A brain injured child has received a payment to help with her care and to assist her family to tackle education issues.
Alice, now aged 6, was the victim of non-accidental injuries at the hands of her natural mother when she was just 4 weeks old. As a result of her assault, she suffered a serious brain injury. Her injury has led to a range of ongoing symptoms, including learning difficulties, developmental delay, some minor physical problems and significant behavioural issues.
Alice is now living with her adoptive parents in Doncaster. Kate Petchey of Irwin Mitchell’s specialist children’s brain injury team is helping Alice make an application to the Criminal Injuries Compensation Authority (CICA), and a final decision on the case is awaited. It is likely that Alice will be entitled to the maximum award available under the CICA scheme, of £500,000.
In the meantime, Kate has secured an early interim payment to help provide additional care to Alice to give her parents some respite.
Alice is currently a pupil at a mainstream school, but her parents are concerned her special needs are not being adequately met, and that she is not receiving the additional support she needs to get the best out of her schooling. They are keen for her to have a formal Statement of Special Educational Needs and to get the Local Education Authority to agree to a transfer to a special school in the locality. Until recently, their requests have been refused.
Some of the interim funds are therefore being used to help challenge the Local Education Authority’s decision. The dedicated Education Law team at Irwin Mitchell are involved in challenging the stance of the Local Authority to try and get Alice the help she needs, pending the outcome of her claim. As a result of the intervention of the Education Team, the Local Authority has recently agreed to the Statement she so desperately needs.
Alice's parents are benefiting from the support available from Irwin Mitchell's many different teams, which is crucial in keeping Alice properly supported whilst they wait for the final decision of the CICA.
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