Hempsons is the UK's leading law firm dedicated to the health and social care sector. In the NHS alone, Hempsons’ clients include over 180 organisations, trusts and foundation trusts, commissioning bodies and NHS England’s Area Teams. We also act for private healthcare providers and hundreds of individual GPs, dentists and other healthcare-related professionals and practitioners at any one time. The firm’s ‘top 10′ charities practice has in excess of 160 clients, comprising charity and not-for-profit organisations of all sizes and our charity solicitors have extensive experience in this area.
Our new podcast series begins life in the COVID-19 era, and will initially focus on the impact of the coronavirus outbreak on the health and social care system, but will move on to more "business as usual" topics.
Managing patient disputes: practical guidance for clinicians
In this episode, Anita Rao and Flora Jago explore the complex and sensitive issue of managing disputes in patient care. Drawing on their extensive experience advising clinicians and NHS organisations, they break down why disagreements arise, how to identify the root of the issue, and the practical steps clinicians can take to resolve disputes early and safely.
The discussion covers the key legal frameworks for decision‑making across different patient groups, and highlights the common themes seen in paediatrics, end‑of‑life care, cases involving adults who lack capacity, and situations where patients with capacity make decisions that clinicians may find difficult or unexpected.
In this episode, Anita and Flora discuss:
• The two‑stage decision‑making process in England and Wales: clinical judgment and patient choice
• How consent works in practice, and why it must be a meaningful process rather than a signature
• Why disputes often arise: divergent expectations, clinical uncertainty, communication gaps, cultural and emotional factors
• The unique challenges in paediatric decision‑making, including parental responsibility and Gillick competence
• How best‑interest decisions are made for adults who lack capacity, and the role of LPAs and deputies
• The rights of adults with capacity to make decisions clinicians may consider unwise
• When and why the Court of Protection or High Court may become involved
• Practical steps to avoid escalation and support better communication
For more guidance, resources and updates on healthcare law, visit our website at https://www.hempsons.co.uk/
24 Feb 2026
Hempsons podcast: Consent and Capacity for children and young people - 19 November 2025
Episode Overview
In this episode of The Hempsons Podcast, Anita Rao (https://www.hempsons.co.uk/people/anita-rao/) and Flora Jago (https://www.hempsons.co.uk/people/flora-jago/) take listeners through a concise but comprehensive tour of the legal framework surrounding consent and capacity for children and young people in healthcare settings. They explore how decision‑making differs between under‑16s, 16–17 year olds, and adults, and why understanding these distinctions is essential for clinicians and providers.
Key Topics Discussed
Why children and young people aren’t “small adults”
How decision-making in healthcare differs fundamentally and why providers must take a tailored approach.
Gillick competence explained
Its origins in the landmark Gillick case, how emotional and intellectual maturity factor into decisions, and why autonomy for under‑16s is treatment-specific.
The shift at age 16: the Mental Capacity Act
Why 16 and 17 year olds are presumed to have capacity unless assessed otherwise, and how this differs from the pre‑16 competence model.
Understanding parental responsibility (PR)
What PR really means, why not all parents have it, and why checking PR is crucial when seeking consent.
Common complexities and risk areas
Surrogacy arrangements, uncertainty over PR, involvement of local authorities, and serious medical treatment requiring careful navigation.
Managing disagreements
What happens when parents, clinicians, or the young person disagree about treatment, and why early escalation and specialist advice can prevent disputes from reaching court.
Takeaway Message
Consent and capacity in children’s healthcare is a nuanced, evolving area of law. Being aware of age thresholds, legal frameworks, PR boundaries, and potential disagreements enables clinicians to support safe, lawful decision‑making and avoid unnecessary conflict.
Additional Resources
For a deeper dive into this topic, Anita and Flora’s full webinar is available on the Hempsons YouTube channel (https://www.youtube.com/watch?v=EPCqFPi1slk).
4 Dec 2025
Statement writing: tops tips and common pitfalls
In this episode, Mesha from Hempsons’ Healthcare Advisory Team and Abidah from the Inquest Team share expert advice on writing effective witness statements. They explain why statements are so important, what to include, and how to make them clear and professional. From complaint responses to inquests and clinical negligence claims, this episode provides practical tips to help healthcare professionals navigate the process with confidence.
What You’ll Learn:
Why witness statements are critical in healthcare legal processes
Key elements every statement should include (context, factual account, supporting documents, statement of truth)
Writing style tips: clarity, numbering, explaining medical terms, and tone
How to handle apologies and condolences appropriately
Differences in approach for complaints, inquests, clinical negligence, and criminal matters
Practical advice to make the process less stressful
Resources & Contact:
For more guidance or legal support, get in touch with us here: Contact us - Hempsons - Hempsons (https://www.hempsons.co.uk/contact/).
Our team is here to help.
Podcast Authority Score: 32 / 100
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