Don is a 67 year old retired brick layer who was involved in a road traffic collision in September 2008 when he sustained a severe brain injury and orthopaedic injuries. He has no recollection of the accident. Don was crossing a dual carriageway with a group of friends when he was struck by a vehicle travelling in the outside lane. The driver of the vehicle was prosecuted but this was withdrawn, and liability for his injuries is contested by the other party. Don’s family had contacted a solicitor for representation in a damages claim but one year post injury, they became despondent with the services offered and transferred to Irwin Mitchell in November 2009. The case was referred to Maria Walker, our client liaison manager for North West England in July 2010.
Don had been discharged home in December 2008 and he continued to live at home with his wife. Following discharge from hospital, Don had been offered a minimal amount of help from statutory services. Don was struggling with psychological and physical difficulties and although his wife was extremely supportive, she was finding it difficult to cope. Don’s main problems relating to his brain injury are memory difficulties as he forgets everything, extreme agitation, demonstrating inappropriate child like behaviour and he becomes very outspoken at times.
Don had been referred to an occupational therapist who visited him every 2-3 weeks but her time was limited. She had encouraged Don to take an interest in pottery and she was assisting Don to cope with issues of self confidence and memory problems. Don had started pottery classes as part of his rehabilitation but because the pottery course cost him £40 per session, he had to give this up for financial reasons.
Don had been referred to a Neuropsychologist but unfortunately, he closed his practice because he moved to the South of England and Don was left without support.
Once referred to our client liaison team, arrangements were made to undertake an in-house Immediate Needs Assessment.
Don had been assessed by social services and they had offered buddy support for two hours per week, employed from family based care. The support worker provided by social services was not allowed to travel outside a 10 mile radius hence support consisted of taking Don into town for a cup of coffee or playing cards with him at home. A financial assessment had been undertaken at this time and because Don and his wife were in receipt of pensions, they had to make a weekly contribution. Don could not afford to make these payments and his support had been discontinued. Don had not been reviewed by a social worker for approximately nine months.
Our client liaison manager, Maria discovered that direct payments had been awarded to Don in September 2009 - nine months previously. However, his social worker had gone off on leave and had not transferred his case to a colleague; hence Don had become lost in the system and the direct payments which he had been entitled to had not been set up. The only income he received was his pension and Attendance Allowance. He had not received any interim payments from his claim because of the liability dispute and finances were a major concern for Don and his wife. A brain injury case manager could not be appointed as there were no funds available from the claim.
An urgent meeting was arranged by our client liaison manager with social services and a reassessment for direct payments to employ buddy support was undertaken. Social services agreed to back pay the direct payments owed to Don. Our client liaison manager needed to secure a way to set up buddy support as soon as possible. Following further liaison with social services, it was agreed that they would provide an enablement service to go in and provide support for a six week period free of charge, whilst direct payments were being set up. This is currently in progress and Don has received three weeks of full time buddy support which has enabled his wife to have some respite care. Maria has assisted Don’s wife to set some goals as part of his rehabilitation package. A further financial assessment has been requested and a carer’s assessment also requested for Don’s wife.
Our client liaison manager continued to find the best way to employ buddy support for Don. She has found a buddy worker to work with Don once the enablement service discontinues so that he gets continual support. Maria proceeded to liaise with the Court of Protection for help to employ a buddy worker for Don and has set up meetings with the Court of Protection and Don’s legal team; and currently a contract to employ a support worker is being drawn up. This has relieved the stress for Don’s wife as she does not have to take responsibility for employing Don’s support worker. Social services had also insisted that Don had opened a bank account in his name, which our client liaison manger has assisted to close because Don does not have the capacity to handle his own finances.
The assistance that the client liaison manager has been able to give to Don and his wife has been invaluable. Maria advised Don’s wife to claim a council tax refund because of the nature of Don’s injuries, which she has now received. Don has also commenced pottery classes locally free of charge as he is in receipt of benefits. Don has recently been referred to a neuro-psychiatrist by his GP. Don’s wife is much relieved by this additional support and guidance and she has joined a group for respite care whereby she can go out on trips and attend relaxation treatments.
Without intervention from Maria, Don and his wife would have continued to endure severe psychological and financial hardship. Don still has a long way to progress in his rehabilitation to encourage him to live more independently and reintegrate socially but this can be achieved through a well supported rehabilitation package which will continue to be instigated and overseen by our client liaison manager.