Serious hand injuries can instantly alter every aspect of a person’s life. In addition to physical trauma, they often impact confidence, mental health, employment, and independence in less visible ways.

This case demonstrates the importance of early rehabilitation and specialist legal representation following traumatic amputation injuries. The focus extended beyond compensation to ensuring my client received appropriate treatment, support, and rehabilitation from the outset, providing the best opportunity to rebuild his life after a devastating workplace accident.

Case at a glance

  • The accident: A workplace machinery incident involving a magnetic pillar drill that pulled my client’s dominant left hand into the machine.
  • The injuries: Partial amputation of the left thumb, fractures to both bones in the wrist, extensive soft tissue damage, Post-Traumatic Stress Disorder (PTSD), and ongoing psychological symptoms.
  • The outcome: £350,000 settlement (net of contributory negligence), together with extensive rehabilitation funded throughout the claim.

A devastating accident at work

My client was using a magnetic pillar drill at work when it snagged his anti-cut glove, pulling his dominant left hand into the machine. His employer alleged that he was contributorily negligent, contending that, as an experienced engineer, he should have known that wearing gloves while operating such machinery created a foreseeable risk and made him partly responsible for the accident.

The claimant, however, maintained that it was standard practice for operatives to wear anti-cut gloves when using the pillar drill and that he had never been instructed not to do so.

The consequences of the accident were severe. He suffered a partial amputation of his left thumb, fractures to both bones of his wrist, and a significant laceration to his forearm. What followed was a long and demanding course of treatment and rehabilitation, involving multiple operations to repair fractures, relieve pressure in his hand and forearm, and treat extensive soft tissue damage. Surgeons also performed a groin flap procedure, temporarily attaching his injured hand to his groin to restore its blood supply and maximise the prospect of preserving function.

His recovery was complex. He developed an infection requiring antibiotics, needed additional surgery to reshape the amputation stump after wound breakdown exposed bone, and was still awaiting corrective wrist surgery when the claim settled.

The emotional impact was just as significant

Traumatic accidents rarely result in only physical injuries, and this case was no exception.

My client developed Post-Traumatic Stress Disorder, experiencing intrusive flashbacks, disturbed sleep, and overwhelming anxiety about returning to work with machinery. He became reluctant to discuss the accident and increasingly avoided reminders of it.

In addition to PTSD, he experienced periods of low mood, reduced motivation, and difficulty concentrating. These reactions are understandable. In serious injury cases, physical and psychological recovery are closely linked, so should be addressed simultaneously.

Putting rehabilitation first

Early rehabilitation can have a significant impact on long-term outcomes. In serious injury litigation, our priority is to secure access to rehabilitation as early as possible, rather than waiting for a claim to settle. In this case, under the Rehabilitation Code, we arranged for an experienced case manager to coordinate a comprehensive programme tailored to our client’s individual needs. This included:

  • Specialist psychological therapy to help him process the trauma of the accident
  • Extensive hand therapy, physiotherapy, and upper limb occupational therapy
  • A specialist driving assessment
  • A range of aids and equipment to maximise independence during recovery and afterwards

The goal extended beyond physical recovery. It focused on helping him regain confidence, rebuild independence, and adapt to life after such a major injury.

As solicitors, we cannot change what has happened, but we can help ensure clients receive the right support at the right time.

Rebuilding independence after amputation

For many, the greatest challenges begin after leaving hospital.

During recovery, my client relied heavily on family and friends for support with daily tasks such as shopping, cooking, cleaning, gardening, and attending appointments. Activities that were once routine became difficult or impossible to manage alone.

He eventually returned to work in the summer of 2025 on a phased basis, initially three mornings per week. However, his long-term employment prospects had changed significantly.

Due to permanent limitations in his dominant hand, he could not return to his previous role or perform regular heavy manual work. He also found cold environments particularly challenging.

Helping clients understand and plan for these long-term consequences is essential to achieving the right outcome.

Looking beyond the settlement

The claim ultimately settled for £350,000, after a deduction for contributory negligence.

Whilst the financial settlement reflected the seriousness of the injuries and future losses, the most significant outcome was the quantity and quality of rehabilitation we achieved during the claim.

Coordinated support from the case manager, therapists, and clinicians helped my client navigate a difficult period, addressing both physical recovery and psychological trauma whilst restoring as much independence as possible.

Why specialist experience matters

Traumatic hand injuries and amputations are never straightforward. These cases often involve multiple surgeries, lengthy rehabilitation, psychological trauma, and significant changes to work and daily life. Understanding the full impact of such injuries and securing early rehabilitation can make a profound difference to a client’s recovery and long-term quality of life.

Need advice following a serious hand injury or amputation?

If you or someone close to you has suffered a traumatic hand injury or amputation at work, early specialist legal advice can help you access the rehabilitation, treatment, and financial support you need.

I’m happy to discuss your circumstances confidentially and at no cost, and to explain how we may be able to help.

Have you suffered injury as a result of negligence?

If you have suffered avoidable harm, our specialist personal injury team is here to help.

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For those of us representing people affected by serious injury, access to justice is deeply personal. Each claim represents someone whose life has been disrupted through no fault of their own: an employee unable to work, a family facing uncertainty, or an individual rebuilding after a devastating accident.

This is why I am so proud of RWK Goodman’s relationship with the Association of Personal Injury Lawyers (APIL). As a founding corporate sponsor, we have supported APIL from the beginning of this campaign because we believe people injured through negligence deserve specialist legal representation, tailored support, and the opportunity to rebuild their lives.

Over the years, APIL has become more than a professional association. It has been a strong advocate for injured people, challenging misconceptions, shaping public debate, and ensuring victims’ voices are heard.

Standing up for injured people

APIL’s latest report, The Justice Gap: Facing Victims of Negligence, highlights the significant challenges injured people face today. Its findings show that:

  • Millions of people harmed through negligence never pursue compensation.
  • Personal injury claims have fallen dramatically over the past decade.
  • Increasing numbers of injured people are missing out on the financial support, rehabilitation and answers that a claim can provide.

However, statistics hide real stories. Each figure represents a person whose life changed instantly. Without specialist legal advice, many miss out on rehabilitation, treatment, or the financial security that could improve their quality of life and provide support to their families.

Too often, the burden of negligence falls on those least able to bear it, rather than those responsible. This is a reality we see first-hand every day.

Changing the conversation

I deeply admire APIL’s determination to challenge the myths that have surrounded personal injury law for too long. Public debate is often dominated by rhetoric about a so-called “compensation culture,” which overlooks the real experiences of injured people.

APIL consistently refocuses the conversation on recognising the needs of innocent victims, promoting safer practices, and ensuring those responsible for negligence are held accountable.

Their advocacy benefits everyone. Compensation is not a reward for injury; it aims to restore what has been lost as far as possible, funding rehabilitation, ongoing care, specialist therapies, adapted housing, and replaces lost income when someone cannot work.

Many clients also tell me that pursuing a claim provides answers, accountability, and reassurance that their experience mattered.

The growing barriers to justice

APIL’s report also highlights a trend many claimant lawyers have seen in recent years. Changes to claims processes, the impact of fixed recoverable costs, and hurdles for victims of crime, have made accessing specialist legal advice increasingly difficult for those who need it most.

The consequences are far reaching. Delayed legal advice often leads to delayed rehabilitation, prolonged financial uncertainty for families, and missed opportunities to improve safety and prevent future harm.

There is also a wider societal cost, with increased pressure on public services, including the NHS. APIL’s strength lies in demonstrating these broader consequences through research and evidence, ensuring policy discussions remain grounded in the real experiences of injured people.

Why specialist lawyers matter

Every day, I see the profound difference specialist legal representation makes. Supporting someone through a difficult time involves more than securing compensation. It means listening, explaining legal processes, arranging early rehabilitation, working closely with medical experts, and helping families navigate uncertainty with confidence.

It is a privilege to do this work, and specialist claimant lawyers across the country approach it with compassion, expertise, and determination. APIL has always upheld these values. Its commitment to education, ethical practice, and high professional standards has strengthened our profession and created a community united by the goal of improving the lives of people injured through negligence.

Looking ahead together

At RWK Goodman, our support for APIL reflects our core values. We believe specialist legal expertise changes lives and that everyone deserves access to justice, regardless of financial circumstances. Above all, every injured person deserves to be heard.

As the legal landscape evolves, organisations like APIL are more important than ever. Through research, campaigning, and advocacy, they ensure the voices of injured people are heard where and when it matters most.

We are proud to stand alongside APIL, as we have since its inception. Together, we will continue to champion access to justice, support those harmed through negligence, and ensure every injured person can access the expert representation and support they deserve.

Have you suffered injury as a result of negligence?

If you have suffered avoidable harm, our specialist personal injury team is here to help.

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Independent Investigation into Maternity and Neonatal Services in England

Every new review into maternity care raises the same question for families who’ve already lived through avoidable harm: Will anything actually change this time? After so many inquiries, it’s understandable if some struggle to believe another report will make a difference.

Baroness Valerie Amos’ report – Independent Investigation into Maternity and Neonatal Services in England – doesn’t simply identify individual failings, it argues that the system itself is no longer consistently delivering the standard of care families should be able to expect. Although most births are safe, the report finds the system cannot consistently provide safe, compassionate care for every family, which should concern everyone.

Coming just days after the Ockenden Review into Nottingham’s maternity services, the Amos report reminds us that these failures are not isolated to one hospital or region—they are systemic. In my recent article on the Ockenden report, I said that another document gathering dust on a shelf would be meaningless without action. Sadly, that’s a frustration I hear echoed by many of the families I represent. After one inquiry follows another, they understandably ask why similar failings continue to happen. Unfortunately, this latest report reaches a remarkably similar conclusion: too many previous recommendations have lost momentum or been ignored entirely.

Baroness Amos concludes that England’s maternity and neonatal system can no longer consistently deliver safe, high-quality and compassionate care, and calls for urgent, comprehensive reform.

Why the Amos report matters: Culture as a patient safety issue

Baroness Amos’ review goes beyond individual errors to examine why the healthcare system is slow to learn, identifying a fragmented, complex system where staff face constant pressure and culture undermines patient safety.

Good maternity care isn’t only about clinical skill—it’s also about recognising that women know their own bodies. Again and again, I meet mothers who tell me, “I knew something wasn’t right.” The tragedy is that they were often proved right only after opportunities to intervene had already been lost. Listening isn’t simply compassionate care—it can change outcomes.

Confronting embedded racism and health inequalities

Some of the most troubling findings concern inequalities that have been discussed for years but still persist. Black women continue to face a far greater risk of dying during pregnancy or childbirth than white women, while Asian women also experience disproportionately poorer outcomes.

These are not simply uncomfortable statistics, they represent mothers whose concerns may have been overlooked, families whose outcomes might have been different, and inequalities that have persisted for far too long. Treating them as patient safety issues, rather than unavoidable facts, is long overdue.

A system under pressure: The danger of fragmented care

None of this should be read as criticism of the dedicated professionals working in maternity services. Most midwives, obstetricians and neonatal staff are doing extraordinary work in extremely difficult circumstances. But goodwill alone cannot compensate for chronic staffing shortages, ageing facilities and growing clinical complexity.

Over the years, I’ve spoken to many clinicians who are deeply committed to providing excellent care but feel they’re working in a system that makes that increasingly difficult. That doesn’t excuse avoidable harm, but it helps explain why sustained investment is essential.

One feature I see repeatedly in serious cases is information falling through the gaps between different teams. Pregnancy isn’t one continuous service—it’s a series of handovers. When communication between teams breaks down, families can pay a devastating price.

Turning recommendations into reality: Accountability and compensation

The report’s main proposal is to establish a statutory Maternity and Neonatal Commissioner to drive improvements and enforce accountability. This role must have real enforcement powers to be effective, not just add a layer of bureaucracy.

The report recommends families have an automatic right to request an independent investigation if dissatisfied with a hospital trust’s internal review. Families often tell me they feel like observers rather than participants in investigations into what happened to them, and if confidence is to be rebuilt, those voices need to be part of the process from the beginning.

The report critiques the clinical negligence process and urges the government to consider less adversarial compensation approaches. Whilst this discussion is important, the rights of injured patients must be protected. In my experience, very few families begin by wanting compensation. Most simply want someone to explain what happened, acknowledge mistakes where they’ve been made and reassure them lessons will be learned. Legal action often follows only when those conversations never happen.

Compensation for catastrophic birth injuries is essential to fund lifelong care, therapies, and adapted accommodation. Earlier openness and support would be welcome, but the safety net for affected children must remain intact.

What the Amos report means for families seeking answers

If you are currently pregnant, most births in England and Wales are safe and positive. The report aims to drive improvement, not cause alarm.

The impact of a serious birth injury doesn’t end when a family leaves hospital. For many of the parents I work with, it’s the beginning of years of appointments, therapy, uncertainty and adapting to a very different future than the one they expected.

No family wants to find themselves needing legal advice after the birth of a child. But where avoidable mistakes have caused lifelong injury, getting specialist advice early can make a significant difference to the support available for the future.

Our guide to Birth injury claims explains the process.

Delivering lasting change beyond the headlines

One thing I’ve learned from working with families over many years is that legal outcomes are only one part of recovery. Speaking to other parents who truly understand what you’ve experienced can be just as valuable. We support online spaces such as the Little Champions Instagram community for families of children with birth injuries, and What About Mums? for maternal injuries and mental health. Connecting with others can make a significant difference in recovery.

Reports do not make maternity care safer—people do. The Amos review will only matter if its recommendations lead to different decisions on hospital wards, in boardrooms and across government. Families have heard promises before, and many have every reason to be sceptical. I hope this report proves to be different. For the sake of future parents and babies, it must.

As the Royal College of Nursing recently emphasised, this cannot become another missed opportunity. For mothers and babies nationwide, the system must change for good.

Have you experienced negligent obstetric care?

If you or you child have suffered avoidable harm, our specialist birth and maternal injuries teams are here to help.

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Despite the enormous attention generative AI has received, evidence of large-scale productivity gains remains mixed,  with many organisations  struggling to achieve measurable returns on their investment.

This reflects Amara’s Law: we tend to overestimate the short-term impact of new technology and underestimate its long-term effects.

The history of other general-purpose technologies, such as electricity, suggests that transformational productivity gains do not come from simply adopting the technology itself. They arise when organisations redesign the way the technology is used.

How can employers adapt to AI?

A key starting point for employers is to analyse work at the task level rather than the job level.

Most roles consist of a combination of activities:

  • Tasks that can be readily augmented through AI, such as drafting, translation, summarisation and information synthesis.
  • Tasks that may be partially automated but require significant investment, oversight or specialist implementation, such as contract reviews.
  • Tasks that remain fundamentally human, such as negotiation, relationship-building, leadership, trust-building and exercising professional judgement.

This means that organisations are increasingly asking not whether a role can be replaced, but which activities within that role can be redesigned.

For many employers, the objective is not to replace employees but:

  • eliminating low-value administrative work;
  • increasing productivity through AI-assisted drafting and analysis;
  • reallocating employee time to higher-value activities; and
  • redesigning teams, reporting structures and delivery models.

How can employers prepare their workforce for AI?

Perhaps the most reassuring message is that many of the capabilities employers value most remain difficult to automate. Trust, empathy, relationship management, communication, leadership and professional accountability continue to be fundamentally human attributes.

The future may therefore be less about replacing people and more about managing teams composed of both humans and AI systems.

Alongside recognising the continued importance of human skills, employers should take active steps to equip their workforce to work effectively with AI. This includes providing targeted training on how to use AI tools safely and responsibly, setting clear expectations around appropriate use (including confidentiality and data protection), and encouraging employees to develop “AI literacy” alongside core professional skills. In practice, this may involve introducing structured training programmes, creating internal guidance on acceptable use, and giving employees time to experiment with AI tools in a controlled environment. Employers who invest in both technical capability and human judgement will be better placed to realise the benefits of AI while maintaining trust and accountability.

What legal risks do employers face from AI-driven change?

The legal consequences arise when workforce redesign begins to alter employees’ roles in a meaningful way.

Employers may view AI as a productivity initiative. Employees may experience it as a fundamental change to their job.

Where AI adoption leads to significant changes in duties, responsibilities or reporting structures, employers should consider the legal challenges such as:

Redundancy Risks. What should an employer know when making redundancies and changes in roles due to AI?

If a role no longer exists in its current form because certain activities have been automated or removed, a redundancy situation may arise. Employers cannot simply relabel a role while removing substantial elements of the work previously performed.

Where AI has reduced or removed the need for the original role, the employer may instead look for suitable alternative employment. Any alternative role should be a reasonable fit for the employee’s skills and experience, considering factors such as pay, location and status. Employees are generally entitled to a four-week trial period in the new role, and if the alternative is not suitable, they may be able to refuse it without losing their right to statutory redundancy pay. As with any significant change, this should form part of a proper consultation process.

Employers who dismiss employees for refusing to accept changes (or fire and rehire from January 2027) face potential unfair dismissal claims and, where 20 or more dismissals are proposed, collective consultation obligations. If an employer fails to follow a fair redundancy process, they face severe financial penalties. The primary consequences are a protective award of up to 180 days’ uncapped pay per affected employee for failing to consult, and from January 2027, uncapped tribunal compensation for unfair dismissal.

Experimentation and trial-and-error will be essential to successful AI adoption. From an employment law perspective, however, experimentation cannot come at the expense of following the correct process. Organisations introducing significant AI-related changes should consider early engagement with employees, staff representatives and trade unions where appropriate.

Contract Variation and Constructive Dismissal. Can you change employee contracts because of AI?

Many AI-driven transformation projects involve redesigning roles rather than eliminating them entirely.
Before implementing any changes, employers should consider whether they would affect the employment contract. If the proposed changes alter contractual terms, employers should first determine whether the contract already permits such changes. In some cases, the existing wording may be broad enough to cover a different way of carrying out the role, or there may be a flexibility clause dealing with duties, location or working arrangements. But these clauses are usually interpreted narrowly, especially where the change would disadvantage the employee or significantly alter the nature of the role.

Where the contract does not clearly permit the change, the safest course is usually to obtain the employee’s agreement. Imposing significant changes without consent can amount to a breach of contract. If the change is serious enough to undermine the employment relationship, it may also give rise to constructive dismissal claims. In practice, this means employers should approach AI-related role redesign through consultation and agreement, rather than assuming they can impose new duties or expectations unilaterally.

Key take aways and looking ahead

The organisations that benefit most from AI are likely to be those that redesign work most effectively. For employers, that redesign process creates both opportunities and legal risks.

AI is reshaping how work is done, but it has not rewritten the rules of employment law. Established legal principles continue to apply, even as the pace of change accelerates. For employers, the risk lies not in adopting AI, but in moving too quickly—overlooking process, bypassing consultation, or implementing changes without proper contractual footing.

The organisations that will benefit most are those that approach AI adoption strategically: redesigning roles thoughtfully, engaging with employees early, and ensuring legal compliance sits alongside innovation. Employers considering changes to contracts, roles or workforce structures should seek specialist employment law advice at an early stage, so that the process is properly managed and potential risks are identified and mitigated. With the right support, employers can embrace the opportunities AI presents while maintaining trust, reducing exposure to claims, and embedding change in a structured and sustainable way.

 

 

 

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On 11 June 2026, RWK Goodman was delighted to co-host its inaugural seminar alongside the Institute of Registered Case Managers (IRCM), The Confident Case Manager. The event brought together case managers, legal professionals and rehabilitation specialists to explore the future of professional case management, the importance of robust standards and accountability, and the complex ethical and legal challenges faced by those working in the sector.

The future of professional standards in case management

The seminar opened with an insightful presentation from Carole Chantler, Chair of the IRCM, who explored the organisation’s journey towards establishing professional standards for case management and its ongoing mission to safeguard the public through high-quality, ethical practice.

The development of a recognised registration pathway has been a significant milestone for the profession. Years of collaboration between leading organisations across the case management sector have helped create a robust competency framework designed to support case managers throughout their careers.

The IRCM’s Case Management Competency Framework recognises the wide-ranging nature of the profession, spanning health, social care, rehabilitation and vocational services. It provides a structured approach for practitioners to assess their capabilities, identify areas for development and demonstrate their commitment to delivering safe, ethical and high-quality case management services.

Why registered case managers matter

Carole also highlighted why professional registration represents a crucial milestone for the industry. Although many case managers are regulated through their original professions, such as nursing or allied health disciplines, those regulatory frameworks do not specifically oversee the unique responsibilities and skills required within case management.

The IRCM’s voluntary register aims to provide greater assurance for clients, families, solicitors, insurers and other professionals involved in rehabilitation and care. Through clear standards, ongoing professional development requirements and accountability processes, the register seeks to promote confidence in the quality and safety of case management services.

Looking ahead, further developments are anticipated, including accreditation of continuing professional development (CPD), educational guidance and progression towards accreditation by the Professional Standards Authority.

The Deputy’s dilemma: Balancing autonomy, risk and best interests

The seminar also featured a compelling presentation from RWK Goodman’s Divisional Lead for Injury, Tracy Norris-Evans, a professional deputy and recognised expert in Court of Protection matters. Tracy explored a challenging legal and ethical scenario involving a deputy’s decision to provide a client with pocket money where there was a risk it could be used to purchase illegal cannabis.

The case, Re E [2026] JR COO2, highlighted the difficult balancing exercise often required in complex rehabilitation and care arrangements. Professionals had to consider the risks associated with substance misuse, mental health deterioration and potential exploitation, alongside the individual’s autonomy, dignity, social engagement and overall quality of life.

Drawing on legal advice and the Royal Court of Jersey’s consideration of the matter, the discussion demonstrated that best interests decisions must be holistic and carefully weighed. The Court approved the continuation of a limited weekly allowance under the deputy’s discretion and with multidisciplinary team oversight. Crucially, the decision did not condone illegal drug use but recognised the importance of maintaining a proportionate, person-centred approach to care and decision-making.

To learn more about the role of professional deputies and how the Court of Protection supports vulnerable individuals, explore RWK Goodman’s specialist resources on Court of Protection and deputyships.

Case managing with confidence through collaboration and professional development

The seminar concluded with a fireside discussion on the importance of confidence in case management, highlighting how collaboration between case managers, deputies, legal professionals and healthcare teams can help achieve the best possible outcomes for individuals with complex needs.

As the case management profession continues to evolve, events such as this play a vital role in encouraging discussion, sharing expertise and driving improvements in standards and practice.

RWK Goodman is proud to support initiatives that promote excellence in case management and to work alongside professionals across the sector to help clients with complex needs receive safe, effective and person-centred support.

A huge thank you to Killick & Co for their generosity and hospitality in welcoming us to their stunning Mayfair offices for this special event.

Looking ahead, we are pleased to invite case managers to our next event, Legal Landscapes: RWK Goodman Session for Case Managers, taking place on 19 November 2026. We look forward to continuing the conversation and sharing further insights into the evolving legal and professional landscape affecting case management.

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New data reveals the true scale of corridor care

The NHS’s first official figures on “corridor care” highlight a practice that healthcare professionals, patients, and families have long recognised as widespread. 

In May 2026, over 2,200 patients each day received care in hospital corridors, waiting areas, or other unsuitable spaces in A&E departments. An additional 669 patients per day were treated in similar conditions elsewhere in hospitals. These figures are concerning because they confirm longstanding reports from patients and staff that overcrowding is compromising patient safety and dignity. 

For those affected, corridor care is more than an inconvenience. It can result in delayed treatment, insufficient monitoring, lack of privacy, and, in some cases, serious harm or death. 

What is corridor care?

Corridor care occurs when patients are treated in spaces not designed for clinical care, including corridors, waiting rooms, temporary overflow areas and other makeshift treatment spaces. 

The NHS has defined corridor care as patients spending 45 minutes or more in such environments while waiting for an appropriate care setting. 

Reports from healthcare staff and patient safety organisations describe patients waiting many hours and sometimes days in these conditions. Families have recounted vulnerable relatives left confused, distressed, and without adequate support. Nurses and doctors have spoken openly about the moral distress of being unable to provide the care their patients deserve. 

According to the Royal College of Nursing, corridor care is unsafe, undignified and increasingly normalised across the UK healthcare system. The organisation has documented cases involving missed deterioration, delayed treatment and patients dying in inappropriate care environments.

Why does corridor care matter?

Every patient has the right to receive safe, dignified and appropriate medical care. 

When patients are treated in corridors, healthcare professionals face challenges monitoring their condition, maintaining privacy, carrying out assessments, and responding quickly to emergencies. Vulnerable patients, including older people, those with cognitive impairment, and individuals with complex medical needs, are particularly affected. 

The Health Services Safety Investigations Body (HSSIB) has highlighted serious patient safety risks associated with the use of temporary care environments, warning that the practice has become increasingly widespread as demand exceeds NHS capacity. 

While the pressures facing the NHS are well documented, concerns remain that corridor care risks becoming a routine instead of an emergency measure

When does corridor care become medical negligence?

Not every instance of corridor care amounts to medical negligence. However, when a patient suffers avoidable harm because appropriate care, assessment, monitoring, or treatment was delayed or compromised, there may be grounds for investigation. Examples include: 

  • Delayed diagnosis of a serious condition 
  • Failure to recognise a patient’s deterioration 
  • Medication errors 
  • Falls or injuries resulting from inadequate supervision 
  • Harm caused by excessive treatment delays 

Each case depends on its specific circumstances. The key question is whether the care provided fell below an acceptable standard and caused avoidable injury. 

Supporting patients and families

The stories from the latest data are troubling and, for many families, deeply upsetting. No patient should feel their dignity, safety, or wellbeing has been compromised because the healthcare system is under strain. 

While healthcare professionals work tirelessly under immense pressure, patients who believe they have suffered harm deserve answers. 

As a specialist clinical negligence solicitor, I am increasingly hearing from families about the impact of the healthcare service being overburdened and how this adversely impacts patient care. Even where corridor care hasn’t directly caused avoidable harm, there is no doubt it contributes to patient dissatisfaction and the suspicion that proper care hasn’t been provided. I continue to monitor these developments closely. Greater transparency around corridor care is a welcome step, but meaningful action is needed to ensure that patients receive the safe and dignified care they are entitled to expect.

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In January 2026 the Government published the draft Commonhold and Leasehold Reform Bill with the triple aims of making commonhold the default tenure for new multi-unit buildings, conversion of leasehold to commonhold easier and improving commonhold management in England and Wales.

The Bill aims to:

  • end the existing little used commonhold regime,
  • end the grant of new residential leaseholds,
  • cap all existing residential leasehold ground rents,
  • end the existing forfeiture and relief regime for residential leases, and
  • regulate estate rentcharges.

In this briefing note we look at how the changes proposed might affect the residential leasehold landscape for stakeholders.

All new residential flats (“units” in the Bill) will be commonhold tenure

The Bill will replace Part 1 of the Commonhold and Leasehold Reform Act 2002 which first introduced commonhold as a form of tenure in England and Wales. Commonhold gives buyers perpetual ownership of their individual flat and a stake in the control of shared areas of the building in which it is located. Once the Bill is in force the grant of new long leases (with a term over 21 years) will be prohibited and commonhold will be the only form of tenure that can be granted (with a few notable exceptions set out below).

Commonhold benefits “unit” owners by eliminating ground rent payments, ending the gradual diminution in the value of premises arising with leasehold tenure, and giving flat owners a direct stake in the management of their building.
The Bill’s headline changes include:

  • leasehold buildings currently require unanimous consent for conversion to commonhold. This threshold will be changed enabling conversion with the consent of just 50% of qualifying leaseholders, with a mechanism to phase out residual leaseholds (via mandatory leaseback) to enable full conversion;
  • the introduction of “sections” to allow different parts of the commonhold (commercial sections and residential sections of mixed-use developments) to be given different voting rights or service cost obligations that are appropriate to that specific section;
  • improvements to governance of commonhold buildings, by giving the First-tier Tribunal power to appoint directors to managerial roles within the commonhold (where take-up is poor amongst unitholders and to facilitate remove of those who fail to perform directors obligations);
  • introduction of a Commonhold Community Statement to formalise governance within commonhold buildings, with provisions prescribed by legislation taking automatic effect supplemented by building specific provisions;
  • mandatory reserve funds for each commonhold to ensure funds are available for major works or repairs;
  • reduction in developer voting rights to reflect diminution in units owned as phases complete but also reserving rights for developers where a site is not complete (FTT also given power to review proposals);
  • a debt recovery mechanism that allows a commonhold association to apply for an order for sale against unitholders who fails to meet contribution obligations.

The grant/assignment of new leaseholds will be prohibited (with specific exceptions)

The legislation will prohibit the grant or assignment of new long residential leases of flats, however some leases will be exempt. Exempt leases currently comprise shared ownership leases (staircasing) and home finance plan leases, however there may be additional exemptions and we will not know all exempt lease categories until the public consultation phase of the Bill has concluded.

Existing long leases – are the rights of the owners of these flats altered?

Yes, the Bill provides for a lower consent threshold for leaseholders that want to convert to commonhold, reducing from 100% to 50% of qualifying leaseholders, aligning with enfranchisement rules.

Non-consenting leaseholders’ interest in their flats will remain as leaseholder but they will join the Commonhold Association and have voting rights. Their leases will align with the CCS, and over time any residual leasehold interests will be phased out as on sale (or lease extension) they must convert to commonhold.

Existing long leases - cap on ground rent payable

The Bill introduces a £250 p.a. cap on ground rents for all existing long leases for a transitional period of 40 years. From then onwards ground rents drop to a peppercorn (effectively nil). This extends the ground rent escalation protections under the Leasehold Reform (Ground Rent) Act 2022 (LRGRA), which only applied to new leases, to all pre-LRGRA leases.

Existing long leases - abolition of forfeiture, replaced by new statutory enforcement scheme

The remedy of forfeiture for breaches of covenants will be replaced with a new statutory enforcement scheme with greater judicial oversight, expected to include powers for the Court to make remedial orders or, in more serious cases, orders for sale and costs orders.

If an order for sale is made the landlord recovers sums claimed from the sale proceeds. The leaseholder receives any balance once landlord’s costs and monies owed to any mortgagee have been paid.
This is a significant change and represents a more structured and balanced approach to lease enforcement than the current system of forfeiture and relief.

Estate Rentcharges – significant reform of owner remedies

The Bill proposes the removal of draconian remedies for rentcharge arrears, such as taking possession or granting a lease of the affected property. Rentcharge owners will need to serve a demand notice on the encumbered land owner, with details of the claimed arrears and giving 30 days to pay before enforcement action can proceed. Rentcharge owners will still be able to recover arrears through less draconian means, such as the small claims court.

Final word

With this Bill the Government is moving away from the long leasehold model for flats in England and Wales. Whilst still in draft form and subject to further consultation and passage through Parliament, the draft Bill gives investors, developers, freeholders, leaseholders and lenders alike a clear indication of the future and all stakeholders should be considering the implications for existing portfolios and future transactions now to understand what these changes mean for their business.

We will issue updates on the Bill if changes are made during the consultation phase or following Parliamentary scrutiny.


This article was written by Jane Hamilton, Real Estate PSL.

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The High Court’s decision in Heart of Wales Care Ltd & Ors v Swansea Council [2026] is one of the most significant recent judgments affecting adult social care providers in Wales. It provides clear judicial scrutiny of local authority fee setting and reinforces the legal framework underpinning commissioning decisions

What happened?

The case concerned a group of residential care providers contracted by Swansea Council. The arrangements provided that fee rates were reviewed annually. For 2025–2026, the Council set a 6.1% uplift, relying on “affordability”, despite its own internal modelling indicating that providers’ costs had risen by closer to 9%.

Providers challenged the uplift by way of judicial review, arguing that the Council had failed to comply with its statutory duties under the Social Services and Well being (Wales) Act 2014 and the associated Code of Practice on commissioning.

The Court’s findings

The High Court allowed the claim and held that the Council’s decision was unlawful. The core criticisms will resonate with many providers:

  • Failure to understand the cost of care

    The Court found that the Council had not properly analysed or evidenced the actual costs of delivering care, despite clear requirements in the Welsh Code of Practice.

  • Inadequate collaboration and consultation

    The Council had not meaningfully engaged with providers before setting the new fee uplift, even though its own processes envisaged consultation.

  • Lack of transparency and reasoning

    The basis for the 6.1% figure was not clearly explained by the Council and there was insufficient justification for departing from higher cost modelling.

Significantly, the Court rejected any suggestion that the Code of Practice is merely guidance, confirming that where the Code imposes requirements on local authorities, those requirements are mandatory and capable of enforcement through judicial review.

The Court granted a declaration that the decision was unlawful and ordered the Council to re-determine the fee uplift in accordance with its statutory duties.

Why does this matter for providers?

This judgment strengthens the position for providers in several important ways:

  • A clear route to challenge fee decisions

    The Court has confirmed that failures to follow the Welsh commissioning framework are challengeable and that providers are not limited to commercial negotiation: public law remedies are available.

  • Affordability is not enough

    Councils cannot justify fee rates solely on budget constraints. They must demonstrate a proper understanding of the actual cost of care and aim to secure fair and sustainable fees.

  • The Code is enforceable by law

    The decision confirms that key elements of the National Framework and Code of Practice are binding rather than aspirational, a point likely to be central in future disputes.

  • Process matters as much as outcomes

    Even where a council reaches a defensible figure, failure to consult, collaborate and explain its reasoning to providers may render the decision unlawful.

Practical implications

For providers, this case is a powerful reminder to scrutinise fee‑setting processes closely. Key steps include:

  • Preparing robust cost evidence ahead of annual reviews
  • Engaging actively in consultation processes and documenting concerns
  • Challenging opaque or affordability‑led decisions at an early stage
  • Taking legal advice at the earliest possible opportunity

More broadly, the judgment is likely to increase pressure on Welsh local authorities to adopt more transparent, evidence‑based approaches to commissioning. For a sector already under significant financial strain, it provides a welcome and much‑needed lever to ensure that fee rates reflect the true cost of delivering safe and sustainable care. Providers who have concerns about fee increases, consultation processes, or the legality of commissioning decisions should obtain specialist advice as soon as possible.


RWK Goodman’s Health & Social Care team is a recognised market leader with extensive experience advising providers on local authority fee-setting and funding disputes. We understand the significant financial and operational pressures facing the sector, and we work closely with care providers to challenge unsustainable fee decisions, scrutinise commissioning processes and identify potential legal remedies where necessary.

Our team advises a wide range of providers, including nursing and residential homes, homecare agencies, supported living providers, hospices, specialist colleges and children’s services. We combine deep sector knowledge with practical, strategic advice to help clients assess their position, engage effectively with commissioners and, where appropriate, pursue robust challenges to unlawful or unfair fee decisions.

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The certification regime

Schedule 8 of the Building Safety Act 2022 (“BSA 2022”) is designed to protect leaseholders from unfair remediation costs. It acts as a shield, preventing those who did not create the problem from being burdened with the bill.

The certification regime is what determines when that ‘shield’ applies and who is ultimately responsible for the costs. Leaseholders are required to complete a leaseholder deed of certificate (“LDoC”) and landlords are required to complete a ‘landlord certificate’ under the certification regime.

Leaseholders

For many leaseholders, the protections work exactly as intended. A first‑time buyer who purchased long before the implementation of the BSA 2022, for example, can rely on their LDoC to confirm they are a qualifying leaseholder (if they meet the requisite criteria). Their contribution towards BSA 2022 related remediation costs will then be capped or removed entirely.

Landlords

Landlord certificates evidence whether the current landlord is responsible for any relevant defects identified and confirms if they meet either the ‘developer’ or ‘contribution condition’. A landlord’s failure to provide a landlord certificate could mean that they assume liability for relevant defects where they may not otherwise have been liable. The regime therefore ensures that delay or non‑compliance cannot be used to shift liability onto leaseholders. All landlords ‘under a lease’ at a building are required to issue a landlord certificate.

Lenders

The certification regime also plays a crucial role in property transactions. Lenders increasingly require both LDoC’s and landlord certificates before progressing with mortgage applications, and without them, sales can stall. When certificates are readily available, they provide clarity and allow transactions to move forward with confidence.

What next?

The certification regime is an integral part of the changes brought in by the BSA 2022 and it is important for landlords, leaseholders, RMCs/RTMs and managing agents to understand the rights and restrictions under Schedule 8 BSA 2022 and the certification regime.

At RWK Goodman we understand the importance of the certification regime in property transactions and when advising existing leaseholders and purchasers understand their protections under Schedule 8 BSA 2022. We also assist managing agents and landlords with understanding if charges for ‘Relevant Defects’ defined in the BSA 2022 can be charged to leaseholders or whether funding can be obtained from government schemes or other third parties.

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2025 coroner statistics: At a glance

Fewer routine referrals

Total deaths referred to coroners dropped by 15%, driven by the new Medical Examiner system handling routine cases before they ever reach a court.

More formal inquests

While fewer cases enter the system, those that do are more complex. A record 24% of referred deaths now proceed to a full inquest.

Stubborn delays

The average wait time for an inquest conclusion remains stuck at 31.3 weeks (over 7 months).

Areas of concern

Deaths in state detention rose by 13% and recorded conclusions of suicide in males reached their highest levels since 1995.

However, we must remember that these statistics represent real people. Behind the data are bereaved families seeking clarity and peace of mind. Whilst the report provides an overview of the legal landscape, it also highlights the delays and challenges families encounter during a coroner’s investigation.

The Medical Examiner system is changing who reaches the coroner

One of the most striking findings is the sharp fall in deaths reported to coroners.

In 2025, 147,814 deaths were referred to coroners, a 15% decrease since 2024 and the lowest figure since the annual series began in 1995. But crucially, this does not mean fewer people are dying. Instead, the change appears closely linked to the introduction of the statutory Medical Examiner system in September 2024.

A Medical Examiner provides an independent review of a death before a death certificate is issued. Their role is to scrutinise the cause of death, identify concerns and ensure appropriate referrals are made where necessary. As a result, many deaths that may previously have been referred to a coroner are now resolved without the need for a coronial investigation.

The change is intended to create greater consistency and confidence in the death certification process. We explored these developments in our review of the Chief Coroner’s annual report.

More reported deaths are leading to inquests

Despite a decline in the total number of reported deaths, a higher proportion of these cases are proceeding to full inquests. In 2025, 24% of reported deaths resulted in an inquest being opened, representing the highest proportion since 1995.

This trend indicates that cases now reaching coroners increasingly involve uncertain, unexplained, or complex circumstances. As Medical Examiners increasingly certify deaths that do not require legal investigation, coroners are concentrating more on cases necessitating detailed scrutiny.

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Natural causes conclusions have fallen sharply

The influence of the Medical Examiner system is also potentially evident in inquest outcomes, as natural causes conclusions declined by 24% in 2025 to approximately 3,700 cases.

Historically, some deaths were referred to the coroner despite the absence of any dispute regarding the medical cause of death, often due to the unavailability of a doctor to complete certification. The implementation of Medical Examiners has reduced the necessity for many such referrals.

For families, avoiding unnecessary involvement in the coronial process in straightforward cases may reduce additional stress and delays at an already challenging time.

Concerning rise in deaths in detention

The report identifies a significant increase in deaths occurring in custody or other state detention, with 622 such deaths reported to coroners in 2025. This represents a 13% year-on-year increase and is the highest figure since 2017.

This increase was driven by an 8% rise in deaths in prison custody and a 21% rise in deaths involving individuals detained under the Mental Health Act.

When a death occurs in custody or state detention, legal requirements mandate that a coroner investigate the death. These investigations are essential for identifying potential failures in care and determining whether changes could prevent similar deaths in the future.

For families, such inquests can be particularly challenging, as they frequently involve detailed examination of public authorities, healthcare providers, or custodial institutions.

Suicide conclusions reach their highest level on record

A notable trend is the increase in suicide conclusions, reaching the highest level since 1995. This increase was driven entirely by male suicides, whereas female suicide conclusions decreased during the same period.

These figures require cautious interpretation. Coroners record conclusions at the completion of an inquest rather than at the time of death. As inquests may take several months to conclude, some suicide conclusions recorded in 2025 pertain to deaths that occurred in previous years.

Nevertheless, the data highlights the ongoing need to understand and address factors contributing to suicide, particularly among men.

Inquest waiting times remain stubbornly high

Families often tell us that one of the most difficult aspects of the coronial process is the wait for answers, and these latest figures show that the average time taken to complete an inquest remained broadly unchanged at 31.3 weeks.

Whilst it’s encouraging that waiting times have not increased further, this still means many families spend more than seven months waiting for answers, making the grieving process significantly harder.

Fewer Prevention of Future Death reports were issued

In 2025, coroners issued 654 Prevention of Future Death (PFD) reports, an 8% decrease compared with 2024. A PFD report is produced when a coroner believes action should be taken to reduce the risk of similar deaths occurring in the future. Such reports can lead to important changes in healthcare, public services, workplaces and other settings.

Although the number has fallen slightly, PFD reports remain one of the most significant ways in which coronial investigations contribute to public safety and wider learning, and families can take great comfort in knowing their concerns are being escalated.

What the 2025 coroner statistics tell us about the future

Collectively, the 2025 statistics indicate that the coronial system is becoming increasingly selective, with a reduction in the number of deaths referred but a higher proportion advancing to formal investigation and inquest. The implementation of the Medical Examiner system is reshaping the entry pathway into the process, enabling coroners to allocate greater resources to cases that present substantive questions regarding the circumstances of death.

However, the data also reveals persistent challenges. Deaths occurring in custody and state detention have risen, suicide conclusions remain at historically high levels, and the average waiting time for an inquest conclusion exceeds seven months. Although the system is undergoing change, the necessity for timely investigations, rigorous scrutiny, and transparent communication remains constant.

For bereaved families, these statistics represent more than performance metrics or workload indicators. They embody lived experiences of loss, uncertainty, and the pursuit of answers. As the coronial landscape evolves, it is essential to ensure that families receive adequate support, information, and opportunities for effective participation in the process, which is fundamental to sustaining public confidence in the system.

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What was the Cheshire West ruling?

The new case departs from the approach established in the Court’s 2014 decision in P v Cheshire West and Chester Council.

In that case, the court introduced what became known as the “acid test” for determining whether someone was deprived of their liberty under Article 5 of the European Convention on Human Rights.

The so-called “acid test” meant that someone could be considered deprived of their liberty if they were under continuous supervision and control and could not leave.

But the defining feature of the 2014 ruling was that it did not matter whether the person appeared content with their care arrangements or whether the placement was beneficial. If the acid test was met and the person lacked capacity to consent, legal safeguards were required.

The decision dramatically expanded the number of people considered deprived of their liberty, leading to a sharp increase in applications under the Deprivation of Liberty Safeguards (DoLS) system.

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How did the issue end up back in the Supreme Court?

The case arose after Northern Ireland’s Health Minister sought to revise guidance governing deprivation of liberty.

The proposed changes would allow some people aged 16 and over who lack decision-making capacity to nevertheless give valid consent to their care arrangements through the expression of their wishes and feelings.

The Attorney General for Northern Ireland referred the issue to the Supreme Court to determine whether such changes would be compatible with Article 5.

The key legal question was whether a person who lacks mental capacity to make decisions about their care can still provide valid consent, for human rights purposes, by expressing contentment in some manner with their living arrangements.

What did the Supreme Court decide?

In a unanimous judgment, a seven-justice panel concluded that the majority decision in Cheshire West was wrong and should be overruled.

The court held that the European Court of Human Rights has never adopted the acid test used in Cheshire West. Instead, Strasbourg case law requires a “multifactorial” assessment that considers the person’s overall situation.

Similarly, the Supreme Court’s new stance requires a “multifactorial” assessment, whereby judges and care providers must now weigh a range of factors:

  • the nature and extent of restrictions placed upon them;
  • the setting in which they live;
  • the purpose of the arrangements;
  • their individual circumstances; and
  • whether they express wishes or feelings indicating acceptance or objection.

But the real surprise was the court’s finding that lacking mental capacity does not automatically mean someone cannot give consent under Article 5.

The justices held that some individuals may have sufficient awareness of their living arrangements to communicate whether they are happy or unhappy with them, even though they lack legal capacity to make decisions about their care.

What does the judgment mean in practice?

The immediate effect is that fewer people are likely to be regarded as deprived of their liberty solely because they are subject to continuous supervision and control and are not free to leave. As a result, some people who would previously have required formal deprivation of liberty authorisation may no longer fall within Article 5 protections.

Supporters of the judgment argue that it brings domestic law back into line with European human rights law and avoids treating every restrictive care arrangement as a deprivation of liberty. However, disability rights organisations have expressed deep concern about the practical consequences, with the National Autistic Society, Mencap and Mind described the ruling as “the biggest rollback of disability rights in a generation”, warning that fewer people may benefit from independent oversight, advocacy and access to legal remedies.

What happens next for DoLS and Liberty Protection Safeguards?

The judgment arrives at a time of severe backlogs in the existing DoLS system. NHS Digital data reveals that out of nearly 365,000 applications made during 2024-25, nearly 119,000 remained outstanding at year end. Worse still, only about one in five was actually processed within the legally mandated 21-day window.

The government’s longstanding plan to replace DoLS with Liberty Protection Safeguards (LPS) has yet to be implemented. The Supreme Court’s ruling is therefore likely to significantly influence future discussions about how legal safeguards for vulnerable adults should operate.

For now, health and social care providers are left with the massive task of auditing their current caseloads to see who still falls under the protection of the law—and who now falls short.

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The Building Safety Act 2022 (BSA) places a range of new statutory duties on those responsible for residential buildings; duties that can extend to Right to Manage (RTM) or leaseholder owned freehold companies (a resident management (RM) company) where they hold management and repair obligations for an estate or block of flats.

Understanding these obligations is essential for RTM and RM directors, leaseholders, and managing agents to ensure legal compliance and, importantly, the safety of residents.

Accountable Persons and Principal Accountable Person

Under the BSA, liability is determined by the concept of an ‘accountable person’ (AP) and ‘principal accountable person’ for higher-risk buildings (HRB) (defined generally as buildings at least 18m high or with seven or more storeys).

An AP is a person or organisation that is responsible for repairing any of the common parts of an HRB. Where there is only one AP, that AP is also the principal accountable person (PAP). If there is more than one AP, it is important to identify which AP is the PAP.

RTM and RM companies that hold legal repairing obligations for the common parts of such buildings will be an AP and are also typically the PAP.

The role and responsibilities of the AP and PAP

A range of statutory duties are introduced under Part 4 of the BSA with details contained in a raft of secondary regulations. These duties are focused on proactively managing and reducing building safety risks.

The key obligations are:

  • Risk management and safety cases

    APs must identify, assess, and manage fire and structural risks to ensure residents’ safety. PAPs must prepare and maintain a building safety case; a comprehensive, evidence-based document that demonstrates how risks are controlled.

  • Golden thread of information

    The law requires the retention and updating of key building information (referred to as the ‘golden thread’) that records the building’s design, construction, maintenance, and alterations. This information must be accurate, up to date, held digitally, and made available to relevant parties.

  • Reporting duties

    APs must report safety occurrences and certain incidents to the Building Safety Regulator. It is the PAP’s responsibility to establish and operate on a mandatory reporting system through which reports can be made.

  • Resident engagement

    APs must engage with residents about the building’s safety through a resident engagement strategy prepared by the PAP. This involves ensuring residents understand safety measures, can raise concerns and know how safety decisions are communicated.

  • Maintaining safety measures

    APs must regularly monitor, maintain, and review all safety measures (e.g., fire alarms, emergency lighting, compartmentation), and make necessary changes when risks evolve.

These duties are non-delegable: while RTM or RM companies can appoint managing agents or consultants to carry out tasks to assist compliance, ultimate legal responsibility remains with the AP and PAP. It is therefore essential that directors of RTM and RM companies fully understand their statutory responsibilities as failure to comply may constitute a criminal offence.

Interaction with the Fire Safety Order

The Regulatory Reform (Fire Safety) Order 2005 as amended by the BSA (FSO) places responsibilities for fire safety on the ‘responsible person’ (RP). This is a separate and distinct role from the AP and PAP, but there will inevitably be some overlap in responsibilities.

The RP is anyone in control of the common parts of all residential buildings, which will typically be the RTM or RM company.

The RP must ensure that fire risk assessments are completed and acted on, fire and precautions are implemented, and emergency plans are in place.

Practical and governance obligations

Beyond statutory compliance, RTM and RM companies should observe best practice in governance and communications:

  • ensure directors and appointed agents are competent and understand their safety obligations;
  • maintain robust accounting and record-keeping practices, particularly around service charges and expenditures tied to safety works;
  • consult leaseholders on major works and safety-related decisions and organise Annual General Meetings to foster transparency and accountability.

In conclusion: know your obligations

RTM and RM companies must manage estates in line with both traditional property management duties and the heightened safety obligations introduced by the BSA. These include proactive risk management, compliance with reporting and information duties, and ensuring residents are engaged and protected. Navigating this framework requires diligence, competence and, in many cases, specialist support to ensure both legal compliance and the safety of building occupants.

If you are a new RTM or RM company, a group of leaseholders exploring right to manage or collective enfranchisement, or are an established organisation considering your responsibilities, RWK Goodman’s specialist building safety team provides training and guidance to RTM and RM companies on their duties and responsibilities under the BSA and FSO to ensure that directors are fully informed and equipped to fully comply with their statutory building safety obligations.

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The Building Safety Act (BSA) is the most significant legislative and regulatory change to the construction industry in a generation. Find out how it affects your business.

Find out more about how our team can support you with regulatory compliance and read insights into specific aspects of the BSA on our dedicated building safety page.

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