The Early Notification Scheme Survey

The Early Notification Scheme (ENS) was set up by NHS Resolution in 2017 to investigate whether medical negligence caused certain brain injuries in newborns.

Not all birth injury cases are covered by the ENS. The ENS will only investigate cases where a baby is born at term (37weeks+) and is diagnosed with a severe brain injury. If you have received a letter advising you meet the ENS criteria, you have three months to decide whether to consent to the process.

According to a Freedom of Information request conducted by patient safety charity AvMA in October 2022, between April 2017 and March 2022, 2,711 matters referred to NHS Resolution met the criteria for ENS investigation.

Of the 2,711 matters investigated by the ENS, in 296 cases no compensation was paid despite the NHS admitting sub-standard care.

The NHS says it takes approximately 18 months from birth to receive an admission of liability on cases investigated by the ENS.

NHS Resolution is the NHS’s representative – they are not independent. Injured patients are entitled to obtain their own independent legal advice.

Of the 2,711 cases matters investigated by the ENS, in 296 cases no compensation was received despite the NHS admitting sub-standard care.

Assessing a brain injured child’s condition and their long-term needs is complex. Independent legal advice from specialist solicitors can ensure a child receives the compensation they need for the rest of their life.

The ENS concluded that there was no breach of duty and no negligence in 1,456 cases (54%). NHS Resolution don’t know if any of these families had legal representation.

You are entitled to seek independent legal advice at any point, you do not have to wait for NHS Resolution to complete their ENS investigation.

There may still be a valid medical negligence claim, even if NHS Resolution say there was no negligence.

Of the 2,711 cases which met the criteria for ENS investigation, 49 families received interim payments of compensation (1.8%).

Under the ENS scheme, there is no oversight from an independent body to ensure any settlement will meet the child’s needs. Panel solicitors appointed by NHS Resolution decide what level of compensation should be awarded.

According to the FOI request conducted by patient safety charity AvMA between April 2017 and March 2022 of the 2,711 cases which met the criteria for ENS investigation, there were 100 full admissions of liability (only 2.7%) and of those 100 cases, 74 of the families sought independent legal representation.

The NHS says it takes approximately 18 months from birth to receive an admission of liability on cases in the Early Notification Scheme.

Brain injuries are incredibly complex. It can be very difficult to accurately assess the full extent of a child’s injury, how it will impact their life and what the child’s care, therapy, education, housing and equipment needs will be. Usually it is not possible until the child reaches adolescence or, in some cases, early adulthood.

At BBK we run an ENS legal clinic where our specialist solicitors are on hand to answer any questions you might have about the ENS. The clinic is free to access, strictly confidential and poses no further obligation on those who use it.

In a civil claim (unlike ENS claims), a child's compensation must be approved by the Court. This provides a vital layer of protection as a judge will have to be satisfied it will meet the child’s needs for life, before approving it.

Your child may still have a valid medical negligence claim, in the civil courts, even if they can't be compensated through the ENS. You should contact a specialist solicitor for advice.

You are entitled to seek independent legal advice at any point, you do not have to wait for NHS Resolution to complete their ENS investigation.

NHS Resolution is the NHS’s representative – they are not independent. Injured patients are entitled to obtain their own independent legal advice.

The NHS pays out millions of pounds in compensation every year in response to claims made against them for clinical negligence. Obstetric claims, i.e., cases where there have been failings in the care provided to mothers and babies during pregnancy and labour, including claims for brain injured babies, account for 50% of the total value of all new claims reported.