Whether you are buying, selling, or investing in a care business; it is important to be aware of regulatory risks. Risks such as non-compliance in a care service, enforcement action by a regulator, Coroner’s inquests or criminal investigations; can result in adverse publicity and can have a significant impact on the value of a care business.
How can our regulatory due diligence solicitors help?
We are the leading provider of regulatory due diligence in the healthcare and social care sectors. We are well known for advising private equity funds and banks on healthcare regulatory matters and for conducting regulatory due diligence for acquisitions, disposals or refinancing of many of the biggest health and social care providers in the sector. Our health and social care lawyers regularly undertake regulatory due diligence in respect of groups of care homes, supported living services, independent hospitals, specialist acute services (e.g. brain injury rehabilitation), children’s homes, independent special schools, fostering agencies.
The specialist regulatory due diligence undertaken by the group assists investors and purchasers to make informed decisions about the deal and assists vendors to manage disclosure of regulatory issues to purchasers. Our healthcare solicitors advise on the relevant regulatory requirements and support new entrants to the sector to understand the legal framework in the UK, including several US funds. We also advise on the regulatory compliance and any areas of risk to a potential purchaser or investor in the target group.
Our regulatory due diligence reports are a familiar sight to the leading investors and private equity houses operating in the healthcare space, providing an invaluable insight into any shortfalls in governance, quality assurance systems and regulatory compliance – which may ultimately lead to situations such as regulatory enforcement action, resulting in a negative impact on their investment.
As a result of our extensive expertise and formidable reputation in this area, we have undertaken regulatory due diligence on the largest transactions in recent years.
Our healthcare lawyers are also able to provide ongoing support and advice, following an acquisition, in dealing with any which arise. This may include representation at Coroner’s inquests, defending enforcement action or during criminal investigations.
We can also assist with all other aspects of a sale or acquisition. Find out more information about our wider corporate and commercial services.
What is the process?
After our health and social care solicitors have agreed a scope with our client, information will be collected through enquiries posed to the management of the target. We also review publicly available information, such as inspection reports by CQC or Ofsted and adverse media coverage.
The information is collated and analysed by our team of expert regulatory due diligence solicitors, and a report is prepared setting out our findings and views concerning areas of potential risk; based on our everyday experience of representing care providers about such matters and dealing with the regulators.