in News.

A child playing in a high-chair illustrating the case study of Child F and non-accidental criminal injuries

We were instructed to act on behalf of child F, through his carers and Special Guardians. Child F had sustained a severe traumatic brain injury as a result of non-accidental injuries caused by his natural father. Family proceedings followed and child F was placed into the care of relatives who were given a Special Guardianship Order.

Child F’s injuries were extensive and he needed 24 hour care. He had also suffered retinal haemorrhages causing blindness. He was unable, due to mobility problems, to sit up unaided. He was at risk from choking and swallowing and needed regular attendance at night. He was PEG fed. The Special Guardians, a young couple, had to embark on a very steep learning curve with regard to child F when he came to live with them.

On receiving instructions to pursue a criminal injuries compensation claim for the non accidental injury suffered by child F it became immediately apparent that the family were receiving little in the way of support from their Local Authority. A referral was made to our In-house Support and Rehabilitation Coordinator who kick started the difficult process of securing Local Authority funding for care and support which child F’s was entitled to under law. After a considerable battle, funding for support was obtained.

Funding to improve Child F’s quality of life

With interim funds provided by the Criminal Injuries Compensation Authority (CICA), the family were able to purchase vital items of equipment to enable child F’s quality of life to improve. Although CICA funds are limited and would never cover the cost of a new property, in this case the family moved to a property which required adaptation and in view of the CICA claim they were able to claim adaptations to the home and top up Local Authority funding. The Local Authority funded adaptations would have been very basic but with a top up, the adaptations could be improved to enhance the family’s enjoyment of the property.

Following conclusion of the claim, the award was placed into a Special Trust to protect child F’s interest and to preserve the entitlement to benefits for the future. The award from the CICA was limited in accordance with the scheme and could never compensate child F fully but pursuing the claim had enabled the family to seek additional help and support through our Support and Rehabilitation Coordinator Programme and to use funds for vital equipment for rehabilitation alongside NHS and Local Authority support. It was essential to form good relationships with those caring, treating and educating child F because due to the limits of the compensation awarded, it was never going to be enough to substitute publicly funded support for private support and this joint and collaborative approach was absolutely essential.

Produced by Sarah Brumpton of Irwin Mitchell

Sarah Brumpton is an Associate Solicitor at Irwin Mitchell where she has represented clients for over 27 years. Sarah currently heads up the National team dealing with Criminal Injuries Compensation claims and represents clients over a range of claims including human trafficking, hate crime, abuse and assault.

About Irwin Mitchell

Irwin Mitchell are a national law firm whose solicitors work hard to make things easier for their clients and their family. Over the past 2 years they have helped clients recover more than £1 billion in compensation, but this is only part of the story, their solicitors also help clients access the rehabilitation, medical care and support needed to achieve the best recovery possible.

How can Brain Injury Group help?

Brain Injury Group is a network of approved personal injury solicitors with brain injury expertise. Moreover, our member firms have the complex injury experience to get the best possible rehabilitation and compensation for brain injuries.

Brain injury rehabilitation is important; to us, to our members, to you and towards getting the best outcome. We can help get you that best outcome. Get in touch to find out more from our brain injury experts.

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