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Legal Shared Services in the NHS

The NHS is facing a period of extraordinary challenge. Demand for services continues to rise while financial constraints and workforce shortages are adding pressure to an already complex operating environment. Within this context, NHS organisations are constantly seeking innovative solutions to enhance efficiency, optimise resource allocation, and maintain the highest standards of patient care. Legal services, typically operating in siloed structures within individual Trusts, present a significant opportunity for transformation.

By embracing the concept of legal shared services, the NHS can move beyond traditional models and unlock substantial value, improve access to specialist expertise, and streamline legal operations. This perspective article explores the case for legal shared services as a lever for enhancing the efficiency and effectiveness of legal support within the NHS.

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The need for transformation in NHS Legal Services


The current landscape of NHS legal services is fragmented, with individual Trusts managing their legal functions and associated spend with external counsel independently. While this approach offers autonomy, it leads to duplication of effort, inconsistencies in practice, and missed opportunities for leveraging collective expertise, legal precedents, external buying power and shared technology investments. Smaller Trusts, in particular, may struggle to attract and retain experienced legal professionals, limiting their access to specialised knowledge and potentially impacting the quality of legal advice available. This limited expertise and capacity drives Trusts extensive use of external third-party legal firms. Furthermore, valuable legal knowledge and precedents often remain siloed within individual Trusts, hindering the development of best practices and consistent approaches across the NHS. This fragmented model can result in inefficiencies, increased costs, and missed opportunities to optimise legal support for the NHS. The need for a more strategic and coordinated approach to legal services is clear.

A New Model for NHS Legal Services

A legal shared service model offers a compelling alternative to the traditional fragmented approaches. By consolidating legal expertise and resources within a centralised function serving multiple Trusts or organisations, the NHS can unlock significant benefits and create true centres of excellence. The private sector has successfully delivered material benefits through these models for well over a decade and there is much to learn from their models. Key features include:

Shared services enable the creation of larger, more diverse legal teams with a broader range of specialisations. This concentration of expertise allows lawyers to develop deep knowledge in specific areas of law, such as employment law, healthcare patient rights, medical negligence, data protection, and commercial contracting. The opportunity to work on complex and varied cases within a specialised team can make the NHS a more attractive employer for top legal talent, addressing recruitment and retention challenges and reducing burden on existing legal teams.

A tiered service delivery model can optimize resource allocation and improve efficiency:

Tier 1: Self-Service for Low Complexity: Develop online resources, including FAQs and guidance documents, to allow Trusts to handle straightforward legal matters independently.

Tier 2: In-House Expertise for all core Legal service delivery: Utilise the shared service's in-house legal capacity to address matters requiring specialised knowledge and experience, ensuring consistent and high-quality advice.

Tier 3: Strategic Outsourcing for Bespoke High Complexity issues: Establish clear frameworks and processes for procuring external legal services for highly complex or specialised cases, leveraging the collective bargaining power of an ICS to negotiate favourable rates and terms with law firms.

Implementing a single intake portal for all legal requests allows for efficient triaging, routing matters to the appropriate tier of service, and capturing valuable management information (MI). This data can be analysed to:

  1. Identify trends and patterns in legal demand, informing resource allocation and capacity planning.
  2. Identify areas for process improvement and knowledge management initiatives, such as developing new FAQs or guidance documents.
  3. Track KPIs related to efficiency, cost-effectiveness, and user satisfaction, demonstrating the value and impact of the legal shared service.
  4. Predict potential areas of future issues, improving patient safety outcomes.

A dedicated legal operations function within the shared service can drive continuous improvement and innovation by:

  • Implementing technology solutions to streamline workflows, automate routine tasks, and enhance data analytics capabilities through the use of AI.
  • Developing standardised processes and best practices for legal service delivery across an ICS.
  • Supporting knowledge management initiatives, ensuring that legal expertise and precedents are easily accessible to all Trusts.
  • Leading change management efforts, engaging stakeholders, and fostering a culture of continuous improvement.
     

Economic Benefits


Due to the decentralised nature of the current system, individual Trusts are in very different starting positions. Some have significantly outsourced models, relying heavily on external counsel not just for complex work but also for more routine, day to day legal service delivery needs, others have begun to make early stages to consolidate, typically at a local level.
From analogous experience and proven outcomes within the private sector, we anticipate that there is in most cases a 20-30% efficiency/cost reduction opportunity when legal shared services are implemented at scale, accompanied with a re-balancing of the internal/external delivery mix.

Conclusion


In a time of unprecedented challenge for the NHS, legal shared services offer a transformative solution to enhance efficiency, optimise resource allocation, and improve access to specialised legal expertise. By embracing a collaborative and strategic approach to implementation, leveraging technology, and fostering a culture of continuous improvement, the NHS can unlock the full potential of legal shared services, ensuring that legal support functions effectively enable the delivery of high-quality patient care.
 

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