Field Fisher Waterhouse advises Community Dental Services CIC on becoming a social enterprise
13 April 2011
Field Fisher Waterhouse LLP has advised Community
Dental Services on its move to become an employee owned social
enterprise. Over one hundred dental staff will transfer from
Bedfordshire Community Health Services to Community Dental Services
CIC, a community interest company.
The project is another successful restructuring
under the Department of Health's 'Right to Request'
programme. So far a small number of community services have
been spun out of the NHS but this number is expected to grow
significantly as a result of the Government's emphasis on growing
social enterprise and the co-ownership of public services.
Community Dental Services CIC (CDS) serves the
Bedfordshire region, providing a variety of dental services to
people who need them most, including oral health promotion and
dental services to children who are vulnerable or have behaviour
management problems, adults with special needs including mental
health conditions and those who are homeless.
The transfer means that CDS staff will be able to
take charge of the service and shape how it is delivered. The
community interest company will reinvest any financial surpluses it
makes for the benefit of patients, staff, the local community and
service development.
Field Fisher Waterhouse advised Community Dental
Services CIC on the employee-owned business structure, the
constitution of the new business, the transfer of staff and assets,
the dental service contract and on property law issues.
The firm is a leader in the field of employee
ownership and has advised on a range of NHS employee owned
spin-outs. These include the first two projects of this kind, at
Central Surrey Health Limited and, from, Hull NHS to City Health
Care Partnership CIC.
Field Fisher Waterhouse Corporate partner
Neil Palmer led on
the project, assisted by Employment partner, James Warren and Real Estate
partner Ramatu
Banga. Graeme Nuttall, Employee Ownership partner
advised on the employee ownership structure of the new
business.
Neil Palmer said:
"This deal allows the transfer of public service
delivery to a not-for-profit company in which all employees are
shareholders. It is good news for patients. Experienced dental
staff are able to better control and shape the service they deliver
to provide real value to the community. Given the Coalition
Government's commitment to the co-ownership of public sector
services and the announcement of the "right to provide" for public
sector staff, we expect to see an increasing number of social
enterprise spin-outs across the NHS and other public services."
Patrick Burns Executive Director of the Employee
Ownership Association said:
"The successful mutualisation of Community Dental
Services is another important step in the growing movement for
employee owned mutuals. These offer the public sector tremendous
opportunities to modernise, motivate staff and improve services
relied on by millions of citizens. I hope that examples such as
this will inspire others to consider employee mutual status. "
Bedfordshire NHS Primary Care Trust was advised by Mills &
Reeve. WS Law advised on certain property related aspects of
the deal.
For further press information, please
contact:
Louise Eckersley, PR Manager,
Field Fisher Waterhouse LLP on +44 (0)20 7861 4120
Public sector welcomes practical roadmap to
employee ownership (3 March 2011)
Field Fisher Waterhouse
contributed to a practical "How to guide" for public sector
organisations looking to become employee-led mutuals, the
publication of which was welcomed by Cabinet Office Minister
Francis Maude and the chair of the Prime Minister's Mutuals
Taskforce Professor Julian Le Grand.