider Appeal against an HSE Prohibition Notice

HIGH COURT

  • Application for Judicial Review of Local Authority Decision
  • Application for Judicial Review of CQC Decision

As a Solicitor-Advocate, My Approach to Case Preparation is as Follows

CASE ANALYSIS

  • Understand the regulator’s case against you
  • Assessing the strengths and weaknesses of the reguator’s case
  • Geting to know your business in detail
  • Assessing the strengths and weakensses of your service
  • Assessing the merits of you appeal

CASE STRATEGY

  • Developing your case strategy
  • Considering the law, your business, your service, timing and approach
  • Engaging and negotiating intelligently and persuasively with the regulator
  • Advising on when and how to use care consultants to build you case
  • Guiding you on when to bring in specialist public relations support

CASE PREPARATION

  • Building your case and gathering evidence
  • Reassuring and familiarising your witnesses with the court process

ADVOCACY IN COURT AND TRIBUNAL

  • Ensuring your witnesses give their best evidence possible in court
  • Skillfully cross-examining CQC, Ofsted and HSE inspectors
  • Persuasive closing speeches in court and tribunal

BEYOND THE HEARING

  • Enhancing your standing with the regulator
  • Maintaining working relationships with your inspectors

About Me

Directors and owners of care homes, independent hospitals, children’s homes and home-care providers approach me to provide, strategic, commercial and achievable solutions to legal, regulatory and compliance issues.

My approach is persuasive and measured with the balanced judgement that comes from decades of experience.

Having successfully set up, run and managed a highly regulated business myself for many years, I am keenly aware of the need to protect your ‘bottom line’ and your business reputation. I view law and compliance as an essential and enabling means to an end; to help your business thrive.

Protect your ‘bottom line’ and business reputation

My measured and diplomatic approach has proved successful.

But when your business and the livelihood of your staff are unfairly or wrongly threatened, I take a tough yet persuasive approach to prevent, mitigate and stop enforcement action by regulators.

I deliver this law firm partner-level service as a consultant solicitor-advocate through healthcare specialists Scott-Moncrieff & Associates and My Business Counsel.

Knowing which approach to take has delivered success for my clients, protecting their bottom line and enhancing their reputation, in:

  • winning appeals at tribunal against CQC Notices of Decision
  • successfully challenging Notices of Proposal
  • persuading regulators to withdraw Fixed Penalty Notices
  • making positive amendments to inspection reports and raising inspection ratings
  • removing conditions of registration restricting admissions
  • persuading local authorities and other commissioners to cease enhanced contract monitoring, favorably settling contract fee disputes and lifting embargos
  • defending Health and Safety prosecutions
  • protecting business reputations at Coroners’ Court Inquests, avoiding critical narrative conclusions and avoiding reports to Prevent Future Deaths

SOLICITOR ADVOCATE (CIVIL) AND Member of the Solicitors Association of Higher Court Advocates

Member of the Association of Disciplinary and Regulatory Lawyers

Member of the Association of Health and Safety Lawyers

PAST MEMBER OF THE LAW SOCIETY MENTAL HEALTH TRIBUNAL PANEL FOR 10 YEARS

Advocacy at Tribunals and Inquests

Solicitor Advocate

As a Solicitor Advocate I am ideally placed to deal with tribunal appeals from start to finish and with experience of advocacy at hundreds of tribunals and at the Coroners' Court, you will have an experienced health and social care law expert talking your language and that of the tribunal panel.

Solicitor Advocates are qualified to exercise 'Higher Court rights' in the same way as Barristers and to appear for you in all courts, including the High Court, Court of Appeal and the Supreme Court.

Mental Health Law and Mental Capacity Law

Former Mental Health Tribunal Panel Member

Having been a Law Society Mental Health Tribunal Panel member for a decade, I have advised on mental health law in all types of settings, from LD units to mental health wards to secure psychiatric units and Special Hospitals. Even with good policies and procedures in place, staff often have queries about documentation, s.17 leave, second opinions and tribunals.

​I work with Mental Health Act Administrators and ward staff to provide guidance and legal assurance that they are acting lawfully, as well as practical training on MCA/DoLS and Mental Health law and compliance.

“…an approachable and commercially minded solicitor…”

“…his thoughtful ‘charm offensive’ helped to persuade CQC and the local authority to back off…’

“clever legal argument backed up with lots of evidence…”

“…he bought the business valuable time to demonstrate improvements…”

“…CQC’s threatened closure never happened and our residents and families are also very happy with the outcome…”

“…he listens very carefully to what you have to say and is calm and insightful”

“…always very well prepared when he sees us…really understands our care home business…”

“…he goes the extra mile...”

Resources

CQC REGISTRATION

CQC registration can be smooth and relatively quick so long as the application form is fully completed and all supporting evidence is obtained and provided at the outset.

You will be committing an offence and subject to prosecution by CQC if you carry out a "regulated activity" without registration. Any breaches will make future registration highly unlikely.

With CQC's new market shaping role and rules around corporate structures and registration, providers have found that my guidance at the outset helps to smooth the process through to registration.

CQC INSPECTIONS & REPORTS

With CQC's targeted and unannounced inspections, being more focused and increasingly in depth, directors and managers find it helps to prepare proactively for inspections and have plans in place to handle matters positively when a team of inspectors turns up unannounced.

Preparing for inspections appropriately, handling the inspectors positively and responding effectively to draft reports and draft ratings ensures that your reputation is protected, raises morale and adds value to your business.

CQC enforcement action

CQC continues to use its full range of enforcement powers. You may have received a Warning Notice from CQC or a Notice of Proposal to impose an additional condition or to cancel your registration. You may be faced with a Notice of Decision to cancel your registration or with a Fixed Penalty Notice. A timely and robust legal response can stop CQC in their tracks and in serious cases, save your business.

Speaking & training

Topics that I regularly provide 
training on

  • CQC Update and Inspections – how to ensure a fair inspection, fair report and ratings
  • Unexplained / Untoward Deaths – Inquests and the Coroners’ Court
  • Good and Outstanding – ensuring your governance supports high quality care
  • MCA and DoLS – refresher case studies
  • Local Authority Safeguarding Introduction - what staff need to know, and do
  • CQC Enforcement and Special Measures – legal defence strategies and reputation management
  • Resident Care Home Contracts and Consumer Law
  • Resolving Local Authority fee disputes
  • Health and Safety Executive and CQC Prosecutions – avoiding prosecution and mitigating fines
  • Mental Health Act – refresher – day-to-day compliance for staff and managers

training courses

I have delivered training courses to individual providers, care associations, sector conferences and to staff teams in central government and at regulators. I am skilled at and enjoy devising and delivering engaging courses to staff at all levels.

Popular courses:

Data Protection and GDPR - Introduction​ or Advanced

2 hour session with case study

Preparing for CQC Inspections and responding to Draft Reports

2 hour session with case study

Coroners’ Court Inquests – preparation for court, case study and role play

2 hour session with case study

fees and costs

Excellent value for money

As one of an increasing number of expert lawyers offering their services as consultants through ‘next generation’ law firms, my clients don’t pay for the expensive overheads of a traditional firm. My colleagues and I provide a personal service that is responsive and effective, delivering excellent value for money.

certainty of cost with a fixed fee

Where possible I work on a fixed fee basis that provides you with absolute certainty of cost for an agreed piece of work, for example to draft and submit a factual accuracy response to CQC, to prepare and conduct an appeal to the Tribunal or to review and prepare an application for registration.

Best value for smaller providers

My innovative in house service is highly cost effective and usually the best value for smaller providers with less than five ‘locations’.

Legal expense insurance

My expertise is acknowledged by insurers and where your insurance covers the legal work needed, I am able to work around the rates set by most insurers.

Avoid additional barrister fees

As an experienced Solicitor Advocate, I am one of an elite group of solicitors who are qualified to represent clients personally in all tribunals and civil courts, as well as at inquests. My clients do not need to pay extra for a barrister to re-read the documents or to put their case in court.

Excellent value for money

Certainty of costs with a fixed fee

Innovative in-house service is best value for smaller providers

Within most insurers’ rates

No additional barristers' fees

Transparent, itemised invoices monthly

contact me

For a free consultation feel free to contact me any time on

020 7129 7961 or 07729 421836

email: errol@archers-law.com

I provide my services as a Consultant Solicitor-Advocate through the firms below

my business counSEl

My colleagues at My Business Counsel are able to provide you with specialist legal services in employment law, commercial law, corporate law and real estate, amongst others.

Scott Moncrieff

My colleagues at Scott Moncrieff are able to provide you with specialist legal services in, amongst other areas, commercial contracts, mergers and acquisitions and directors duties.

Alternatively, please complete the form below and I will get back to you promptly.

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Archers Law is a trading name of Archers Law (Healthcare) Limited, company number 11449112 registered in England & Wales whose registered office is Windsor House, Bayshill Road, Cheltenham, England, GL50 3AT. For the avoidance of doubt, Archers Law (Healthcare) Limited trading as Archers Law is not authorised by the Solicitors Regulation Authority.