Team Around The Client Magazine | Edition Two | October 2020

EDITION 2 | OCTOBER 2020

AHEAD TOGETHER 2021 Find out more about our next thought-provoking conference on the family experience of brain injury.

THE DIFFICULTIES OF EMPLOYING SUPPORT WORKERS DURING COVID-19 Our specialist Employment team explains what you should consider when employing support staff during a global pandemic.

STATUTORY WILLS: WHAT ARE THEY AND SHOULD THEY BE ON YOUR RADAR? P10

OUR COMPENSATION PROTECTION TEAM

GUEST WRITERS

TRACY NORRIS-EVANS

RICHARD BROOKS

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

Partner | 07775 918 757 richard.brooks@roydswithyking.com

KERSTIN SCHEEL

IAN CARRIER

Partner | 07827 920 973 kerstin.scheel@roydswithyking.com

Partner | 07917 097 022 ian.carrier@roydswithyking.com

PARDEEP BIRING

OLIVIA COLES

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

Associate | 01225 459 953 olivia.coles@roydswithyking.com

MARIA MEEK

SHERALEE ELLIS

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

Financial Advisor

EDWARD VIDNES

DR AUDREY DAISLEY

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

Consultant Clinical Psychologist at the Oxford Centre for Enablement

SARA ISENBERG

DR HEATHER EPPS

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

ATACP (Aquatic Therapy Association of Chartered Physiotherapists) accredited physiotherapist

CONTENTS

4

NEWS

8

FAMILY ADVICE

10

POST-SETTLEMENT LEGAL ADVICE

14

INJURY & EMPLOYMENT ADVICE

18

BUILDING YOUR SUPPORT TEAM

22

CHARITY SPOTLIGHT

24

SPECIALISTS IN THEIR FIELD

28

YOUR COMPENSATION

FOREWORD Since our first edition in June the Covid-rollercoaster continues to take us through many ups and downs. Schools have resumed and our offices in Bath, Swindon, Oxford and London have blossomed cautiously back to life; there is definitely a sense of relief to return to a certain degree of normality and to be able to speak to colleagues face to face. Maintaining an open, flexible approach appears to be the order of the day – though how long for, who knows?

Keeping an eye on the future and pre-empting the needs of our clients remains a focus for the team, though. Even closer communication with our clients, case managers and each other has ensured care teams can continue to operate safely and expectations for everyone are understood. Our clients report highs and lows since March 2020, but their resilience and positive, pragmatic approach has been humbling.

KERSTIN SCHEEL Partner Royds Withy King

The sharing of information is a real theme going forward; this second edition of Team Around the Client Magazine is launched exactly 100 days before our next Ahead Together conference on 21 January 2021, the 2019 Ahead Together conference having recently been shortlisted by the Law Society for Excellence in Business Development. Our Clinical Negligence, personal injury and compensation protection teams are incredibly proud of the achievements reached by Tracy Norris-Evans and our in-house team in producing such a high quality conference.

At the time of writing this the American Supreme Court Justice Ruth Bader Gingsburg had very sadly recently passed away; a huge inspiration to millions of women globally. One of her most memorable quotes feels particularly apposite in these times: “To make life a little better for people less fortunate than you, that’s what I think a meaningful life is. One lives not just for oneself but for one’s community.”

NEWS

RECENT SUCCESSFUL CLAIMS

RECENT CLAIMS INVOLVING RACEHORSE

In a lot of cases the rider will escape without much more than bruises and injured pride.

In these cases though two riders suffered tetraplegia and one sustained severe brain injury the third case resulted in severe brain injury.

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Richard Brooks in our London Personal Injury team has recently settled a number of cases highlighting the risks taken by those working with horses. The cases involved the training of thoroughbred racehorses which, though it can be fantastically exciting and is an important part of society, involves significant risks like few other places of work. Thoroughbreds can – in particular circumstances – be very dangerous to riders and people working on foot.

Each case involved riders exercising their horses along with other horses in a so-called “string” of horses. In two cases the horses bucked from sheer excitement and the riders were thrown. In another case the horse suddenly changed direction whilst cantering and the rider fell to the ground.

It is an important feature of each case that insurers denied liability and compensation settlements

It is an important feature of each case that insurers denied liability and compensation settlements were reached before rehabilitation care and accommodation could be properly funded. In two cases settlement was delayed until just before trials to determine the question of legal liability.

were reached before rehabilitation care and accommodation could be properly funded. In two cases settlement was delayed until just before trials to determine the

Each client required private residential rehabilitation.

In that context Racing Welfare and Injured Jockeys Fund charities provided immediate and ongoing advice and signposting.

In each case funding will provide for suitable accommodation and significant requirements for professional care. Ultimately our clients received substantial lump sum payments.

question of legal liability.

In a lot of cases the rider will escape without much more than bruises and injured pride. In these cases though two riders suffered tetraplegia and the third case resulted in severe brain injury.

Each case has similar features with the need to consider accommodation needs upon discharge from lengthy hospital admissions and without any early payment of compensation.

RICHARD BROOKS Partner, Personal Injury Royds Withy King

5

NEWS

RECENT SUCCESSFUL CLAIMS

Liability was denied throughout by the foreign insurer representing the defendant, despite the fact the driver was over the legal alcohol limit. The case was highly complex both in respect of the claimant’s needs and the elements of foreign law.

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£350,000 SETTLEMENT FOR HOLIDAYMAKER WHO SUFFERED LIFE-CHANGING BRAIN INJURY WHILST ABROAD Ian Carrier, assisted by Mark Walters, both in our Oxford Personal Injury team, represented a British holidaymaker who was on a golfing holiday in Portugal when he was run down by a motorist whilst attempting to cross the road. Our client sustained a serious traumatic brain injury and was unable to continue working as a publican and had to sell his business.

The case was subject to Portuguese law, in relation to both liability and damages. Liability was denied throughout by the foreign insurer representing the defendant, despite the fact the driver was over the legal alcohol limit. The case was highly complex both in respect of the claimant’s needs and the elements of foreign law.

Leveraging our expansive network, we obtained expert evidence from ten medical and non-medical experts as the proceedings continued. The team’s expertise in foreign claims helped navigate the complex cross-border issues in the claim, ensuring a direct right of action was pursued against the Portuguese insurer via High Court proceedings in England. We were assisted throughout by a Portuguese legal expert and a leading barrister in the field of foreign jurisdiction work.

Following a hard-fought dispute, the defendant agreed to a lump sum award in accordance with damages in Portugal of over ÂŁ350,000. While a very successful outcome in the circumstances, the figure was below what the claimant could have expected to achieve had the accident occurred in England.

Building a team around the client, our property, private client, and compensation protection teams worked closely with the litigation team to assist the claimant and his wife with their future needs

As a result of his brain injury, the claimant was deemed to lack capacity to manage a large sum of money, but was clear in his wish to appoint his wife to administer his finances. Following expert assessment, he was considered to have capacity to appoint his wife as is done under a Lasting Power of Attorney, permitting her to manage his finances with only light touch regulation given the sums involved.

Building a team around the client, our Property, Private Client, and Compensation Protection teams worked closely with the litigation team to assist the claimant and his wife with their future needs, successfully arranging the sale of residential property and setting up a personal injury compensation trust to protect his means tested benefits and help secure his long-term independence.

Following a hard-fought dispute, the defendant agreed to a lump sum award in accordance with damages in Portugal of over ÂŁ350,000

IAN CARRIER Partner, Personal Injury Royds Withy King

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FAMILY ADVICE

AHEAD TOGETHER 2021

Taking place as a virtual conference on 21 January 2021, Ahead Together 2 will build on the powerful collaboration between family members and brain injury professionals witnessed in our inaugural conference in 2019 by offering clinical, legal, research and deeply personal perspectives on family identity in the context of acquired brain injury.

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SUPPORTING FAMILY IDENTITY AFTER ACQUIRED BRAIN INJURY Survivors of acquired brain injury experience a multitude of devastating losses, with perhaps none more profound and complex than the loss of identity – the sense of having lost something of oneself.

It is difficult to imagine how it might be to experience the essence or core of oneself, one’s life story, purpose and meaning to have suddenly changed, but this is an all too common consequence of brain injury, leaving survivors to forge a path through grief, adjustment, adaptation and realignment to a “new normal”.

Research has shown that changes in self-identity are associated with poorer rehabilitation outcomes and higher rates of emotional problems for brain injury survivors and suggests that identity-focused work should form a core part of neuro-rehabilitation interventions. But what of family identity in the wake of a brain injury? How do family members experience

changes in their individual and collective identities following brain injury in a relative? What processes of identity reconstruction do families experience and are brain injury services supporting this?

THE IMPACT OF BRAIN INJURY ON FAMILIES Acquired brain injury is often likened to throwing a pebble into water, its effect rippling out far beyond its initial impact on the survivor and affecting, sometimes immeasurably, the lives of all of those close to them. A striking feature of family members’ stories of brain injury is the shared experience of the abrupt and distressing disruption of the family story, of family discontinuity, lost family values and plans and uncertain futures, all brought about by the injury.

Families narratives are laden with moving accounts of complex and profound losses, an often-unending grief, of estrangement from both the survivor (who is often dramatically altered by the injury) and from everything that is “normal” about themselves. For many, family roles are lost and are assumed by others; lovers become carers, children acquire adult responsibilities and life is characterised by difference and change in the context of a brain injury that has seemingly ambushed the lives of the family. Just as the survivor becomes defined by the brain injury, so too does the family, who must also navigate an unchartered course to maintain, recover or reconstruct their identity.

HOW DOES THIS CHANGE THE WAY BRAIN INJURY PROFESSIONALS WORK WITH FAMILIES? Brain injury professionals must, therefore, work within complex and sometimes unfamiliar legal, organisational and psycho-social frameworks whilst remaining sensitive and responsive to the factors (such as ethnicity, culture, sexual orientation, spirituality) that contextualise family and individual identity.

However, there has been little research into how families experience and move through the process of identity change and reconstruction following brain injury, and correspondingly little guidance for professionals on how to support and respond to family identity issues. The journey can therefore be challenging for all concerned.

HIGHLIGHTING THE ISSUES To highlight this knowledge gap, Royds Withy King are pleased to announce that our forthcoming conference – Ahead Together 2 – will focus specifically on family identity following brain injury.

Taking place as a virtual conference on 21 January 2021, Ahead Together 2 will build on the powerful collaboration between family members and brain injury professionals witnessed in our inaugural conference in 2019 by offering clinical, legal, research and deeply personal perspectives on family identity in the context of acquired brain injury.

Professionals and family members will share rich and varied accounts of how brain injury impacts on different aspects of family identity, with a special focus on parental identity; examples of identity-focused practice across clinical, legal and research contexts will be shared.

The keynote presentation will be delivered by Lemn Sissay, MBE – poet, Chancellor of Manchester University and author of the recently published book “My Name is Why”. Lemn will share his powerful story of his own search for identity and his reflections on what family means to him.

Ahead Together 2 promises to be a moving and compelling event – raising awareness of the impact of brain injury on family identity, roles and relationships and sharing latest research and best practice with those working in the field. The conference will be essential for the continued development of any professional working with clients with acquired brain injury and their family members.

DR AUDREY DAISLEY Consultant Clinical Psychologist at the Oxford Centre for Enablement

9

POSTSETTLEMENT LEGAL ADVICE

STATUTORY WILLS: WHAT ARE THEY AND SHOULD THEY BE ON YOUR RADAR?

The Court of Protection has the power to decide whether to allow a Will to be made on behalf of someone who otherwise lacks the necessary mental capacity to make one themselves. Such a Will is often referred to as a statutory Will.

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The Court of Protection (“COP”) is responsible for making a variety of decisions on behalf of those who lack capacity. As part of its jurisdiction, the COP has the power to decide whether to allow a Will to be made on behalf of someone who otherwise lacks the necessary mental capacity to make one themselves (“P”). Such a Will is often referred to as a “statutory Will”.

Even where P already has a COP appointed Property and Finance Deputy, there is a need for the express direction and permission of the COP to execute a Will for P. Furthermore, an application can only be made on behalf of someone who is aged 18 or over.

CAPACITY – WHY IT’S IMPORTANT

When Damian was 15, he was awarded a lump sum of £3 million, plus annual periodical payments.

TO ILLUSTRATE WHEN AND WHY STATUTORY WILLS CAN BE IMPORTANT, TAKE THE EXAMPLE OF DAMIAN: Damian suffered an injury at birth and has recently turned 21. Damian’s mother brought clinical negligence proceedings on his behalf when he was a child. When Damian was 15, he was awarded a lump sum of £3 million, plus annual periodical payments.

Damian requires 24-hour care, has a life expectancy of 40, but recently was hospitalised and, whilst he has subsequently been discharged, his recovery was not guaranteed. Damian has a professional Finance Deputy and has been assessed as lacking testamentary capacity. Damian has not got a Will.

Here, it is important to note that Damian has been assessed as specifically lacking testamentary capacity (the capacity to make a Will).

Capacity is time- and decision-specific and there is a specific legal test for testamentary capacity.

Part of any statutory Will application must include evidence that the person specifically lacks testamentary capacity, notwithstanding that they may also lack capacity to make other decisions. Therefore, separate testamentary capacity assessments will be needed as part of any application process.

Damian’s parents divorced when Damian was five years old. Since then Damian’s father has only ever had minimal contact with him. Damian’s mother was his primary carer from birth and even after the settlement continues to care for him, albeit supported by paid carers. Damian also has two siblings with whom he continues to live in a family home purchased with his settlement monies.

As Damian does not currently have a Will and does not have the capacity to make one, if he dies now, his estate would be divided equally between his parents under the rules of intestacy.

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The Court is most likely to approve the execution of a statutory Will where P has either not previously made a Will or where there has been a significant change in their circumstances; such that, were they to have testamentary capacity, he or she might be expected to review his or her own arrangements. In our example, we know that Damian has not made a Will.

WHO NEEDS TO BE INVOLVED IN MAKING A STATUTORY WILL APPLICATION? If a statutory Will application was made for Damian, who would likely need to see the full application?

Those who would usually need to be involved in the application include any beneficiary under an existing Will (or codicil) who are likely to be materially or adversely affected by the application or, if P has no existing Will, any prospective beneficiary under P’s intestacy and any beneficiary under a proposed Will or codicil likely to be materially or adversely affected by the application. So here, one would expect to see both Damian’s parents and all his siblings included as potential respondents.

APPLYING THE ‘BEST INTEREST’ APPROVING AN APPLICATION

IN

If an application was made on Damian’s behalf, the COP’s approach is no longer one of ‘substituted judgment’ (i.e. what would Damian have done) but, instead, the overarching principle the COP must adopt when making any decision on behalf of Damian would be that it must be in Damian’s “best interests”.

The best interest test is an objective one, in relation to which the Court is effectively making a value judgment.

The COP must consider various points, including any past and present wishes and feelings which Damian may have been able to share. Here, the COP would also likely consider all the family dynamics and any impact they might/should have on the terms of any statutory will.

The best interest test is an objective one, in relation to which the Court is effectively making a value judgment.

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TEST

So, assuming there are sufficient and available funds to meet the cost of the application, Damian’s Deputy would be prudent and acting in Damian’s best interests to make a statutory Will application.

IN DAMIAN’S CASE THE REASONS FOR SUPPORTING HIS DEPUTY IN MAKING A STATUTORY WILL APPLICATION ARE THREEFOLD: 1. Firstly, if Damian were not disabled and had personal assets of several million pounds, professional advice would be to consider making a Will; 2. Secondly, here, given that Damian’s parents would inherit equally under intestacy and given the limited contact Damian has had with his father for the majority of his life, a Court might not find that arrangement to be in Damian’s best interests; 3. Thirdly, there are potential tax savings, in particular Inheritance Tax (“IHT”) savings, which could be addressed in a new Will. For example, it would likely be disadvantageous from an IHT perspective for Damian’s whole estate to pass to his parents (whether in equal or unequal parts). Here the provisions of a statutory Will could be made to, for example, redirect all or part of the estate to his siblings, thereby potentially avoiding a scenario whereby, before his siblings inherit, the inheritance suffers both a charge to IHT on Damian’s death and subsequently on the death of his parents.

SARA ISENBERG So, assuming there are sufficient and available funds to meet the cost of the application, Damian’s Deputy would be prudent and acting in Damian’s best interests to make a statutory will application.

Associate Royds Withy King

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INJURY AND EMPLOYMENT ADVICE

THE DIFFICULTIES OF EMPLOYING SUPPORT WORKERS DURING COVID-19

If your support workers are required to self-isolate then they will not be able to attend work and they will be on sick leave. They can provide an online isolation note to cover their absence, rather than the standard doctor’s fit note.

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If you employ support workers in your home, you will be trying to balance the risk of Covid-19 to your family with the responsibility you have as an employer to your support workers. I have been assisting our clients with various employment issues caused by Covid-19.

WHAT HAPPENS IF MY SUPPORT WORKERS NEED TO SELF-ISOLATE? Support workers will need to self-isolate if they meet the Government criteria. This includes if they have Covid-19 symptoms, if they’ve tested positive, if they live with someone who has symptoms or has tested positive, and if they’ve been told to through NHS Test and Trace.

If your support workers are required to self-isolate then they will not be able to attend work and they will be on sick leave. They can provide an online isolation note to cover their absence, rather than the standard doctor’s fit note.

If they are required to self-isolate, your support workers will be entitled to Statutory Sick Pay (“SSP”). SSP for self-isolation absences will need to be paid from the first day of absence but you can reclaim the SSP from the Government.

Ideally, any changes should be agreed with

HOW CAN I MANAGE CHANGING MY SUPPORT WORKERS’ WORKING PATTERN?

your employees. A lot

The pandemic may have led to some changes in your care requirements.

of employees have

For example, you may not have needed your support workers because your family was shielding, you may have needed to increase some support workers’ hours to cover absences, or you may have wanted to stop your support workers from working for other employers to reduce the risk of passing on the virus to your family.

agreed to changes in

Ideally, any changes should be agreed with your employees. A lot of employees have agreed to changes in their working hours or patterns or agreed not to work for other employers during the pandemic.

their working hours or patterns or agreed not to work for other employers during the pandemic.

Alternatively, your contract of employment with the support workers may give you flexibility to change their normal working hours, require them to work overtime, prevent them from working elsewhere or allow you to stop providing work on a temporary basis.

If your support workers are working longer hours than they were before then you should check that you have a Working Time Regulations optout agreement in place. This means that you don’t have to limit their working hours to an average of 48 per week.

If you can’t agree changes with your support worker and they’re not covered by the contract then we can assist with implementing them.

WHAT DO I DO IF I DON’T NEED MY SUPPORT WORKERS ANYMORE? If you didn’t need your support workers at the beginning of the pandemic, you may have made 15

use of the Coronavirus Job Retention Scheme. This meant you could ‘furlough’ your employees so they would still get paid 80% of their normal pay but wouldn’t carry out any work for you.

In July, the furlough scheme changed so that employees could carry out some work for their employers but still be furloughed for the rest of their normal working hours. The scheme has now closed to new employees who hadn’t previously been furloughed, so it’s too late to furlough your support workers for the first time. The furlough scheme will close completely on 31 October so it won’t be possible to recover any pay for employees who are not working after this date.

If you no longer require your support workers then you will need to consider making them redundant. You would need to follow a fair redundancy process and pay any statutory redundancy payments that are due. We can assist with this process.

HOW CAN I DEAL WITH HOLIDAY REQUESTS? As an employer, you can choose whether to accept or decline any holiday requests from your employees. You can also require your support workers to take holiday at a time that’s convenient for you, as long as you give enough notice.

If your support workers are not able to take all of their holiday this holiday year due to coronavirus, then they can carry this holiday forward to the next holiday year.

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HOW DO I MANAGE THE RISKS OF HAVING SUPPORT WORKERS IN MY HOME? Covid-19 poses a risk to everyone. As an employer, you’re required to assess the risk to your employees in the workplace and manage these risk levels. You will need to carry out a risk assessment to identify the main risks posed in the workplace and what can be done to manage them.

Your case manager will be able to assist with carrying out the risk assessment and suggesting measures that can be taken to reduce the risks. These measures may include use of PPE, provision of hand sanitiser and amending duties.

You will need to take extra precautions if any of your support workers are classed as high-risk and were required to shield, or are classed as vulnerable (i.e. over 70, pregnant or have an underlying health condition).

OLIVIA COLES Associate Royds Withy King

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BUILDING YOUR SUPPORT TEAM

THE ROLE OF AQUATIC THERAPY IN CHILDREN WITH BRAIN OR SPINAL INJURIES WHAT IS HYDROTHERAPY, AQUATIC THERAPY AND AQUATIC PHYSIOTHERAPY?

Water is a great motivator.

Therapy that is monotonous and repetitive becomes enjoyable and fun when undertaken in the water.

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The word ‘hydrotherapy’ comes from the Greek word hydor (water) and therapia (healing). Therapeutic uses of water have been available from as early as 2400 BC to the present day. However, it was not until the 1920s that exercise in water, as opposed to water immersion only, began to develop.

There is a distinct difference between aquatic physiotherapy (previously termed hydrotherapy) and aquatic therapy, which are: • aquatic physiotherapy can only be performed by a physiotherapist with additional skills and post graduate training/qualifications for working in the water; • aquatic therapy can be performed by anyone, and they don’t have to be a physiotherapist. Carers, family, educational staff and support workers can be trained to deliver aquatic physiotherapy programmes.

This weightlessness and ease of movement means it can be possible to stand and step in water unaided when you would otherwise require a walking aid or standing frame on land, or you might not be able to stand at all out of water.

WHAT IS THE DIFFERENCE BETWEEN A HYDROTHERAPY POOL AND ANY OTHER TYPE OF POOL? Hydrotherapy pools have an increased water temperature (usually between 34ºC and 36ºC) compared to leisure pools. They are used for therapy rather than swimming and are purpose built with fully accessible changing rooms and hoists into and out of the pool and changing rooms.

Your heart and lungs will work harder in a positive way because of the pressure of the water causing the blood to be returned more quickly to the heart and being stimulated to take a deeper breath. The effect is similar to if you were exercising.

At this depth you will also experience greater weightlessness than if the water was only at chest or hip level. The buoyant force (apparent weightlessness) reduces the weight going through weight-bearing joints (ankles, knees, hips and the spine) and causes traction (helps reduce pain). In addition, immersion in heated water leads to a release of endorphins – hormones that reduce pain.

This weightlessness and ease of movement means it can be possible to stand and step in water unaided when you would otherwise require a walking aid or standing frame on land, or you might not be able to stand at all out of water. It helps with rehabilitation.

Furthermore, buoyancy can act as a support to your body helping you to relax, or your muscles to be less tense (spasticity), the effect being even greater when the water is heated. Buoyancy can also be used to help you move; you don’t have to lift your limbs or body against gravity, and if you are in the

WHAT ARE THE BENEFITS OF HYDROTHERAPY, ESPECIALLY FOR CHILDREN AND YOUNG PEOPLE WITH BRAIN INJURIES, INCLUDING CEREBRAL PALSY AND SPINAL CORD INJURY? Water is a great motivator. Therapy that is monotonous and repetitive becomes enjoyable and fun when undertaken in the water. Children and carers can gain confidence and trust with their therapist. It may be the only environment in which they can be on an equal footing and play with their siblings or more able bodied peers, and it enables bonding with your carer or family and skin on skin contact. This can be so important for families who may not be able to handle a child or young person out of the water due to the manual handling, or because of their own health (bad backs, arthritic joints etc).

If you are stood, or supported to stand or be upright with water up to your neck you will also experience a ‘physiological’ response that does not occur on land.

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correct anatomical position buoyancy can cause the movement to happen with very little effort from you. This is important if you have muscle spasticity or dystonia, because out of water physical effort increases muscle tone and it is then more difficult to move.

Water is a very unstable environment though and we don’t have to move very much to lose balance.

Fortunately there are lots of techniques that can be used to work on balance, trunk, and head control and stability in a way that simply is not possible on land, or causes so much effort that you become fatigued very quickly or your muscle tone increases.

A physiotherapist will use a range of techniques in the water such as Foundation principles, Watsu® Aquaepps® Halliwick Modified PNF, Aquastretch, Tai Chi and many others.

Some benefits require actual aquatic physiotherapy from an experienced aquatic physiotherapist, others can be achieved by a carer or family member trained by a physiotherapist.

BENEFITS INCLUDE: • complete freedom of movement in an unencumbered environment. For some children and young people this is the only environment in which they experience their only independent movement without being strapped into equipment 20

• empowerment, choosing where to move to or from, diving under the water or just chilling out on the surface • reduced muscle tone and relaxation leading to reduced muscle cramps, night pain, disturbed sleep, and improved feeling of wellbeing. Also makes movement and stretches easier as muscles are less tense • reduced stress and anxiety • increased mobility and flexibility • unencumbered environment so less manual handling for carers and families if your child or young person has complex needs • improved circulation and skin integrity as long as pool is heated • a sensory environment that enhances positive behaviours and responses, reduces self-harming and unwanted behaviours in some situations and if access is sufficiently frequent • reduced effort required to initiate and continue movement, aids flexibility and mobility • increased balance responses and abilities in all positions • increased breath control – did you know that some children and young people who are at risk of aspiration (choking if they swallow fluids etc.) have

learnt to dive under the water and even swim?

Some benefits require actual

• increased coordination of breathing with physical activity

aquatic physiotherapy from

• increased muscle strength and power, exercise tolerance, stamina and fitness without damaging vulnerable joints

an experienced aquatic

• improved cardio functioning

be achieved by a carer or

vascular

and

respiratory

physiotherapist, others can

• increased head and trunk control and strength

family member trained by a

• increased proximal control and distal function (fine motor control)

physiotherapist.

• aid for gait re-education (walking pattern) • the ability to learn tasks initially not possible on land such as side stepping, climbing or descending steps, getting up and down from the floor, sitting unaided, rolling over etc • aid for motor development

function

and

gross

motor

• learning to swim or propel in water • making therapy FUN! Did you also know that, with the correctly trained staff, hydrotherapy can be accessed even if an individual has a tracheostomy or is on a ventilator?

WHAT ABOUT COVID – SHOULD POOLS BE OPEN, IS IT SAFE? The Aquatic Therapy Association of Chartered Physiotherapists (ATACP), Chartered Society of Physiotherapy (CSP) and Pool Water Treatment Advisory Group (PWTAG) have taken advice from Public Health England and have devised very specific guidelines and standards that follow government guidelines. These are different to the guidelines for swimming pools in leisure centres, and recognise that hydrotherapy pools are for therapy and are used by a vulnerable population. Chlorine in the water is carefully monitored and pool area disinfection is very high due to the nature of hydrotherapy pools.

WHERE CAN YOU ACCESS HYDROTHERAPY? Hydrotherapy can be accessed by some NHS services.

Paediatric physiotherapists often use pools in special schools. If you qualify to use a hospice they often have pools available as well. Some special schools, hospitals and hospices hire out their pools. There are a few pools now becoming available for public use and leisure pools are becoming more accessible, although they are often too cold for children and young people with limited movements or poor circulation and the noise can be a barrier.

Lymden Hydrotherapy and Physiotherapy (LHAP) has a purpose-built hydrotherapy pool designed

by Dr Heather Epps, leading and expert aquatic neurophysiotherapist with fully accessible changing rooms, pool and physiotherapy gym opening in January 2021 in Surrey. LHAP will be hiring out their pool, running small group and training sessions for families and carers, and intensive rehabilitation blocks consisting of daily gym and hydrotherapy sessions with their physiotherapy team.

For more details or to register your interest contact Mark at mark@lhap.co.uk

DR HEATHER EPPS, ATACP (Aquatic Therapy Association of Chartered Physiotherapists) accredited physiotherapist

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CHARITY SPOTLIGHT

APPOINTED SPINAL INJURIES ASSOCIATION (SIA) TRUSTED LEGAL PARTNER

ROYDS WITHY KING APPOINTED SPINAL INJURIES ASSOCIATION (SIA) TRUSTED LEGAL PARTNER

For me it’s all about securing settlements that enable my clients to achieve maximum independence and quality of life, now and in the future, regardless of the severity of their injury.

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I never cease to be impressed by how positive and spirited my clients are, often in the face of extreme adversity. For me it’s all about securing settlements that enable my clients to achieve maximum independence and quality of life, now and in the future, regardless of the severity of their injury. As such I’m proud that Royds Withy King has been a long-term supporter and advocate of the Spinal Injuries Association (SIA), as we share its mission to help all people affected by spinal cord injury achieve a fulfilled life.

We are therefore happy to have recently been chosen

by SIA to partner with them on their journey to creating a decentralised support network for all spinal cord injured people.

Through a national team of region-based Support Network Officers and communitybased volunteers, SIA provides information, advocacy and

SIA also provides a wealth of invaluable information via its website www.spinal.co.uk and its flagship membership magazine “FORWARD�.

We very much look forward to working in partnership with SIA and its team of Support Network Officers over the coming year; in particular delivering on our mutual mission of helping all people affected by spinal cord injury achieve a fulfilled life.

support to those affected by spinal cord injury.

A large part of our role as Trusted Legal Partner is to ensure that spinal cord injured people, as well as their families and healthcare professionals, have access to the legal advice and support they need.

The partnership also provides an opportunity for us to work together and share our respective knowledge and expertise, for example, through training activities.

As part of a team that works closely with spinal cord injured people, I am aware of the often complex issues that they face and the importance of being able to access specialist advice and services. Through a national team of region-based Support Network Officers and community-based volunteers, SIA provides information, advocacy and support to those affected by spinal cord injury.

In particular, there is a focus on supporting newly injured people being treated in non-specialist settings, providing prompt and essential support to those who are at risk of not accessing the help they need from other providers. Other SIA services include an SCI Nurse Specialist Service, an Advice and Advocacy Service and a Telephone Counselling service.

IAN CARRIER Partner, Personal Injury Royds Withy King

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SPECIALISTS IN THEIR FIELD

HOW A DEPUTY CAN BEST WORK ALONGSIDE A SOLICITOR

The deputy will manage the interim payments that are

HOW A DEPUTY CAN BEST WORK ALONGSIDE A SOLICITOR DURING ONGOING LITIGATION: PRACTICAL TIPS Going through a claim to obtain compensation for an injury is a stressful time for a client and their family.

process. This involves paying

Often, during a litigation claim for a serious injury a deputy is appointed by the Court of Protection to manage a client’s finances, as they do not have the capacity to do this themselves because of their injury.

invoices for care, case

THE DEPUTY’S ROLE

received during the litigation

management, therapy etc. and approving purchases such as equipment.

The deputy will manage the interim payments that are received during the litigation process. This involves paying invoices for care, case management, therapy etc. and approving purchases such as equipment.

The deputy may also need to deal with rental payments and/or house purchases and adaptations if a client needs to move to more suitable accommodation.

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WORKING TOGETHER WITH A SOLICITOR DURING LITIGATION Working collaboratively with the solicitor involved in the litigation can help ensure a client’s needs are met as effectively as possible. The solicitor’s goal is to ensure the client receives all the compensation that they are entitled to as a result of their injury, and the process of doing this involves gathering evidence of the needs that client has now, and will have in the future.

The deputy can greatly assist in providing this evidence by working closely with the client, their family and the multi-disciplinary team made up of carers, case managers and therapists. The evidence needed will be formed both of financial records and evidence of where therapeutic input, support and equipment is beneficial to a client, and at times, where it is not.

Working collaboratively with the solicitor involved in the litigation can help ensure a client’s needs are met as effectively as possible. The solicitor’s goal is to ensure the client receives all the compensation that they are entitled to as a result of their injury.

In order for there to be a smooth working relationship, the key, as in most other relationships, is good communication between the solicitor and the deputy. At the outset of the working relationship it is important to establish what is required.

From a deputy’s perspective, this means understanding the format of financial records that are required and how frequently the solicitor requires updates to be sent. It is usual for a deputy to prepare Excel spreadsheets that set out expenditure in line with the headings in a schedule of loss, which allows information to be easily found by a litigation solicitor.

The deputy will then regularly maintain these schedules and the supporting evidence such as invoices and receipts for the payments made.

In addition, the deputy will usually be responsible for the contractual relationships with the case managers, therapists and often directly employ carers. As deputy, it is therefore important to discuss with the solicitor what information and reports they require and how regularly. The process can be simplified by asking case managers and therapists to send copies of reports to the litigation solicitor at the same time as the deputy. Alternatively a regular 25

update can be sent to the solicitor at an agreed interval containing these reports and any other appropriate information.

THE KEY THINGS TO CONSIDER AS A DEPUTY As a deputy, one of the most important things to understand is the length of time a litigation solicitor needs to request a further interim payment. As the deputy does the budgeting and makes the decisions on how funds are spent, this will enable the solicitor to ensure the deputy can plan in advance and notify the solicitor of when additional funds will be needed.

As a deputy, it is also important to be aware of key dates that arise in the litigation process as these will often have an impact on clients and their families and the stress they are feeling.

As a part of the team around the client, a deputy can then work with others in the team to reduce pressures during these times and allow clients and their families to focus on the litigation.

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As deputy, it is therefore important to discuss with the solicitor what information and reports they require and how regularly. The process can be simplified by asking case managers and therapists to send copies of reports to the litigation solicitor at the same time as the deputy.

As deputy, financial decisions are made on the basis of the client’s best interests at that moment in time, and occasionally at first glance there can be a conflict with the litigation case as to which course of action may be the best one to take. This therefore highlights the importance of building strong lines of communication with the litigation solicitor. Through discussions and better understanding, often this perceived conflict can be overcome or relevant information gathered that can support why a course of action is not suitable for a client.

Finally, both during and at the conclusion of the claim it is important for the deputy to ensure they have gathered all the relevant information and documents form the litigation solicitor which may be needed by

the deputy in the future. This will include documents such as expert reports, the schedule of loss, counsel’s advice on settlement and a copy of the final settlement order from the court. These documents will assist the deputy in managing the compensation award in the future.

MARIA MEEK Partner Royds Withy King

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YOUR COMPENSATION

MANAGING INVESTMENTS FOR DAMAGES AWARDS THROUGH A GLOBAL CRISIS

The UK market, which has more ‘old economy’ companies and still has Brexit on the horizon, has lagged behind and is still a long way short of its preCovid values.

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Stock markets have been incredibly volatile this year as the impact of Covid-19 has escalated, leading to investors becoming concerned that this could lead to a prolonged global economic crisis. It’s no wonder that investors are worried as market falls of 5% or more in a day were almost commonplace in February and March, leading to many people facing significant falls in their investment portfolios.

Stock markets have bounced back since 23 March, led by the US market, although this has been driven by only a handful of technology stocks. In contrast, the UK market, which has more ‘old economy’ companies and still has Brexit on the horizon, has lagged behind and is still a long way short of its pre-Covid values.

Whilst some personal Injury or clinical negligence settlements receive regular income from periodical payments, the worry over investment returns can be heightened when you have received a once and for all lump sum that is expected to provide for your needs throughout your lifetime.

However, the same principles for investing from before the pandemic apply because, at times like these when markets are volatile and there is uncertainty ahead, that investors need to stay rational. Too many people make investment decisions based on shortterm performance or sentiment, meaning they often buy at a high price after stock markets have already performed well and sell at a low price when markets have fallen. This leaves them with an unpleasant and costly experience.

Those managing investments are likely to achieve better long-term returns and ride through the difficult times by adopting a long-term strategy and sticking to it without being distracted by short-term noise.

When investing damages awards it is often the case that there is a sufficient cash contingency set aside to provide for a couple of years’ worth of expenditure and this gives markets time to recover.

In addition, it is really important that the investments are properly diversified. This will mean investing in other asset classes such as fixed interest, absolute return and cash alongside shares. It is this diversification which provides a degree of protection in portfolios; for example gold is an asset that has shown healthy returns over recent months.

Those managing investments are likely to achieve better long-term returns and ride through the difficult times by adopting a long-term strategy and sticking to it without being distracted by short-term noise.

Investments can go down as well as up and you may not get back the amount you invested.

The content within this article is for information only and does not constitute advice.

SHERALEE ELLIS For many people the decisions they make with their investments are too important to get wrong and this is why good quality independent financial advice can be invaluable.

Financial Advisor

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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.

Specialist 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.