BCM Hanby Wallace
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Practice Areas
Health Services

BCM Hanby Wallace has a dedicated Health Services Department which provides advice and assistance to clients engaged in health services including Health Boards, hospitals and health and child care institutions. We also provide legal services to other clients on issues relating to their involvement with health services providers

The provision of legal assistance in relation to health and its service providers is a significant and changing area of law in which BCM Hanby Wallace offers Ireland's leading service.

Child Care Law in particular has developed at a great pace since the late 1980s and our Department has the know-how and experience available to assist clients in carrying out their functions and obligations in what is a difficult, challenging and extremely sensitive area.

The main areas are:

  • Child Care
    Services in this wide area cover the removal of children into the care of the Health Board, litigation in respect of children in all Courts, adoption, wardship, child abduction, fostering, out of control children, children on criminal charges and children with disabilities/mental health conditions. Additionally, an immediate advice service in respect of these issues is provided. Our advices include assistance to providers of service to children such as hospitals or non statutory care and residential homes.
  • Food Hygiene
    Prosecutions pursuant to the Food Hygiene legislation and any appeals or Judicial Reviews arising therefrom. Advice and assistance for clients on the interpretation and practicalities of applying the legislation
  • Inquests
    Advising and representing medical personnel in relation to inquests. Liaising with Coroners and other institutions and their advisors.
  • Mental Health Treatment
    Advising on the mental treatment legislation for hospitals, nurses, doctors and staff. Dealing with any procedures arising therefrom including protection of staff and Habeas Corpus applications.
  • Nursing Homes
    Prosecutions of nursing homes and advising on the regulations with regard to the setting up, monitoring and supervision of nursing homes.
  • Wardship
    Applications to the Circuit/High Court regarding persons of unsound mind. Advising hospitals, medical personnel, nursing homes, service providers and their staff on the process
  • Judicial Reviews
    Providers of health and health related services are increasingly involved in Judicial Review proceedings, often on a very urgent basis. Our Health Services Department is fully equipped to deal comprehensively with all such proceedings.
  • Freedom of Information Act and Data Protection Act Queries
    We have extensive experience of the scope and extent the legislation in these two matters and have acted in the only High Court action taken to date under such the Freedom of Information legislation.
  • Crèches
    Prosecutions of crèches and advising on the regulations with regard to the setting up, monitoring and supervision of crèches


BCM Hanby Wallace has for many years acted as legal advisor to a majority of Health Boards in Ireland and a number of other substantial and significant health service providers and therefore has wide-ranging knowledge and experience in this area and in relation to all health related matters. We can give advice and assistance to clients over the whole range of issues that can arise in providing health services and covering the whole area of health care law and related matters such as employment law, nursing law, medical law, property transactions and ethical issues that confront the health service providers. We have been involved in a number of significant high profile cases in which we have carefully and sensitively advised clients and assisted them through what can be particularly sensitive and difficult legal and factual issues.

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