If this has happened, it is because the brain injury that your child suffered at birth, wasn’t within one of the three categories that the ENS covers.  However, this is not a barrier to making a medical negligence claim. 

Call us so we can help you find out what happened, and if there are grounds for a medical negligence case, claim for financial compensation to support you and your child.  

If your baby has sustained a brain injury, this is of course extremely upsetting. While compensation cannot directly make that better, it can help immensely with the practicalities of day-to-day life. Once funds have been secured, you can pay for the care you child will need, which is likely to include: 

• Medical treatment and/or physical therapies 
• A package of care 
• equipment, such as a wheelchair or specialist computers for communicating
• Building work to adapt your house so it is suitable for your child’s needs, so that they can move around freely as they grow older.

The NHS Early Notification Scheme was introduced in 2017 by NHS Resolution, a legal division of the NHS that work on complaints and claims for medical negligence.

The intention of the ENS is to investigate what happened when a child suffers a potentially serious brain injury around the time of his or her birth. The aim is to do this quickly when memories of the events are clear in people’s minds, and in turn to reduce stress on the families concerned.

Doctors and other medical staff must report any case of a child being born in circumstances which could cause a brain injury, to their hospital’s legal team where the birth occurred. The case is then referred to NHS Resolution. If the case fits the criteria, it will be investigated under the ENS. Even though the intention is for investigations to take place as quickly as possible, unfortunately they can take a long time due to the complexities of each individual’s case.

If the medical staff in the NHS Trust are found to be have been negligent, the ENS will give the family a formal written apology. In addition, a package of financial support and advice regarding next steps in caring for the child will be agreed. If you have been contacted in relation to the ENS, it is vital that you seek independent, specialist legal advice. 

it is a tax on your estate (your assets) that may be liable for inheritance tax when you die. Usually, if your house, money and other belongings are worth less than £325,000 you don’t pay. If you’re married or in a civil partnership, the threshold goes up to £650,000 on the second death; after that it’s usually a flat rate tax of 40%. It’s tempting to think this is a tax only for the wealthy, but with house prices as they are today you might want to think again. From 6th April 2017, there is an additional allowance being introduced.  It starts at £100,000 per person which is in addition to the £325,000. There are various criteria to qualify: they include owning a residence which will pass to direct descendants.

What is a declaration of trust?

A declaration of trust is a document that sets out who owns what percentage of a property, so when it's sold everybody knows what they’re entitled to. They’re useful documents if you're an unmarried couple, you've made unequal contributions to buying a house, or loaned somebody else the money to buy or improve a house. 

A trust is a legal device used as a way of planning for the future and providing protection. You can use a trust to pass your wealth on to your children or grandchildren, to pay for school fees or a care home, or as part of your tax planning. 

Incapacity law steps in when people can no longer make decisions for themselves. Mental illness, old age or accidents can make every day decisions harder. We might not understand or remember the choices or even be able to communicate a decision. The implications can be severe – for example, on personal finances. If you’re concerned about your own future, or somebody you know is aving trouble making decisions, you should get professional advice. 

Whether you can change terms and conditions without consent will normally depend on what you are seeking to change, and whether the contract allows you to do so. In the absence of a contractual right to vary, employers should normally seek to obtain employees’ agreement to the changes sought. Failure to do so may give rise to claims including breach of contract and/or constructive dismissal. However, consultation and agreement with staff to vary terms, for say, reduced hours, can be a practical and effective way to minimise or avoid compulsory redundancies and should be considered where appropriate. 

You can seek employees’ agreements to pay reductions on a temporary or permanent basis to avoid or reduce redundancies. If you have a contractual clause to place staff on short time working that may also provide you with a way to reduce your payroll costs on an interim basis. In the absence of agreement or contractual right, employers who impose pay reductions could be liable for claims by employees including breach of contract and/or unlawful deductions from wages.

Each case will depend on the circumstances but the test for redundancy is set out under section 139 of the Employment Rights Act which defines a redundancy situation, typically as meaning a reduction in the needs of the business for work of a particular kind. This test should be applied at the point at which the decision to make an employee is redundant is confirmed. If circumstances change and an employer wishes to re-hire we recommend seeking legal advice as there may be implications of doing so, particularly if an alternative role is offered before their current employment ends.