NHS Early Notification Scheme

The NHS Early Notification Scheme (ENS) investigates serious brain injuries that happen to children at birth. Its aim is to speed up the investigation of these incidents and give families answers as soon as possible after serious injuries.

If you’ve been referred to the ENS or want to appeal a decision by the NHS, our solicitors can give you independent legal advice to help you understand the process.

Once the investigation is over, we’ll help you get the financial support you need to manage your child’s medical and care needs. We’ll work out how much your child’s lifetime care will cost, and negotiate with the NHS to make sure any settlement covers these costs.

Our Public Law team can make sure your child’s rights are respected and you can access community care and any other public services you need. Our client liaisons will put you in touch with charities, rehabilitation specialists, and other organisations who can help.

If you’d like to discuss your situation with us, call us today. You can also contact us online and we'll get back to you as soon as possible.

The information on this page relates to the law in England and Wales.

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

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NHS Early Notification Scheme - more information

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Frequently asked questions

What Type Of Injuries Are Investigated?

Injuries investigated are:

1. A diagnosis of Grade 3 Hypoxic Ischaemic Encephalopathy (HIE) – when the brain doesn’t get enough oxygen and blood flow for a period of time.

2. Babies who are therapeutically cooled through active cooling – this is a procedure that helps prevent HIE by cooling the baby’s temperature down to 33 degrees Celsius.

3. A baby is born with hypotonia, is comatose or has seizures at birth – hypotonia means that babies are born with a decreased muscle tone and can sometimes be ‘floppy’ when they’re born.

From 1 April 2022, NHS Resolution will only investigate “Babies who have an abnormal MRI scan where there is evidence of changes in relation to intrapartum hypoxic ischaemic encephalopathy (HIE)”

These conditions often lead to a diagnosis of cerebral palsy which is the most common severe birth injury. Symptoms of cerebral palsy vary from child to child and can include:

Problems with movement and coordination such as clumsy, uncontrolled or random movements
Delays in physical and mental development
The body seeming too stiff or too floppy
Weak arms or legs.

What can compensation under the Early Notification Scheme pay for?

If you receive compensation through the NHS Scheme, you can use it to pay for any care and support your child needs. This could include:

Specialist therapies and treatments – your child may need therapy for most of their life to help them with any physical or mental disabilities that could come with a brain injury
Carers or aids to help them – carers can be vital in sharing some of the caring responsibilities involved with a brain injury and allow parents to have a break from care duties
Specialist equipment they may need – your child may need equipment like a wheelchair or crutches to help them get around if they have any physical impairments.
Adaptions to your home – making it easier for your child to move around your home can help your child feel more confident and comfortable.

What can I do if the ENS rejects my application?

If the ENS rejected your case because your child’s injury doesn’t fall into the right category (for example if there is no evidence of injury on an MRI brain scan), we could still help you appeal or make a birth injury claim.

We’ll thoroughly investigate your situation to see if your child received sub-standard medical care. We’ll also get a medical expert to examine your medical records. They’ll give us a detailed report on what happened and if they think your child should have received better care.

If you’d like to discuss your situation, call us or fill out our online form and we’ll call you back.

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