Team Around The Client Magazine | Edition 4 | July 2021

EDITION 4 | JULY 2021

THE STRESSES AND STRAINS OF BEING A FAMILY CARER

THE ROLE OF ORTHOTICS IN NEURO-REHABILITATION OF CHILDREN

Our team shares the story of a young carer, whose mother experienced lifechanging injury.

Experts in orthotics and physiotherapy explain how this area of neurorehabilitation can help children after injury.

OUR COMPENSATION PROTECTION TEAM

GUEST WRITERS INVESTING SUSTAINABLY: THE EMERGENCE OF THE ‘CONSCIOUS CONSUMER’ P28

TRACY NORRIS-EVANS

SIMON ELLIMAN

Partner & Head of Compensation Protection | 07717 358 058 tracy.norrisevans@roydswithyking.com

Partner, Head of Clinical Negligence 01225 730 199 simon.elliman@roydswithyking.com

STUART BRAZINGTON Partner | 07788 413 356 stuart.brazington@roydswithyking.com

PAUL RUMLEY Partner | 01225 730 286 paul.rumley@roydswithyking.com

LINDSEY HOPKINSON BSC (HONS) Physiotherapy Highly Specialised Paediatric Physiotherapist

PARDEEP BIRING Senior Associate | 07901 060 860 pardeep.biring@roydswithyking.com

SARAH WHITE

ANNA COURTNEY BSC (HONS)

Associate | 01225 730 194 sarah.white@roydswithyking.com

Prosthetics & Orthotics Clinical Specialist Orthotist The London Orthotic Consultancy

JAMES SAGE

FRANS VAN DEN BERG

Partner | 01225 730 231 james.sage@roydswithyking.com

Principal, Financial Planning, Punter Southall Wealth

MARIA MEEK Partner | 07881 244 254 maria.meek@roydswithyking.com

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NEWS

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BUILDING A SUPPORT TEAM

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YOUR COMPENSATION

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INJURY AND EMPLOYMENT ADVICE

EDWARD VIDNES Partner | 07741 310 469 edward.vidnes@roydswithyking.com

SARA ISENBERG Associate | 07776 318 188 sara.isenberg@roydswithyking.com

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FAMILY ADVICE

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SPECIALISTS IN THE FIELD

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CHARITY SPOTLIGHT

FOREWORD “And so with the sunshine and the great burst of leaves growing on the trees, just as things grow in fast movies, I had that familiar conviction that life was beginning over again with the summer”; said Nick Carraway narrating in The Great Gatsby, when talking of hope.

Indeed, we had a glorious half-term of weather in early June and we are now approaching the hopeful lifting of UK Covid restrictions in the summer. Along with these changes there is a renewed sense of optimism as we are able to see the family and friends we have missed so much.

Tracy Norris-Evans in our Personal Injury team has been working extremely hard in putting together the forthcoming Ahead Together conference on 9 September 2021, and details of how to purchase tickets to attend remotely can be found at roydswithyking.com/ahead-together

KERSTIN SCHEEL Partner Royds Withy King @KerstinScheel

This year the Ahead Together Conference will focus on “Supporting family identity after brain injury”. This is a fundamental principle in how we and the case managers work to support our clients after they have had their lives turned upside down by a family member’s catastrophic brain injury; we seek to ensure that all family members are acknowledged.

A holistic approach like this is vital, as our injured clients require their family unit as a whole to be supported and guided as much as they are. The roles and demands put on family members alter hugely after a life changing event such as a brain injury, so it is paramount that there is sensitivity to the new feelings of identity and purpose which emerge.

Our team looks forward to welcoming delegates to explore these issues further in September and we will report back on the conference in our next edition. In the meantime I hope that the summer is a warm and happy one, with some opportunity for a much-deserved holiday!

NEWS

RECENT SUCCESSFUL CLAIMS

£24 MILLION COMPENSATION SECURED FOR NINE YEAR OLD BOY WITH CEREBRAL PALSY

In this clinical negligence

Royds Withy King’s Kerstin Scheel and Abigail Ringer have secured a settlement in excess of £24 million for

claim, with appropriate care, R would have been delivered by elective caesarean section

a nine year old boy, R, who suffered from a shortage of oxygen at the time of his birth at St George’s Hospital in London.

R was his mother’s second child. R’s mother’s first

at 39 weeks and would have

pregnancy was complicated by shoulder dystocia

been born uninjured.

that she had a difficult birth. During the course of her

but she was not informed of this, recollecting only pregnancy with R, there was then a failure to review the records from her first pregnancy and a failure to counsel the mother on the risks of proceeding with a vaginal delivery with her second baby.

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a shortage of oxygen to his brain. He is affected

The compensation received will now provide all the care and accommodation that R will

by quadriplegic cerebral palsy, learning difficulties, and epilepsy.

The compensation received will now provide all the care and accommodation that R will need

need for the rest of his life. It will

for the rest of his life. It will also provide him with

also provide him with excellent

reaches his full potential.

equipment and therapy to ensure

The compensation was awarded by way of a lump

that R reaches his full potential.

excellent equipment and therapy to ensure that R

sum of £8 million. R will also receive £160,000 per year until he is 13 years old; £180,000 per year until he is 18 years old; and £232,000 per year thereafter.

With appropriate care, R would have been delivered by elective caesarean section at 39 weeks and would have been born uninjured.

In the event R was born by emergency caesarean section and was delivered in poor condition requiring

KERSTIN SCHEEL Partner, Clinical Negligence @KerstinScheel

resuscitation. R suffered brain damage as a result of

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NEWS

RECENT SUCCESSFUL CLAIMS

It was admitted that there was a failure to note that our client had failed to feed adequately

SIGNIFICANT SETTLEMENT SECURED FOR CLINICAL NEGLIGENCE CLAIMANT WITH PERMANENT BRAIN DAMAGE AS A RESULT OF MISSED NEONATAL HYPOGLYCAEMIA Our client, an 18-year-old man, received £8,000,000 plus PPOs of £260,000, following a failure to diagnose and treat neonatal hypoglycaemia. As a consequence of this, he was profoundly brain damaged.

between 16.30 hours and the point of his documented collapse in SCBU some 15 hours later, and/or to take steps to remedy this, as well as a further failure to measure his blood sugar.

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WHAT HAPPENED Our client was born following a largely uneventful pregnancy. He was delivered by caesarean section following foetal distress but was born in good condition and did not require resuscitation at birth.

A few hours later it was noted that our client was not interested in breast feeding, then later still that he was not interested in feeding at all. After a further failure to feed, some hours later he was noted to be making grunting noises. He was grizzly and still reluctant to feed.

Following this our client was placed on a ward with his mother, where his condition severely deteriorated.

He was transferred to the Special Care Baby Unit (SCBU) and, on arrival, he was found to be profoundly hypoglycaemic. His temperature had dropped to 35.4 and he was described as floppy, and was cyanosed (turned blue). It was also noted that the claimant was fitting.

It gradually became apparent that the claimant had sustained profound brain damage. He was diagnosed with spastic diplegic cerebral palsy, learning difficulties, epilepsy, and visual problems. He also presented very challenging behaviour, including verbal and physical aggression, which was directed mainly towards his parents but also his care staff. Our client was trialled in mainstream education but failed to cope with this, and he required special needs tuition.

It was admitted by the defendant Trust that had such steps been taken, then it was more likely than not the situation would have been remediable. Judgment was entered for our client in 2015, with the defendant responsible for 100% of damages.

Our client subsequently brought a claim via his mother and Litigation Friend.

THE CASE FOR NEGLIGENCE It was admitted that there was a failure to note that our client had failed to feed adequately between 16.30 hours and the point of his documented collapse in SCBU some 15 hours later, and/or to take steps to remedy this, as well as a further failure to measure his blood sugar. There was an associated failure to note and/or respond adequately to the fall in our client’s

temperature between the point of his birth and his admission to SCBU. It was admitted by the defendant Trust that had such steps been taken, then it was more likely than not the situation would have been remediable. Judgment was entered for our client in 2015, with the defendant responsible for 100% of damages.

Unfortunately, by this point our client’s behaviour was so extreme that a Stay of Judgment of three years was agreed upon, so that treatment to remedy this could be trialled and the parties would thus have a clearer understanding of his likely prognosis.

Our client’s behaviour largely failed to improve over the three-year period, during which a care regime was implemented and neuropsychological and SALT therapies were trialled. However, during this time, his epilepsy had become dormant.

OUR CLIENT’S INJURIES Our client suffered from developmental delay which was uneven. Superficially, his conversation appeared to be normal, but its content was limited and stereotypical. He would attempt to dominate conversations so that he could control the speed and content of the information he had to process. He also

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struggled with basic numeracy to the extent that were he to be given a handful of change, he would have difficulty in counting it.

Our client – as alluded to above - was prone to outbursts of temper, and had kicked, scratched, bitten and punched both of his parents, though particularly his mother, and would also resort to pulling her hair. He was verbally abusive and frequently swore. What’s more he was extremely anxious and would be unable to cope with any change in his routine; he found holidays extremely difficult unless events were planned down to the last detail.

Physically, our client’s fine motor skills were impaired. His gait remained abnormal, such that orthotics were required.

He required a wheelchair for uneven surfaces and longer distances outdoors but his mobility was relatively unimpaired.

As a result of these injuries, and his very challenging behaviour, the claimant remained a danger to himself and to others. It was common ground between the parties that he required 24-hour care and that – at least some of the time – would require two carers, primarily for reasons of safety. He would also require night-time care.

As for prognosis, it was also agreed that our client would never be able to work in any capacity and that his life expectancy was agreed to be subject to some, though not much, reduction.

It was common ground that he would come to hoisting later 8

in life and would become increasingly wheelchairdependent, indoors as well as out.

The claimant’s behaviour, gait and long-term mobility issues required suitable single storey accommodation.

A rural location was required so that the claimant’s anxiety levels could be managed, and an open-plan layout was needed so that he could see where his mother was: again, aiming to minimise his anxiety levels.

Furthermore, there were disagreements as to the costs of Deputyship, as the claimant had a limited ability to engage in meetings relating to his care and wellbeing. Numerous disputes arose between the experts retained by both parties (notably those in the disciplines of care, occupational therapy and neuropsychology), reflecting the claimant’s very unusual presentation. It was therefore necessary to interrogate the defendant’s expert evidence in some detail.

FINALISING THE CASE Quantum proceedings were recommenced following the Stay of Judgment, and they were fiercely contested. One key issue was whether our client would have achieved graduate-level employment but for the admitted negligence, though it was common ground that he would (on balance of probabilities) have attained a first degree and quite possibly postgraduate or professional qualifications thereafter.

There was also significant disagreement as to the number of carers that would be required, and also our client’s behavioural prognosis.

SETTLEMENT An £8 million lump sum payment (inclusive of interim payments) was agreed by the Court involved in the case, plus a further £260,000 every year for care and case management.

One key issue was whether our client would have achieved graduate-level employment but for the admitted negligence, though it was common ground that he would (on balance of probabilities) have attained a first degree and quite possibly postgraduate or professional qualifications thereafter.

PAUL RUMLEY Partner, Clinical Negligence @RWK_PaulRumley

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FAMILY ADVICE

THE STRESSES AND STRAINS OF BEING A FAMILY CARER – TEGAN’S EXPERIENCE

“When Mum came home from hospital, our lives changed very quickly. I had to grow up fast and learn lessons that many children my age might not have.

Mum wasn’t able to walk without a Zimmer frame, couldn’t lift anything, and couldn’t even get up and down the stairs. I had to help Mum to wash and dress and help Dad look after my little sister, as well as do routine chores around the house.”

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There are reportedly over 800,000 young carers across the UK, and it is not surprising that we come across a high number of young family members who have taken on a significant caring role for injured clients whom we represent in personal injury and clinical negligence cases. Often a heavy burden falls upon a spouse or partner, but in many cases children take on significant caring responsibilities.

Not only that, but a child’s life can be transformed in many other ways by a significant injury to a parent.

The Young Minds charity, which fights for the mental health of children and young people, suggests the following issues faced by young carers: • feeling stressed by having too much responsibility • feeling physically tired • feeling worried about your relation’s health • struggling to cope with others’ moods • having no time for self or homework

• missing school • feeling embarrassed about your situation • being bullied • experiencing low self-esteem, anxiety, anger or guilt.

Tegan, the daughter of a client of mine who has cauda equina syndrome, has written movingly of her experiences since her mother’s injury on the Cauda Equina Champions Charity’s website. What she says is remarkably in tune with many of the issues identified

by Young Minds.

I had never heard of this condition until my family and I were affected by it. Two years later, I still wonder how different life may have been if Mum was operated on quicker.

If I’m honest, I can’t really remember what Mum was like before CES, but I remember we used to do a lot more. We are not able to go on long-haul holidays anymore and mum isn’t able to go on rollercoasters or waterslides. A lot of the things we used to do, we just can’t do anymore. Even simple things like going to the shops take a lot of planning and I need to help Mum with her wheelchair or scooter.

At the beginning I felt embarrassed; I was embarrassed of what my friends would say. But now it’s become normal. The good things that have come out of Mum’s disability are that we spend a lot more time together, we talk a lot more and we laugh a lot! Our bond is closer than it has ever been.

I have realised that people who face battles and fight through pain every day are the real heroes in life.

Knowing myself what goes on, living with a parent with a disability has given me a lot more respect for carers and for other people like me and my family.

What would I say to other children living with a parent with a disability? I would say that it’s ok to feel sad, scared and even embarrassed. It’s ok to be angry at the situation that has changed everything. I want them to know that they are not on their own. There are people they can talk to. There are charities that can help. In time it will get easier and you will see the positives from the situation.

The most important thing is not to keep everything bottled up, talk to your friends, to your family or your teacher. You don’t need to feel guilty for how you feel, and you don’t need to go through this on your own.”

Tegan’s advice is very insightful, and again is absolutely in accordance with that offered by Young Minds: • Make sure to reach out to others, like at school/ college or specific young carers groups/support services, to reduce pressure and help to improve mental health • Take time for yourself • Make sure someone is looking out for you (teacher or friend), so you don’t feel alone.

Our ethos at Royds Withy King is to offer a holistic approach to our clients, and understanding the dynamic of the family is very important.

Of course, if we are able to win substantial damages for our clients, as we aim to do in every case, that will often include provision for significant levels of professional care, which is likely to ease the burden of care for family members. The psychological impact is not so easily solved, so it is very important to remember that the whole family is impacted by a significant injury to any member of it.

There are a number of charities which can help, not only Young Minds, but also Honeypot (which offers countryside respite breaks for young carers as well as a range of support services), the Young Carers Development Trust (which tackles the lack of - often educational - opportunity experienced by many young carers due to their caring responsibilities), the Children’s Society, and the NSPCC, among others.

SIMON ELLIMAN Partner, Head of Clinical Negligence @SimonElliman1

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SPECIALISTS IN THE FIELD

AIDING WITH DECISION MAKING FOR A CHILD TURNING 16, 17 OR 18 YEARS OLD

There is a common misconception that “next of kin” carries legal rights over those aged 18 and above, but this is not the case. “Next of kin” is simply a term used to describe a person’s nearest blood relative, partner, or friend primarily by emergency services to identify who to keep informed about a person’s condition and or treatment.

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The transition phase for a child maturing into a young person (16-17 years) and adult (18 years +) is undoubtedly a challenging period for any individual and for so many different reasons - emotionally, physically and cognitively.

It can also be a difficult time for parents (or guardians), who may have up until that time been solely responsible for decision making and determining the life choices of their loved one. More often than not it is a frustrating shock to the system for a parent or guardian to realise that they no longer automatically hold that decision making authority.

There is a common misconception that “next of kin” carries legal rights over those aged 18 and above, but this is not the case. “Next of kin” is simply a term used to describe a person’s nearest blood relative, partner, or friend primarily by emergency services to identify who to keep informed about a person’s condition and or treatment.

A lack of capacity is both time and issue specific, and it can be permanent or temporary. It cannot be determined merely based on a person’s age or appearance, due to their condition, or any aspect of their behaviour which might lead people to make unjustified assumptions about their decision making abilities.

Within this article, I will briefly explore the legal impact of the transition of a young person to being 16-17 years old, and then as they go on to reach the legal age of adulthood at 18. I will do so in the context of the Mental Capacity Act 2005 (MCA 2005) and its corresponding Code of Practice where the person’s capacity (or lack of capacity) to make a particular decision at the time it needs to be made is in question due to a learning disability, brain injury, mental health problems or other condition/illness which may impact on their ability to make and understand decisions.

CHILDREN UNDER 16

YOUNG PEOPLE AGED 16-17 YEARS OLD AND CAPACITY The underlying principle of the MCA 2005 is that a person over the age of 16 is presumed to have capacity unless there is medical evidence to the contrary. The burden of proof is on those alleging there is a lack of capacity and it must be proved on the basis that it is more likely than not.

A lack of capacity is both time and issue specific, and it can be permanent or temporary. It cannot be determined merely based on a person’s age or appearance, due to their condition, or any aspect of their behaviour which might lead people to make unjustified assumptions about their decision making abilities. Furthermore, a person must be given all available support to help make their own decision and you cannot prevent a person making an unwise decision where they have capacity.

Anything that is done, regardless of whether the individual lacks capacity or not, must be done in the least restrictive way to their rights and freedoms.

CARE AND TREATMENT By way of background, the MCA 2005 Code of Practice (Chapter 12) works on the basis that the Family Law Reform Act 1969 presumes young people have legal capacity to agree to or refuse certain medical intervention, and can refuse access to their medical records, or refuse consent for clinicians to disclose information to their parents.

Generally speaking, the MCA 2005 does not apply to children under the age of 16, except for when: • The Court of Protection are asked to make a decision in relation a child’s property and financial affairs and/or appoint a deputy where the child lacks capacity to do so themselves, and this is likely to remain the position for them when they reach 18 and beyond.

• There are specific offences of ill treatment or wilful neglect of a person who lacks capacity.

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However, this is not the case for rarer procedures such as organ donation or medical research, where those under the age of 18 are presumed to lack legal capacity unless they are deemed “Gillick competent” (this is a test to determine whether the young person is mature and intelligent enough to understand the proposed treatment or procedure and can give valid consent).

As a result, there are unfortunately occasions where a young person lacks capacity to consent to their care or treatment, and so it will fall under the provisions of the MCA 2005. It will therefore be for the relevant people around them to make these decisions on their behalf. The act provides general protection from liability (except for civil liability for any loss or damage or criminal liability resulting from negligence) as long as: • reasonable steps have been taken to establish that the young person lacks capacity • they reasonably believe the young person lacks capacity and that they are acting in the young person’s best interests; and • they follow the principles of the act.

in their welfare – only when it is practical and appropriate to do so and when it does not unlawfully breach the individual’s right to confidentiality. These people could include parents, guardians, siblings, social workers, case managers, deputies and others involved in treating or interacting with the persons such as educational professionals and other agencies.

For practical purposes, it may be easiest to convene a bests interests meeting for an open discussion between all relevant individuals, where evidence is recorded in meeting minutes.

DISPUTES ABOUR THE CARE, TREATMENT OR WELFARE OF A YOUNG PERSON WHO LACKS CAPACITY (OR WHERE THEIR CAPACITY IS UNCLEAR) On occasion there will be a disagreement about what is the best course of action for a young person when it comes to their care, treatment or welfare. Where possible, it is best to try and resolve this through working with all the individuals and or professional bodies involved.

BUT WHAT IS ‘BEST INTEREST’ DECISION MAKING AND WHO CAN BE INVOLVED?

Requesting a best interests meeting is often the first step and/or following complaints procedures of organisations such as a hospital or local authority can often help resolve matters.

Helpfully, the MCA 2005 code of practice provides some useful guidance on how best interest decisions can be made on behalf of an incapacitated person.

For family members, I would advise taking a look at the MCA 2005 Code of Practice as this has purposely been written in a way that is more easily understood.

The decision maker must consider all the relevant circumstances, in particular whether the person will at some time have the requisite capacity to make the decision for themselves, and if so, whether the decision can wait until such a time. Moreover the person (as much as it is possible) must be permitted and encouraged to participate in the decision making.

In addition, the decision maker must consider the person’s past and present wishes, as well as their feelings, beliefs, values, and any other relevant factors.

Lastly, it is also necessary to consult those involved in the young person’s care and anyone interested

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However, where an issue cannot be resolved, it may be necessary to make an application for the matter to be resolved by the court. This will allow an independent Judge to consider everyone’s views, including the person, their family and any professionals involved.

Depending on the circumstances of the case, the Court of Protection may either make a decision as to what is in the person’s best interest or appoint a health and welfare deputy who will be able to make these decisions. The most serious of cases, usually involving life sustaining treatment, will often be referred to the family court for a decision to be made.

WHAT IS A HEALTH & WELFARE DEPUTY OR ATTORNEY? A health & welfare deputy is a person who has been appointed by the Court of Protection to make decisions about a person’s health & welfare when that person does not have capacity to do so themselves. This can include decisions on where to live and what medical treatment to have. However, they will not be able to make decisions around lifesustaining treatment; the Court will usually only want to appoint a deputy when there is a series of decisions to be made for a person, not where the Court itself can make a one-off decision.

A health & welfare deputy must know the person they are making decisions for well and be willing to seek advice and support from other people relevant to a decision, as well as the person themselves. They have the same role as a deputy, but are appointed by a person over the age of 18 to make decisions when the individual is not able to. This can be important for people who, as a result of their illness or injury, may have capacity to make decisions at some times but not others.

Family members may wish to consider this as an option for when their child turns 18, should their child be unable to make decisions for themselves.

A solicitor can help advise you on the best option for you and your family’s particular circumstances.

Depending on the circumstances Some benefits require actual aquatic physiotherapy from of the case, the Court of Protection an experienced may either makeaquatic a decision as physiotherapist, can to what is in the others person’s best be achieved by a carer or and interest or appoint a health family member trained by a welfare deputy who will be able to physiotherapist. make these decisions.

EXAMPLES OF POTENTIAL OPPORTUNITIES TO ADDRESS THE MENTAL CAPACITY OF A YOUNG PERSON: Where a young person’s mental capacity is of concern, it may be best practice to review this at important junctions in their life and future planning, for example: • for children in residential schools, at their EHCP Planning meeting from age 15 onwards • at any point in child protection planning and reviews • during planning for transition to adult services • placement planning and consent to medical intervention or mental health treatment • for Looked After Children, it could be at their 15 year old LAC Review and then discussed regularly at future reviews.

It is certainly a complex area, but hopefully this article has provided some useful and practical guidance.

MARIA MEEK Partner, WKTL Director @marialmeek

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CHARITY SPOTLIGHT

FLAMINGO CHICKS – AN INCLUSIVE DANCE CLASS AND MUCH MORE

“There were 15 places available and an amazing 200 families applied: highlighting the gap for this type of activity and opportunity.”

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I had the pleasure of talking to Katherine (Katie) Sparkes, founder and CEO of Flamingo Chicks, about how this fantastic local charity started out, what it offers, and Katie’s vision for the future.

For Katie it all started around seven years ago, when her daughter Poppy, who has cerebral palsy, was seven. “When Poppy was younger there was a real lack of opportunity for children with cerebral palsy like her to attend any groups or do many activities.

She really wanted to dance and move but there was nothing available for her”.

Poppy and Katie were of course very frustrated by this, so Katie decided to arrange her own inclusive dance class for children to start breaking down these barriers.

Katie reflects on how she could have started any type of group, “but Poppy wanted to dance and so dance was the direction that I went in!”.

“I don’t have a dance background at all; I was simply ‘nudged’ in this direction by Poppy!” Katie says. She also often gets asked whether she was a prima ballerina in a previous life but, whilst this is a lovely thought, in reality Katie says she isn’t very good at dancing and has not had any dance training at all.

Katie’s first step was to hire a local pre-school hall in Bristol along with a dance teacher, and then put a notice up. “Social media marketing was not as prominent as it is today, so the only promotion I did was putting up the notice. There were 15 places available and an amazing 200 families applied: highlighting the gap for this type of activity and opportunity”.

“The class really appealed to the children from the start and it was fantastic to see them moving around freely”, Katie explains. “The particular type of cerebral palsy that Poppy has means that she has lots of involuntary movements, and being able to move and run around in a creative dance environment really worked for her and a lot of other children like her”.

WHO IS FLAMINGO CHICKS FOR?

“I felt that it was very important for the class to be very creative and inclusive but founded on core dance principles.”

Flamingo Chicks has expanded geographically too, no longer just hosting events in Bristol. They have been described as a national force championing inclusivity across 31 weekly classes and hundreds of workshops spanning the length and breadth of the country.

At their core Flamingo Chicks is a community, a growing movement of people wanting changes to be made in the way our society treats disabled children.

“In short – it is for everyone!”, Katie explains. “The people who access Flamingo Chicks are from a wide range of backgrounds. There are lots of people with complex learning difficulties, a real mix of boys and girls, and also children that have no disabilities at all”.

“I felt that it was very important for the class to be very creative and inclusive but founded on core dance principles”, Katie continued. “Ballet is a very rich genre and really lends itself to storytelling, acting, and creativity, and this is often lost in mainstream classes”.

Katie also noticed that lots of children are put off ballet by the exams and the regimental nature of it, so lots of children who have tried ballet at other places and not liked it have ended up enjoying it at Flamingo Chicks.

The classes have evolved significantly from the first classes for children in Bristol seven years ago. Now, as well as classes for children, Flamingo Chicks offer Flamingo Dance (for adults) and Hatching Chicks (aimed at disabled mums and mums of disabled babies).

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SO MUCH MORE THAN JUST A DANCE CLASS

and stand-up paddle boarding), respite during classes The aims of Flamingo Chicks are to break down (offering an hour of respite for parents and carers to barriers to inclusion and to fight for a fairer future for sit back and connect with each other) and regular disabled children and their families. Katie explained resource-sharing (from resilience tips to inclusive craft activities.) how they do this through five core pillars:

1. Inclusive dance classes & workshops

3. Exceptional intergenerational volunteering

The classes are where Flamingo Chicks started.

They are uniquely inclusive on several levels; communication aids such as Makaton signing are used; there are adapted movements and multisensory elements and classes support both the physical and emotional health of participants.

Katie helps organise volunteers of all ages and experiences to offer their time and skills across a wide range of roles, from fundraising committee members, to dance helpers, to operations support.

2. Parents & carers support Katie understands the loneliness and isolation that disabled people and their families can feel, and how important it is for parents and carers to have contact with other families in similar situations. Flamingo Chicks therefore have a peer support network which offers a lifeline for parents and carers by providing opportunities to connect with each other.

Various activities are offered through the support network, such as wellbeing activities (including guided relaxation sessions), helping mums look after their physical health (including Mummy and Me running events), social events (including chocolate tasting

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For Katie, the volunteer community is incredibly important to Flamingo Chicks and how they offer training and development opportunities to support the volunteers in their roles: from Beginner’s Makaton to working with children with special needs.

4. Global outreach Global Chicks is an outreach project sharing tips, best practice and upskilling organisations working with disabled children across the world.

The outreach team have delivered Flamingo Chicks workshops to hundreds of children worldwide from Ghana to Vietnam and Singapore, to refugee camps in Greece and supported local organisations to develop their own activities and grow.

5. Advocacy Flamingo Chicks have a group of inspirational young people they call Agents of Change. These youth advocates champion inclusion and disabled children’s rights. They work towards dismantling barriers to inclusion so that schools, health facilities, public transport bodies and others encourage disabled children to participate alongside their peers.

The Agents of Change meet regularly for workshops underpinned by the United Nation’s Sustainable Development goals. They already have an impressive speaking record, including the UN HQ in New York and the House of Commons, and have advised powerhouses like the Science Museum in London.

ADAPTING DUE TO THE PANDEMIC – NOT JUST SURVIVING - THRIVING

Katie explains how truly special the trip to the UN in New York was. “It was a physical challenge getting seven children with varying needs to New York, in the height of summer when it was extremely hot, but it was really worth it.

Flamingo Chicks knew that families would need their help more than ever during the pandemic. They quickly rose to the challenge though, adapting and evolving with incredible results – reaching more children and families than ever before.

The other adults and I were really nervous, but I was amazed how the children got up and gave the performance of their lives. Some disabilities mean a complete lack of inhibition, and this was a real strength in this situation. We all have strengths and weaknesses, and disabled children’s lack of inhibition can often be a real strength”.

“Very early on it became clear that Covid-19 would be a long-term challenge for children with special educational needs and disabilities, with so many support services and activities paused, cancelled or inaccessible. While in-person classes were paused, the team created a series of first-of-their kind virtual classes live via Zoom and pre-recorded classes that could be accessed at any time.

Flamingo Chicks did not offer any online provision before Covid but I cannot see why we didn’t think of this sooner! The Zoom classes have enabled us to reach even more children than before. For example, children who are undergoing cancer treatment and are not able to attend mainstream classes and children who are much further away, who might not be able to attend classes”.

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This online offering has also enabled Flamingo Chicks to get into children’s hospitals and hospices. “These online classes will now always take place”, Katie says.

“The pre-recorded classes on YouTube are very special as they are beautifully animated in a very appealing way and there are different versions for different levels of mobility. We have also made these classes accessible for children who have issues of communicating; for example, there is signing, Makaton subtitles and widget symbols to help children”.

THE LONG-TERM IMPACT OF THE PANDEMIC ON DISABLED CHILDREN One thing that Katie really expresses is the fact that, when things get back to normal for most people, many members of the disabled community will be behind the curve. “With autistic children, for example, because they will have spent so much time at home within a limited environment, their world will have got so much smaller. And when things start to reopen everything will be a lot busier, which will make it very difficult for them. We must remember that for some children, coming out of lockdown will be a very stressful time, rather than a happy time”.

Katie also highlights that what has been a temporary (albeit longer than anticipated) lockdown for most people, is a permanent way of life for a lot of disabled children. “For these children things will not get better

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when restrictions are lifted as they aren’t able to get out and about”.

It is an important message that disabled children will need more help and support than ever as we come out of lockdown. Many children will be behind as far as confidence and learning is concerned, but there are also other practical challenges: children with speech difficulties will not have been able to talk to many people, for example. “When a child undergoes speech and language therapy, it is important to make sure that they speak to as many people as possible face-to-face”, Katie says.

“Unfortunately, many children will have gone a year without speaking to anybody outside of their family face-to-face”.

There will also be major sensory issues when places open again; for example, soft plays and certain centres will be extremely busy and will cause sensory overload.

Katie also rightly points out that the isolation that some people are feeling now due to lockdown is the way many disabled children and families have felt for years. “When Poppy was younger I felt very isolated.

Parents and carers will have really suffered and it will take a long time for things to get back to normal”.

“Flamingo Chicks will have a phased return when we go back to in-person classes and faceto-face contact. We always go over and above the Government guidance in terms of cleanliness, etc., as their service users are so vulnerable but even before Covid, we were used to this as we had to adhere to very strict hygiene practices when they went in and out of hospitals and hospices; we were prepared.

We really hope we can go back to face-to-face classes soon and that we can do shows and a tour around the summer. Moving forwards we would definitely do a hybrid approach though, using technology for those that aren’t able to get to classes”.

As she looks ahead, Katie’s priorities for the future will see Flamingo Chicks continue to grow and support disabled children and families as we navigate the pandemic and our exit from it. “We’ve really seen the importance of stability and so we will continue to support the Flamingo Chicks community through regular classes and workshops, with core themes of resilience and confidence. We will also seek to harness what we have learnt through using technology and delivering remotely, and will continue to reach more disabled children, connect isolated volunteers and support parents and carers. By our 10th birthday in 2023 we want to create a community of more than 5,000 children and families accessing their services each year”.

We sincerely hope that they manage this.

SARAH WHITE Associate, Clinical Negligence @SarahWhiteRWK

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BUILDING A SUPPORT TEAM

THE ROLE OF ORTHOTICS IN THE NEUROLOGICAL REHABILITATION OF CHILDREN Experienced children’s physiotherapist, Lindsey Hopkinson and orthotist Anna Courtney come together to highlight the essential role of orthotics in the rehabilitation of children and adults with neurological conditions.

ANNA COURTNEY BSC (HONS) Prosthetics & Orthotics Clinical Specialist Orthotist The London Orthotic Consultancy

LINDSEY HOPKINSON BSC (HONS) PHYSIOTHERAPY Highly Specialised Paediatric Physiotherapist

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Having practised as a physiotherapist for over 15 years, working mainly with children with neurological conditions such as cerebral palsy, genetic conditions and acquired brain injury, Lindsey has experienced first-hand, the fundamental importance of good orthotic management. Anna has been an orthotist for seven years and is passionate about providing the best orthotic management for her clients to ensure they can stand, and if able, walk to the best of their abilities.

Lindsey now works as a private physiotherapist, case manager and expert witness; Anna is an orthotist at London Orthotics Consultancy. Both Lindsey and Anna assess and treat children and adults with cerebral palsy.

“I have learned that working closely with an experienced, highly specialised orthotist is extremely valuable.”

WHAT IS ORTHOTIC MANAGEMENT?

LINDSEY: Orthotics is the practise of applying special medical devices (orthosis), worn inside footwear, to enhance function and mobility, provide structural support and reduce the effects of contractures and deformities.

Splints are the most known type, however there are many different forms of orthotics and footwear can play a vital role in the overall prescription; this is key to optimising the overall orthotic management.

Types of orthotics include: • Insoles • Heel cups • Ankle foot orthoses (AFOs) • Knee ankle foot orthoses (KAFO’s) • Hip knee ankle foot orthoses (HKAFO’s) • Posterior leaf springs (PLS) All our comments are transferable to neurological condition in adults too.

HOW CAN ORTHOTICS HELP CHILDREN WITH NEUROLOGICAL CONDITIONS SUCH AS CEREBRAL PALSY AND ACQUIRED BRAIN INJURY (ABI)?

LINDSEY: As a physiotherapist, my role is to help improve a child’s ability to stand and, if able, to walk.

It is also my job to ensure that, while children are growing, their bones and muscles are protected. When a child is diagnosed with a neurological condition such as cerebral palsy it is important to assess if they need orthotics from a young age. I generally start to assess this as soon as they are standing and beginning to cruise around furniture, or when I am about to prescribe a standing frame.

As the primary function of orthotics is to help align and protect children’s musculoskeletal system and enhance function, I have learned that working closely with an experienced, highly specialised orthotist is extremely valuable.

There are so many factors to consider when assessing a child for the correct orthotics (splints) and footwear to ensure they receive the correct overall orthotic management. For some children, accessing orthotic-based gait analysis and splints/adapted shoes can be challenging within the UK. 23

In my opinion, early orthotic management in children is essential. It has the potential to reduce the amount of orthopaedic surgery a child may need in the future by providing structural support and alignment early to protect the child’s bones and muscles as they grow.

The World Health Organisation (WHO) framework: International Classification of Functioning, Disability and Health (ICF) highlights the need to rehabilitate with function and participation as the key components:

Below are some of the ways orthotic management links directly with the ICF, as advocated by Elaine Owen: • To manage deformities preventable / reduceable

which

are

• Manage abnormal neuromuscular function including compensating for weak muscles and hyperactivity within muscles.

• Improve standing, stepping and walking.

Which includes ability to walk indoors, outdoors, in other terrains and locations, short or long distances.

• Improve the ability to walk short and long distances, move around obstacles, run, climb, transition on and off community transport.

HOW DO WE DECIDE WHAT MANAGEMENT A CHILD REQUIRES?

ORTHOTIC

ANNA: At LOC, we base our orthotic treatment on ‘The Optimal Segmental Kinematic Alignment approach to Rehabilitation’ (OSKAR), an orthotic method of treating children with lower limb neurological conditions, and we have extensive evidence that it is effective.

It was originally developed by Elaine Owen MBE MSc SRP MCSP, a world-renowned physiotherapist who was awarded an MBE in 2012 for services to children with disability, and worked with us at LOC since 2015.

In our OSKAR clinic we assess each child based on the ICF guidelines, this stands for the International Classification of Functioning, Disability and Health. These guidelines provide a framework within which our clinicians can measure and assess an individual’s physical functioning.

At a clinical assessment our orthotists will take a detailed clinical history, assess range of movement, strength, and spasticity, discuss the use of the International Classification of Functioning (ICF) and assess gait and walking patterns in our video vector gait laboratory.

We will then discuss the suggested gold standard orthotic prescription, set outcome measures and identify agreed ICF Goals using information from the assessment and gait laboratory videos.

At the fitting appointment, we proceed with gait lab video vector fine-tuning which can take around two hours. We fine tune the orthosis and footwear while standing and walking using the video vector gait laboratory whilst also checking for comfort and marking.

Periodically we will objectively measure how we are doing against these goals, setting

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review dates that are appropriate for each child.

This picture above shows how the team at LOC adapt footwear which is a crucial part of the process to ensure the child has the correct orthotic management. Footwear is key to the tuning of the splints and a key and essential component in orthotic management.

Physiotherapy and working together!

orthotic

management

LINDSEY: Following the supply of the correct orthotics, it is crucial that we provide a complementary physiotherapy programme that works alongside the prescription. Knowing when a child should wear the orthotics is central to their success and child, family, orthotist and physiotherapist should all agree functional goals.

These goals should be reviewed throughout the rehabilitation process, and the orthotic management also measured, as well as the physiotherapy to ensure targets are reached, function is improved and there is active participation from the child.

The main types of physiotherapy provision I prescribe, following orthotic supply fall into the following three categories: • Gait kinematic rehabilitation • Strengthening • Stretching I will sometimes prescribe a mobility aid such as a walking frame or sticks, and where appropriate, I may also prescribe treadmill walking and standing frames to aid the rehabilitation process.

Active stretching is the optimum way of stretching a muscle that is short. Orthotics help improve standing and walking so that the client can actively stretch their own muscles with aligned standing and / or each step they take. Passive sustained stretching can also

“Footwear is key to the tuning of the splints and a key and essential component in orthotic management.”

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help alongside active stretching, especially if a child or adult has been walking in an atypical pattern for some time resulting in the shortening of certain muscles.

This picture below shows me applying gait re-education and facilitation of hip and knee extension following supply of splints and adapted shoes.

Below is a testimonial from the mother of a child who has cerebral palsy. I first met this little girl when she was two years old.

Unable to walk unaided, she did manage to walk with two hand support and an atypical walking pattern (on her toes with her knees hyper extending).

When she stood with her feet flat, they rolled inwards. I knew no matter how much physiotherapy I gave her, nothing would work without the correct highly specialised orthotic management. I was concerned about her walking pattern and the way she stood. It was crucial to ensure she had the correct splints and shoes so that both the shoes and splints would not only protect her from a musculoskeletal perspective, but also help her walking pattern and future function and participation.

“The splints and shoes from London Orthotics Consultancy have been amazing. The first day she wore them she could stand unaided for the first time! They have helped her to learn how to balance and given her confidence to take her first unaided steps. The shoes and splints have been essential in improving her independence and quality of life. The customised fit has meant she is comfortable and happy to wear them all day.”

Below is a testimonial from the mother of an 18-year-old, recently supplied with Ankle Foot Orthotics (AFOs) and adapted footwear following surgery: “At the age of two my son Sam was diagnosed with cerebral palsy. Since then, his life has revolved around hospital visits and the medical profession.

His greatest need has been physiotherapy and over the years he has been seen by a succession of physiotherapists, some great and others not so good. Unfortunately, due to varying factors, his time with the better ones has always been short lived.

Sam is now eighteen and has recently come under the care of Lindsey. For the first time we have a physiotherapist who truly understands his needs and who is passionate about ensuring that he gets the best treatment. From a parent’s perspective it is refreshing to be educated the way Lindsey has educated me, by breaking things down in a way that is easy for me to grasp, and in a manner that no previous physiotherapist has been able to do.

Lindsey is always happy to go that extra mile and has been instrumental in getting Sam services that are not readily available on the NHS, even though they ought to be. She has put us in touch with the London Orthotic Consultancy, with whom she works closely, and through them Sam now has vital equipment that, without Linsey, we wouldn’t have even realised that he needed.

The new splints and tailor-made shoes that they have provided have proven to be of paramount importance in improving Sam’s stability and gait.

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I cannot express highly enough how pleased both Sam and I are to have found Lindsey, and how grateful we are for her professional and compassionate care and treatment.”

LINDSEY: I have spent several sessions with the team at London Orthotics Clinic observing the OSKAR assessments and reviews, and have found the OSKAR approach to orthotic management critical to the overall rehabilitation process.

We still have a long way to go to ensure every child has optimal orthotic management in this country. I highly recommend excellent orthotic management for both children and adults with neurological conditions using the OSKAR approach to rehabilitation. It is essential to improve function, participation and protection to children’s bones and muscles as they grow, the same is true with adults as they go through the ageing process.

Orthotic management needs to start early and physiotherapy should be a complementary process with joint assessment and goals set with children, families, orthotist and the physiotherapist. Collaborative working with the child’s or adult’s neurology and orthopaedic team is also essential.

Our final note is that footwear and splints are equally important. Footwear often gets left out of the treatment equation but they are essential to the fine tuning process and to enhance biomechanics in standing and walking.

YOUR COMPENSATION

INVESTING SUSTAINABLY: THE EMERGENCE OF THE ‘CONSCIOUS CONSUMER’

88% of us changed how we use plastics after viewing the final episode of Blue Planet, 44% of us drastically.1

Investors are becoming increasingly interested in the impact that their investments have on the environment and society, and in the business practices of the companies they invest in. This new level of awareness has led to a wide-spread shift in investor mindset, leading to the emergence of the ‘conscious consumer’.

Many people are already making choices that reflect their awareness of the impact those choices have on society and the planet. According to research conducted by Waitrose, 88% of us changed how we use plastics after viewing the final episode of Blue Planet, 44% of us drastically.1 Others say that COVID-19 has encouraged them to think about the issues of sustainability and the environment more seriously. 81% of respondents to a recent survey by Essity, a global health and hygiene

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company, said that these two issues are now more important to them because of the pandemic. The survey suggests that many are recycling more and reducing food waste, and the majority are resolved to maintain their sustainable behaviours postlockdown.2 The corporate landscape is changing to reflect the well-established trend towards ‘mindful’ consumption and values-based decision-making evident across consumers. Social responsibility is also increasingly recognised by CEOs and policymakers as a key means of helping to mitigate future risks, both regulatory and economic.

All of this means that investment firms need to provide solutions that better align to the values of the recipients of Personal Injury settlements, who may want their capital to be used to help influence corporate behaviour, to have an impact, and to accelerate the transition from a depletive to a more sustainable economy.

The corporate landscape is changing to reflect the wellestablished trend towards ‘mindful’ consumption and values-based decision-making evident across consumers. necessarily what they wanted to own. It also meant that performance was often part of the downside rather than the upside to this style of investing. This is now not the case.

THE CHANGING INVESTMENT LANDSCAPE THE ‘DUAL OBJECTIVE’ WHEN INVESTING We mustn’t forget, though, that while the recipients of settlements might look to make a difference through their investments, there will also be specific requirements that the settlement needs to meet in terms of income, growth and liquidity: whilst ‘doing good’ is non-negotiable for many, Socially Responsible Investment (SRI) portfolios must also ‘perform well’.

Whilst negative screening remains an option, the recent proliferation of Environmental, Social and Governance (ESG), impact, engagement and sustainability-oriented funds has given investment managers a much more vivid palette with which to paint, and affords firms like Punter Southall Wealth the ability to generate performance while benefitting society. We can now place the emphasis on positive inclusion, rather than negative exclusion.

At Punter Southall Wealth we refer to this as meeting the ‘dual objective’, and helping the recipients of settlements meet this objective is where financial planners and investment managers can demonstrate their value in aligning real world needs to investment solutions, and helping investors navigate the often confusing SRI landscape, in which there are now many more options than before.

In the past, many of such investment options were exclusively about constraint. Portfolios were designated as ‘ethical’ or specifically ‘green’ and as a result, the investable universe was dramatically reduced through the application of screens designed to exclude specific stocks or sectors. This led to investors owning what they could own, not 1.

2.

www.waitrose.com/content/dam/waitrose/Inspiration/Waitrose%20&%20Partners%20Food%20and%20Drink%20Report%202018.pdf www.essity.com/Images/TheGreenRecovery-Essity-UK_Final_tcm339-97086.pdf

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It’s an approach that naturally deselects sectors that don’t have a beneficial impact, while also enabling us to manage risk by building highly diversified portfolios – a much more effective way of helping the recipients of settlements meet the dual objective than was possible before. The fact that meaningful diversification can now be achieved will also give trustees confidence that they can satisfy their obligations under the Trustee Act 2000.

With the evolution in consumer demand and a widespread change in corporate behaviour, Socially Responsible Investment is moving more into the mainstream, but it won’t all be plain sailing. There will be unique challenges on the horizon. Successfully translating investors’ objectives into required outcomes requires significant expertise as well as an active approach to building and managing investment portfolios.

TRANSLATING THE JARGON ESG The assessment of Environmental, Social and Governance (i.e. ESG) factors can form part of the investment selection process in Socially Responsible Investing.

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SUSTAINABLE INVESTING A style of investing focused on trends driving the transition from a depletive to a more sustainable economic model.

ENGAGEMENT Fund managers can use shareholder power to positively influence corporate behaviour.

This could include voting on proposals and resolutions at Annual General Meetings.

IMPACT INVESTING The aim of impact investing is to intentionally generate positive social and environmental outcomes alongside financial returns.

INVESTMENT RISKS: • The value of investments and the income from them can fall as well as rise. An investor may not get back the amount of money that he/she invests. Past performance is not a guide to future performance.

• Foreign currency denominated investments are subject to fluctuations in exchange rates that could have a positive or adverse effect on the value of, and income from, the investment.

• Investors should consult their appointed advisers on the possible tax and other consequences of their holding any of the investments contained in this publication.

IMPORTANT INFORMATION: This communication is prepared for general circulation and is intended to provide information only. The information contained within this communication has been obtained from industry sources that we believe to be reliable and accurate at the time of writing. It is not intended to be construed as a solicitation for the sale of any particular investment nor as investment advice and does not have regard to the specific investment objectives, financial situation, capacity for loss, and particular needs of any person to whom it is presented. The investments contained in this communication may not be suitable for all investors. Prospective investors should consider carefully whether any of the investments contained in this communication are suitable for them in light of their circumstances and financial resources.

If you are in any doubt whether any of the investments contained in this communication are suitable, you should seek further appropriate advice.

FRANS VAN DEN BERG Principal, Financial Planning, Punter Southall Wealth

MIKE MYERS Head of Socially Responsible Investing Punter Southall Wealth

Punter Southall Wealth is a trading name of Punter Southall Wealth limited, which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales No. 5374633.

FCA Regulation No. 478840. Registered office: 11 Strand, London, WC2N 5HR. A Punter Southall Company.

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INJURY AND EMPLOYMENT ADVICE

NO JAB, NO JOB: STRIKING THE RIGHT BALANCE

There is currently no legal basis in the UK to make vaccination for Covid-19 mandatory. In fact, the Public Health (Control of Disease) Act 1984 specifically precludes any government regulations from ‘requiring a person to undergo medical treatment’, which includes vaccinations.

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Although the Covid vaccine roll out has largely been successful, there are still challenges for those employing carers hesitant about having the vaccine.

This presents an operational and ethical dilemma – how can you strike the right balance between protecting the health and safety of those receiving care services without infringing the legal rights of carers, who may have justifiable grounds to reject the vaccine?

CAN YOU MAKE THE VACCINE A CONDITION OF EMPLOYMENT FOR NEW CARERS? In short, yes - but not for everyone.

Particular care needs to be taken with applicants for employment who are unable or unwilling to have the vaccine due to a protected characteristic (such as pregnancy, disability, religion or philosophical belief) under the Equality Act 2010. If you refuse to employ

them because they have not had, or are unwilling to have, the vaccine, that could amount to indirect discrimination. Indirect discrimination is where you apply a policy in the same way to everyone but it disadvantages a group of people who share a protected characteristic.

There is a potential defence to indirect discrimination if the discriminatory conduct (in this case refusing employment) is a proportionate means of achieving a legitimate aim. However, it may be difficult to show that a blanket ban on employment for anyone without the vaccine is proportionate, particularly if there are other ways of mitigating the risk, such as COVID testing before each shift.

is hesitant about having the vaccine you should implement an effective information and consultation process with a view to: • providing factual and reliable information about the vaccine • busting any myths or conspiracy theories • identifying any specific concerns staff have, and • discussing how their concerns might be overcome.

A consultative approach could make a significant difference to a carer’s decision whether to have the vaccine.

You would therefore need to make allowances for applicants who refuse the vaccine for reasons protected under the Equality Act and find other ways to mitigate the risks.

If, despite these attempts, a carer continues to refuse to be vaccinated, consideration should be given to how best you can mitigate the risk. For example, by continuing to ensure robust infection control measures are in place and regular testing (ideally a test before each shift).

If you want to refuse employment on these grounds, you should take legal advice as the risks need to be assessed on a case by case basis.

GOVERNMENT POLICY FOR MANDATORY VACCINATION

CAN YOU MAKE THE VACCINE MANDATORY FOR EXISTING CARERS? There is currently no legal basis in the UK to make vaccination for Covid-19 mandatory. In fact, the Public Health (Control of Disease) Act 1984 specifically precludes any government regulations from ‘requiring a person to undergo medical treatment’, which includes vaccinations. The Government is also not recommending mandatory staff vaccination in private care arrangements.

As a result, requiring carers to have the vaccine is unlikely to be a reasonable management instruction, and dismissal for refusal to have the vaccine is unlikely to be fair. Making the vaccine a requirement for carers who refuse because of a disability, pregnancy or a protected religious/philosophical belief could also lead to potential discrimination claims. There are also potential grounds for a carer to challenge the requirement on human rights grounds.

The better approach is to encourage rather than require existing carers to be vaccinated. If a carer

The Government has confirmed it will mandate Covid vaccination for care home staff. However, this will not affect carers in a private care arrangement, so dismissal of those unvaccinated staff is likely to give rise to unfair dismissal claims (if they have two years’ service) and discrimination claims (if the reason for refusing the vaccine is because of a protected characteristic under the Equality Act 2010).

DON’T FORGET DATA PROTECTION DUTIES Vaccine status constitutes sensitive personal health data so you need to ensure you process and retain the data in compliance with GDPR. You will also need to update your candidate and employee privacy notices.

JAMES SAGE Partner @JamesSage6

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Inj

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IFA st o i S pe n Building y cia ou rs up t settlement Pos leg a nd employm a y e ur y a mil dvi Fa

on pensati m o rc u d yo ir fiel e t h t s ve ts in m lis tea t r e po vic d la dvice a nt ce

Family advice Supporting you, your parents, your partner, your siblings, your children.

Injury and employment advice Legal advice for your injury claim.

Post settlement legal advice As a professional deputy or trustee making financial decisions to enhance your quality of life.

Building your support team Working with professionals, especially case managers, to build and manage your support team to meet your care, therapeutic, medical and educational needs.

Specialists in their field Liaising with specialist neurologists, neuropsychologists, paediatricians, physiotherapists, occupational and speech and language therapists, architects and construction experts to optimise your independence.

Working closely with IFAs to invest your compensation As your lifelong legal companion working with financial experts to manage your investments to last your lifetime.