No-fault brain injury

A brain injury can affect anyone at any time and in some cases as a result of an event that carries with it no fault or blame. Where there is a no-fault brain injury it may seem like there are limited options available to the injured party or their families, particularly where there is no claim or settlement by way of damages. The good news is that there are a variety of services designed to support and assist with rehabilitation and improve quality of life. This guide sets out some of the options available.

Charitable Organisations

Charities such as Brain Injury Group (BIG) offer fantastic support and access to resources to help support the individual and their families at all stages and signpost to services and charities designed to address the diverse needs of individuals with brain injuries, providing comprehensive support to enhance their recover and integration into society. They provide excellent peer-to-peer support and access to counselling services to help cope with the emotional and mental impact of brain injury.

Social Services

A referral to the Local Authority will provide access to services such as:

Adult Social Care: Support with daily living activities, personal care, and access to home adaptations.

Direct Payments (DP): Financial support to arrange personal care and other services independently. These can be received by individuals who have been assessed as requiring care and support such as:

1. Adults with care needs – those needing help with daily activities, personal care and support

2. Parents of Disabled Children – parents can receive DP’s to arrange care and support services for their disabled children

3. Carers – people who provide unpaid care to family members of friends with care needs can receive a DP to help with their own support needs

4. Young People transitioning to Adult Servies – individuals aged 16-17 who are transitioning from children’s to adult services can receive payments to manage their own care and support.

Legal Support

Depending on the individual’s capacity, may consider executing or applying to the Court for a Lasting Powers of Attorney (LPA) or Deputyship Order. These provide legal authority for a 3rd party to help or make decisions about an individual’s property and affairs, and their health and welfare.

Appointees – If an LPA is not required, those supporting the individual can apply to the Department of Work and Pensions (DWP) to be appointed as an appointee for the individuals benefits. This will allow you to receive any benefits which the individual may be entitled to on their behalf.

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Benefits and Financial Support

There are a number of benefits that can be applied for such as:

Welfare Benefits: Personal Independence Payment (PIP), Employment and Support Allowance (ESA), and Universal Credit.

Employment Support

Access to Work: A government initiative providing practical advice and financial support for individuals with disabilities to help them start or stay in work.

Specialist Vocational Rehabilitation Services: Assistance with job training, placement, and adaptations in the workplace.

Educational Support

Special Educational Needs (SEN) Services: Support for children with brain injuries to access tailored education plans.

Individualised Education Plans (IEPs): Development of specific strategies to support learning and development in school settings

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Housing Support

Supported Housing: Accommodation with support services for individuals who cannot live independently.

Adaptations to Existing Homes: Grants and assistance to make necessary modifications to homes to improve accessibility and safety.

Continuing Healthcare (CHC) funding

CHC funding is available for individuals who have significant ongoing healthcare needs. Entitlement to CHC funding is determined through a comprehensive assessment process conducted by a multi-disciplinary team. CHC funding covers the cost of care, whether it is provided at home, in a care home, or another care setting. It is designed to meet all health and associated social care needs without charge to the individual.

Types of needs accessed:

1. Behavioural Needs: Related to challenging behaviour that requires specialist support.

2. Psychological and Emotional Needs: Related to mental health conditions.

3. Cognitive Needs: Related to issues like dementia or brain injury affecting understanding and memory.

4. Physical Needs: Related to mobility, nutrition, continence, skin integrity, and breathing.

5. Communication Needs: Related to difficulties in expressing or understanding information.

6. Other Significant Needs: Any other needs that may affect overall care requirements.

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If you wish to discuss any of the above in greater detail, please feel to contact us and we will gladly discuss matters further.