Can a birth injury claim provide a better family home for a child with cerebral palsy?

Specialist birth injury and cerebral palsy solicitor, Susan Brown,  has over 30 years of experience in birth injury claims and is recognised by Legal 500 and Chambers Directory as one of the leading medical negligence lawyers in the UK.

In this article, we asked Susan about one of the most important concerns for a family whose child has cerebral palsy: How do you help families with disabled children after birth injury find suitable, adapted accommodation?

Why do families with children with cerebral palsy or brain injury disability need adapted accommodation?

Many families find that after having a disabled child the family home is no longer suitable for their needs. There may not be enough space in their existing home for necessary equipment, wheelchair access or to allow room for safe moving and handling. Most families also find that there is not enough space to implement a suitable care regime with professional care staff whilst still retaining privacy for the family within their own home.

What accommodation options are available in a birth injury claim if the family home is unsuitable for the child?

In most claims where birth injury or neonatal brain injury has caused severe disability, three possible options are available to the family if their home is no longer suitable for their disabled child.

• If possible, the family’s existing home can be extended and adapted to meet the child’s needs.
• In the short term, the family can move to a suitable rented property, which can be adapted.
• A suitable property can be bought and adapted to meet the child’s long-term needs.

What home adaptations are commonly needed for a child with cerebral palsy or brain injury disability?

We always instruct an accommodation expert to give their opinion on what needs to be done to adapt a property for a disabled child. The expert visits the family to discuss their specific needs for accommodation in which they can live comfortably and safely. The expert will advise the family on the most suitable type of property and how it can be adapted.

Our experts commonly recommend a range of home adaptations which include:

• installation of a through-floor lift;
• accessible and safe outdoor space;
• a downstairs suite for the child with an accessible wet room or walk-in shower;
• therapy space with plenty of storage for equipment;
• separate accommodation for carers with their own entrance, so that their presence won’t disturb family life;
• suitable access into and around the home by fixing ramps, widening doorways and providing enough room for wheelchairs, family members and carers to move around.

How will the purchase or rental costs of the property and adaptations be paid for?

In most cases where the negligent injury to the child and their severe, lifelong disability gives rise to a need for more suitable accommodation, the increased costs of renting, and/or buying and adapting a suitable property for the child are included in their claim.

If it is too early for the case to be settled but alternative accommodation needs to be purchased or rented and adapted, then an interim payment (advance payment of compensation) can be requested. We usually ask NHS Resolution to make a substantial interim payment on a voluntary basis as soon as liability has been admitted or we have obtained judgment. If they refuse, then we ask the court to order them to make an interim payment to meet our client’s immediate needs. 

If a court application is needed, this will be supported with evidence from our experts relating to the child’s need for more suitable accommodation and care. The court will consider the evidence and decide whether an interim payment must be paid. In most cases, however, once liability is established, we are able to obtain substantial voluntary interim payments to begin meeting the child’s urgent needs whilst we work towards valuation and final settlement of the claim.

Who else is involved in finding suitable accommodation for a disabled child in a cerebral palsy claim?

We work closely with our client families to understand their child’s accommodation needs. We also work with experts in accommodation and care. In addition, we may have input from a case manager and a property finder to help locate a suitable property for the family.

If a professional deputy has been appointed to oversee the management of our client’s compensation, then we also work with the deputy and our Court of Protection team to ensure that the child’s compensation is managed correctly and the necessary rental or purchase arrangements are handled efficiently, so that the family can move to their new or adapted home as quickly and easily as possible.

Read more about some recent cases in which we helped our disabled clients and their families move to more suitable accommodation:

• £18.7million settlement in an HIE birth injury claim for a teenager with cerebral palsy, including £1.37m interim payments during the case which paid for the purchase and adaptation of a suitable home and other urgent needs;
• £31.5 million settlement in an HIE birth injury claim for a teenager with cerebral palsy, including a £250,000 interim payment which enabled the family to move to suitable rented accommodation whilst the case continued;
• £18.1 million settlement in a birth injury claim for a child with severe cerebral palsy, including a £2.1m interim payment which paid for suitable accommodation and other urgent needs during the claim;
• £12 million settlement in a birth injury for a child with maximum severity cerebral palsy disability, including £1.8m interim payments which paid for the purchase and adaptation of a suitable home and other urgent needs;
• $23m settlement in a kernicterus neonatal brain injury claim for a New York resident child, including £1.35m interim payments, to meet the child’s urgent needs and a move to a suitable, rented Manhattan apartment.

If your child has cerebral palsy or neurological disability as a result of medical negligence, or you have been contacted by HSSIB/MNSI or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us.