Paul Spencer

Call 1988

Paul Spencer | Call 1988

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Overview

Regulatory, Inquests & Inquiries, Health & Social Care, Healthcare Providers & Professionals, Health & Safety, Police, CQC, NHS Counter Fraud and other investigations.

Paul is clerked primarily by Lee Johnson and Jennifer Pooler.

“An excellent advocate, with a beautiful courtroom manner – he is totally unflappable.”
Chambers & Partners

In conjunction with Andrew Parsons at RadcliffesLeBrasseur co-hosted a seminar of giving evidence to Select Committees investigations.
The Clerk to the Committee of the House of Commons was the guest speaker.

experience & expertise

Paul is a regulatory specialist who regularly represents NHS Trusts, Independent providers, healthcare professionals and others.

Paul has acted for Core participants in most of the key inquiries over the last 10 years. He led the legal team at Public Health England at the Mid Staffs Inquiry and represented clients at the Deepcut and Hillsborough inquests. He advises clients who face investigation by regulatory bodies and those required to give evidence to investigatory organisations and Select Committees of the House of Commons.

Over the years he has advised and acted for the healthcare regulator and predecessor organisations (the CQC, CSCI, HCC and NCSC) and has a rare insight into the types of enforcement action that organisations and individuals face. He advises and drafts representations following receipt of notices of proposal and thereafter grounds of appeal. He works with Solicitors and experts to bring about the best outcomes in these FTT cases.

He is approved by the BSB as a police station advisor and regularly advises clients who face interviews under caution and prosecution under the Health & safety at Work Act, the Regulatory Reform (Fire Safety) Order 2005, Health & Social Care Act and the Criminal Justice & Courts Act 2015 (“CJ&CA 2015”). Over the last 18 months he has acted for clients in the Magistrates & Crown Court who have faced prosecution for a choking death, a fall from a sling death, a resident who was overcome by smoke following a fire and a number of independent providers who have been prosecuted for Health & Social Care Act 2008 offences. He has an extensive background in criminal law.

Paul has been involved in many urgent and slow cancellation cases before the First Tier Tribunal, Care Standards Tribunal and Registered Homes Tribunal. He represents clients who face CQC interview under caution and is able to give pragmatic advice to those who face enforcement action on what practical steps they might take.

Paul has acted in numerous Coroners inquiries and Art 2 investigations. He frequently acts for large organisations and NHS Trusts who have significant numbers of staff who have been summonsed to give evidence in court. He has an insight into the stress and strain that clients and their staff face in the run-up to court hearings and also advises those required to give preventing future death reports (Regulation 28) to the Coroner. Past inquiries include those concerning secure settings, hospitals, schools (following the death of a pupil who was allegedly bullied), care and nursing homes, railway tracks, police stations and barracks. He has acted for many consultants, GP’s and heads of prison healthcare who have been separately represented where it is believed there may be a potential conflict with their employers.

Past caseload

  • Representing the HPA/Public Health England at the Mid Staffs Inquiry
  • Appearing for a Core Participant at the Hillsborough inquiry
  • Representing the barrack GP and head of healthcare at the Deepcut Inquiry
  • Challenging critical CQC inspection reports and seeking injunctive relief in the High Court
  • A number of substantive appeals before the First Tier Tribunal (Health & Social Care), including on-going appeals for a GP practice and a large healthcare provider
  • Numerous Coroner’s inquiries and most recently a 2 week Art 2 Inquiry into the hanging of a 15 year old boy at a children’s home in Wales
  • Representing a NHS Partnership Trust following the death of a patient who fell from a hoist
  • Representing large healthcare provider following the death of a resident who choked on wrongly provided food
  • Representing home and deputy manager investigated by Hampshire Police for allegations of wilful neglect under Criminal Justice & Courts Act 2015
  • Acting for a dental practice who were prosecuted for running an unregistered service.
  • Various Court of Protection treatment cases
  • Advising one of England’s largest termination services after one of its independent consultants offered a sex selection termination to an undercover journalist. Liaising with the Department of Health and CQC about the imposition of registration conditions so as to permit the service to ‘carry on’ providing services
  • Advising and acting for Castlebeck after BBC’s Panorama broadcast its footage of events at Winterbourne View
  • Represented Norma Ndbele who covertly filmed extremely poor care practice at Ealing hospital for Chanel 4’s award winning Dispatches programme. After the broadcast film, Ealing hospital complained to the NMC about Nurse Ndbele for, amongst other things, not getting patient consent to film. After an extensive NMC hearing Nurse Ndbele retained her registration.

publications & seminars

  • Co-author of Oxford University Press’ Guide to the Care Standards Act 2000
  • Contributor to Bullen & Leake & Jacob’s Precedents of Pleadings
  • Contributor to Sweet & Maxwell’s Commercial Judicial Review
  • Paul regularly provides healthcare articles and frequently presents seminars to clients and others. He has most recently co-hosted a seminar with RadcliffesLeBrasseur on preparing to give evidence to Select Committees of the House of Commons (September 2016).

recommendations

Paul is featured in both of the leading legal directories, with recommendations for both his expertise in professional discipline and Inquests and Inquiries.

Solicitors who spoke to Chambers & Partners described, “an excellent advocate, with a beautiful courtroom manner – he is totally unflappable.”

Other recent directory editorial has included the following:

  • he is very easy to contact and has very good client skills;
  • in court he is a fabulous advocate;
  • extremely client-friendly and a good advocate;
  • he has great judgment, is tactically very sound and handles complex matters well;
  • highly knowledgeable and great team player;
  • resilient and extremely hardworking individual;
  • reflective and extremely hard-working advocate; and
  • he really fights his corner but always with real charm.

further information

For further details of Paul’s practice please click on the links to the left or contact a member of the clerking or client service team.

Bar Council Membership No: 23742
Registered Name: Paul Anthony Spencer
VAT Registration No: 577823691