Winter
2018
expert hand, human touch
TURNINGP INT Everyone has a story Meet Issy, a special sporting talent
Top marks A new GCSE in sign language
In this edition PAGE
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06
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TURNINGPOINT Winter 2018
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04
06
10
A sign of things to come
Everyone has a story
Time for change
Daniel’s campaign to get a new GSCE introduced.
Meet our incredible clients who love sport.
A renewed focus on acquired brain injury.
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Our calendar
Sepsis - stay switched on
Asbestos treatments
Events and awareness days we’re looking forward to.
Stan explains why you have to be switched on.
The changing nature of asbestos treatments.
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Charity rule changes
Music to our ears
Granted, they are incredible
Are you prepared for the new rules?
A UK first for neurological music therapy.
Meet four inclusive sport enthusiasts.
Hello and welcome to
TURNINGP INT Everyone has a turning point at some time in their life and it’s our aim to be there, on hand to help whenever we are needed, with our expert hand and human touch. By providing the services we do, we meet the most incredible clients, charities and support groups and a wide range of dedicated professionals that provide us with moments that really do live long in the memory. This magazine is our opportunity to share some of these, showcasing the expertise and the journeys we see and help to support. Our cover star Issy was a young teenager, excelling in her studies and performing heroics on the hockey pitch, when she was involved in a road traffic collision. She was paralysed with a spinal cord injury and suddenly had to start learning how to use a knife and fork again. Just three years later the look of excitement on Issy’s face paints a new picture, as she plays wheelchair basketball, one of two disability sports that she admits she couldn’t live without. Read her story on page 6. The ‘Time For Change’ report is the culmination of a major piece of work by the All Party Parliamentary Group on acquired brain injury. We were pleased to be able to support the production of the publication and you can see how it points to a brighter future on page 10. Elsewhere in this edition we remind our readers about the importance of staying switched on when it comes to sepsis and we meet a young man who has forced a government u-turn to introduce a sign language GCSE. If you have any feedback then we’d love to hear from you at
Stuart Henderson Managing partner of personal injury
turningpoint@irwinmitchell.com
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Daniel Jillings
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TURNINGP INT Winter 2018
A sign of
things to come
Perseverance is key to one boy’s campaign to get a new qualification introduced. Daniel Jillings, of Lowestoft, Suffolk, asked the government to introduce a sign language qualification but was told that no new GCSEs would be introduced this parliament. Feeling that he wasn’t getting the support he needed, the 12-year-old, along with his mum Ann, got in touch with our Public Law and Human Rights team. After highlighting the issue, ministers agreed to consider making ‘an exception’ and look at introducing a sign language GCSE. His mum Ann said: “We’re not asking for any special treatment. All we want is for Daniel, and deaf children across the country, to be given the same opportunities as other pupils. “We’re so pleased that the government finally appears to be recognising how big an issue this is and the announcement is another hurdle cleared. However, it’s now important that the Department for Education acts on its pledge and works with families and sign language charities to develop a British Sign Language GCSE so this issue can be resolved once and for all.”
Daniel is just one of the 1.27 million pupils in England with special education needs, according to the Department for Education. Through our work with charities and campaign groups, we know that pupils’ need for support is increasing. Alex Rook, one of our partners and public law experts represented the family. He said: “We’re delighted that the government has backed down from its original position as, at present, the lack of a British Sign Language GCSE is having a major and unnecessary impact on thousands of children each year.” Director of policy and campaigns at the National Deaf Children’s Society, Steve Haines, said: “When we started our campaign to get a GCSE in British Sign Language into schools, we were absolutely amazed by the response; 92% of deaf and hearing children said they wanted the option of taking the GCSE. “Because of the tireless campaigning for so many deaf children, deaf young people, their parents, and the brilliant Ann and Daniel Jillings, their dream is an important step closer to becoming a reality.”
To find out more about the work of our Public Law and Human Rights team visit irwinmitchell.com/publiclaw
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Everyone
has a story
How we deal with challenges makes us who we are. Since our Don’t Quit, Do It campaign launched in 2015 we have been inspired by the role inclusive sport plays in the lives of thousands of people who have suffered serious injuries or illness. These people refuse to be defined by their disability and instead use their ability as a beacon to showcase their talent, determination and belief. 12 million people in the UK have a disability but only one in six takes part in sport regularly. We want this to change and we’ve enlisted an amazing group to help us. We know that everyone has a story and the latest phase of our campaign showcases incredible clients that love inclusive sport. Sport gives them freedom and independence they didn’t know was possible and plays a huge part in their lives. Read their stories and be inspired to create your own. 6
TURNINGPOINT Winter 2018
Ainsley Ainsley was a 21-year-old student, just months into an architecture and property development course at the University of Wolverhampton when he was involved in a road traffic collision and suffered a spinal cord injury. We secured interim payments for Ainsley which enabled him to access a range of support after leaving hospital. Ainsley’s rehabilitation saw him take part in the Inter Spinal Unit Games, an event which allows people with a spinal injury to sample a range of different sports and meet other people in a similar position. He first tried rowing at a local club last year and he hasn’t looked back. Ainsley loves being on the water and the sense of freedom and responsibility that it gives him. He would also like to try other inclusive activities in the future, including wheelchair basketball, to help with his rehabilitation.
“It was so hard coming to terms with my injuries, but sport has assisted with my recovery and opened me up to a whole new world of possibilities.” 7
Issy Issy was a 19-year-old student loving life at the University of Exeter when she was seriously injured in a road traffic collision, which caused a life changing spinal cord injury. The support we secured for Issy helped her move into adapted accommodation which had enough space for her to receive further physiotherapy and rehabilitation. Issy was a keen runner, javelin champion and talented hockey player before her injuries, so she saw no need to give up her passion for sport. After trying a number of sports she fell in love with two – wheelchair rugby and shooting. Both the team spirit and the contact element of wheelchair rugby really appealed to her, with the intensity of the sport never failing to provide her with a major adrenaline rush. Her second sport, shooting, was such a success that she went on to represent Team GB at the Rio Paralympics in 2016 and is targeting Tokyo in 2020.
“Before my injury I knew I needed sport, now I know I can’t live without it.” 8
TURNINGPOINT Winter 2018
Halle Halle faced a challenging start to life after she suffered an injury during birth; nerves in her neck were damaged which led to her being diagnosed with Erb’s palsy. The support our experts secured for Halle, both now and in the future, meant she could focus on her love of inclusive activity. Sport has played an important role in Halle’s rehabilitation throughout her life. While she is a keen horse rider and swimmer, her true love is karate. She has been having lessons for over seven years and has competed in a range of competitions, with the discipline and physical nature of martial arts offering her an ideal way to express herself.
“I am determined to improve the movement in my arm as much as I can and sport has already helped so much.”
You can read about our clients Luke, Ed and Sophie and our ambassadors Hannah Cockroft MBE and Alfie Hewett at irwinmitchell.com/dqdi 9
Time Change for
In October 2018 the All Party Parliamentary Group on acquired brain injury delivered a major report to government.
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The ‘Time For Change’ report has prompted debate and discussion from all quarters on what should be the start of a long road to a brighter future. The report makes a number of key recommendations for policy makers, focusing on improving specialist rehab provision after brain injury. It also touches on a number of areas, including education support for children and young people, welfare benefits and better care in the criminal justice system. Proud to play our part With this subject being one of real interest and passion for our solicitors, we were delighted to be invited by the UK Acquired Brain Injury Forum to support the publication of the report. The work has been led by Chris Bryant MP who has long been vocal in his support for improving services for individuals with acquired brain injury (ABI). Our serious injury solicitors Sarah Griggs and Tracey Storey attended the launch event and Sarah was keen to praise what should be just the beginning for a piece of work that could lead to real change. Sarah said: “The report makes for fascinating reading and provides real ammunition for those campaigning for changes. Of course the hard work starts now but we are proud to have been able to support the publication of the report and we’ll be doing all we can to ensure it makes a real impact.”
An in-depth look at ABI The report contains evidence from a range of medical and other experts and makes 20 key recommendations for those suffering with an ABI. The report also highlights the scale of the current problems, such as the fact there are 956 hospital admissions related to ABI every day, which is one every 90 seconds. In addition to this there are over 1.3 million people living with traumatic brain injury-related disabilities in the UK which costs over £15 billion per year. Neil Whiteley heads up our serious injury team and supports the notion that it is time for change. He said: “Sadly we have seen the results of delayed treatment and the dangers when there is a low level of awareness and understanding of ABI. The report suggests positive ways to make this a thing of the past and that is a future we should all be working towards.” ABI is a very challenging diagnosis to deal with and we have seen first-hand the struggles that our clients go through. While we always aim to offer support every step of the way, more needs to be done to protect them and ensure there is a duty of care for everyone that needs it. It’s time for change.
You can read the report in full at ukabif.org.uk/appg-report
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Our
Calendar
Road Safety Week When: 19-25 November 2018 This Road Safety Week, Brake are shouting about the safety of those on two wheels and encouraging everyone to be bike smart.
Superhero Series: Winter Wonderwheels
International Day of Persons with Disabilities
When: Sunday 2 December 2018
When: Monday 3 December 2018
Everyday Superheroes are invited to cycle, walk, run, push, or anything in between around Dorney’s spectacular lake.
The United Nations’ aim is to empower all persons with disabilities and ensure inclusiveness and equality for all.
Sign up to our event
World Encephalitis Day
Women’s Health: Who Decides?
When: Friday 22 February 2019
When: Thursday 28 February 2019
Founded by The Encephalitis Society in 2014, this is the global awareness day for people who have been affected by encephalitis (inflammation of the brain).
A thought provoking seminar welcoming a range of specialist speakers who will explore the issues surrounding women’s health and consent.
Sign up to our event
Neurodiversity – A Hidden Talent in Disguise
Decembeard – Beat Bowel Cancer Month
When: Thursday 22 November 2018
When: December
A panel discussion in Southampton to discuss neurodiversity and how those with ADHD, ADD, dyspraxia, dyslexia and autism can fulfil their career potential.
Grow a beard and help Bowel Cancer UK stop people dying from this preventable disease.
Sign up to our event
Legal Challenges to Delayed Patient Transfers
Cervical Cancer Prevention Week
When: Monday 3 December 2018
When: 21 – 27 January 2019
A seminar in Newcastle to explore the legislation, case law, public and human rights and mental capacity law to overcome hurdles in discharging hospital patients.
Cervical cancer can be prevented. Jo’s Cervical Cancer Trust aims to ensure every woman knows how they can reduce their risk.
Sign up to our event
Making a Difference Exhibition When: Thursday 30 May 2019 An exhibition to showcase the wide range of recreational interests and activities for disabled adults and children.
Our
Events If you’re interested in attending any of our events, please email events@irwinmitchell.com
Sepsis -
stay switched on
With World Sepsis Day behind us, our client Stan explains why you should be alert all year round. Globally, sepsis claims six million lives a year. Yet with early diagnosis, it’s easily treatable. Thankfully, our client Stan is still here to tell his story, but his battle back to health is a reminder of the dangers of such a debilitating disease. Stan and sepsis Bench-pressing nearly 150 kilos and not having visited a doctor for 20 years, Stan Burkett-Coltman, of Berkhamsted, Hertfordshire, was the picture of health. So when he started experiencing pain in his left arm and blurred vision, nothing could prepare him for the chain of events that would unfold. Within days, he would be in hospital battling sepsis. Onset and diagnosis Stan, a self-employed insolvency practitioner, visited the A&E department at Stoke Mandeville Hospital in Aylesbury. He complained about his blurred vision and also told staff he had experienced pain in his left arm and had been feeling unwell for a week. He was discharged and told to make a hospital appointment with regards to his eye. The following day he woke to find his vision had deteriorated. Stan contacted his optician who told him to go to hospital. Doctors initially believed he may have a cornea infection. The following day he was diagnosed with bacterial infection group A streptococcus.
Stan Burkett-Coltman
Stan was transferred to another hospital for specialist treatment and, whilst doctors were able to save his life, they couldn’t save his eye. He spent around two weeks in hospital afterwards but things did not suddenly get better. Stan recalls: “I was really weak and, whereas before I was training for a Half Ironman event and bench-pressing 150 kilos, now it took me around 40 minutes just to walk a mile.” Raising awareness Stan remains optimistic and now wants to use his experience to help others. He added: “You only get one crack at life and so I want to make the most of it. Yes, I’ve lost an eye, but there are many others out there who have not been as fortunate. “I’m now passionate about helping people be more aware of sepsis and how dangerous it can be. I have beaten sepsis and I’m going to get others to beat it. “If I can save one person’s life, I can save somebody else’s world.” Stan spoke out during World Sepsis Day, which is run by The UK Sepsis Trust, a fantastic charity that we are proud to work with. The UK Sepsis Trust exists to fight this life-threatening condition, stop preventable deaths and support those affected by sepsis.
You can find out more at sepsistrust.org 14 TURNINGP INT Winter 2018
Statistics and advice from the UK Sepsis Trust 15
Seek medical help urgently if you develop one or more of the following:
S E P
Skin mottled or discoloured
Extreme shivering or muscle pain
x
Passing no urine
S
Slurred speech or confusion
I
It feels like you’re going to die
S
Severe breathlessness
25,000
Sepsis affects 25,000 children every year
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Sepsis kills five people in the UK every hour
25%
One in four of all sepsis survivors suffer permanent, life-changing effects
44,000 Sepsis kills 44,000 people in the UK every year
changing nature
The
of asbestos treatments
James Casey
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Over the past 12 months there have been considerable advances in both the treatment of asbestos related diseases and the legal agreements which ensure those diagnosed with an illness can access these new and improving treatments. After undergoing tests to investigate fatigue and weight loss, father of three James Casey, 64 from Halifax, was diagnosed with peritoneal mesothelioma, a cancer that affects the lining of the abdomen associated with asbestos exposure.
As part of his landmark settlement agreement with his former employer’s insurer, the cost of any medical treatment James needs in the future will be covered by the insurer. This includes immunotherapy treatment which is a growing area of medical research on asbestos cancers.
Our specialist asbestos-related disease solicitors established that his exposure to asbestos most likely took place during his time working for the North Eastern Gas Board between 1969 and 1980. They successfully pursued a civil claim on his behalf.
Ian Toft, one of our leading asbestos related disease experts, represents James and said: “This settlement is a hugely important step forward for victims of mesothelioma and other asbestos-related illnesses.
James, who is married to Yvonne and is also a grandfather of six, started work at the North Eastern Gas Board shortly after leaving school. He was initially employed as an apprentice service engineer in Bradford before being transferred to the Pudsey branch.
“This settlement for James builds on anything we’ve done before, as it includes the extra element of covering future unidentified treatments even if they are not currently on the medical radar.”
Recovering costs for hospices In 2010 we recovered hospice costs for a man who had contracted mesothelioma after being exposed to asbestos while working at a power station in the 1950s. As part of the legal case we made a successful claim on behalf of the cancer hospice where he had been cared for in the final stages of his life. This was the first case where costs for hospice care were included in the compensation settlement. As providers of palliative care, hospices can often be a crucial end-of-life support for those suffering from mesothelioma. Since this landmark case we have recovered more than £1 million for hospices across the country to cover the costs of care for victims of asbestos exposure, which is on top of the funds we recover for the victims themselves and their families.
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Did you hear about the
charity rule changes? There have been big changes brought about by The Charity Commission – are you prepared?
To find out more visit gov.uk/charity-commission
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The summer of 2018 will be remembered fondly for its epic World Cup and unbelievably long heatwave. But something else happened this summer – the regulator of charities in England and Wales, The Charity Commission, changed its rules so that it could pay closer attention to those in charge of charities. The rule changes widen the scope for automatic disqualification – that is, banning people from heading up a charity. The changes increase both the types of offences and the remits of the people that can commit them. The Commission can now disqualify those who are in contempt of court, named under particular anti-terrorism legislation or appear on the sex offenders register. Previously, the rules only covered wrongdoing by a charity’s trustees. Now chief executives and chief financial officers (or their equivalents) could face disqualification if they break the rules.
Similarly, anyone removed as a trustee, officer, agent or even employee of a charity by the Court of the Charity Commission may also be disqualified. These changes have been introduced to give more scrutiny to the management and activities of charities. This isn’t just limited to major wrongdoing, such as safeguarding; it actually focuses more on compliance with the Commission itself, acknowledging “most compliance issues are as a result of trustees making honest mistakes, resulting in minimal impact.” In 2017 there were over 1,500 regulatory compliance cases, with over half of these being allegations of “serious governance concerns, unmanaged conflicts of interest and trustee decision making”. This could be one of the reasons behind their need for more scrutiny. Despite all of this, as a charity you are not alone. There is support out there to help you ensure that you are compliant.
How to avoid falling foul Your recruitment Firstly, as a charity, you should ensure that your senior management recruitment processes and checks are updated to include an appropriate declaration from the applicant.
Your existing trustees and senior managers Your trustees and senior managers already in position should have given a declaration that they haven’t become disqualified as a result of the new rules. If they have, an application for a waiver can be made to The Charity Commission. The person in question can’t act in their role until the waiver is secured.
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our ears Music to
It’s a UK first for neurological music therapy and acute trauma. Our London office has been busy running a joint project this year with Chiltern Music Therapy at the Royal London Hospital. Chiltern is an award-winning, not-for-profit organisation that provides neurological music therapy and community music to people of all ages.
The project has involved setting up a neurological music therapy clinic within the acute trauma wards of the Royal London Hospital, treating patients with brain and spinal cord injuries, amputations, orthopaedic injuries, and neurological disease. The focus is on promoting neurological, functional and emotional improvements to patients pre-discharge or transfer.
Neurological music therapy is used to help those with cognitive, sensory and motor difficulties caused by neurological disease or injury. It is a neuro-scientific approach that uses the brain’s ability to respond to the different elements of music, specifically rhythm and tempo, and can be used to help restore an individual’s speech through the use of music and singing.
We believe this is the first time ever neurological music therapy has been trialled in an acute trauma setting and can’t wait to hear the results.
project include:
Aims of the
> To explore the positive impact of neurological music therapy on patient outcomes at discharge > To evidence the benefits of neurological music therapy to staff, patients and families, in the context of UK hospital care > To evidence cost-saving effectiveness of the service, reduced cost to out-patient teams and instances of re-admission > To evidence a need for expansion of the service, within the project hospital site and further sites in the UK.
Chiltern’s music therapy project finished in October and we will update you on the findings in the next issue. 21
Granted, they are
incredible Anything is possible when you have passion, desire and determination.
Throughout 2018, our Don’t Quit Do It grants programme handed out nearly £60,000 to individuals and sports clubs across the UK. Wheelchair basketball teams, gold medallists and a whole host of inclusive sport lovers have received our support after we were inspired by their stories. We introduced our grants programme as part of our longstanding commitment to encouraging participation in disability sport. Our grants support groups and individuals who are passionate about inclusive sport and helps them with costs towards training, participating in competitions or specialist equipment.
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Our grants programme has closed for now but if you’d like to talk to someone about your sport or the club you play for then email turningpoint@irwinmitchell.com
Anya Waugh Wheelchair racer Anya is using her grant to help fund entry fees into competitions, equipment and travel costs as she has her sights set on competing in the 2024 Paris Paralympics.
Stoke Mandeville Maulers The wheelchair rugby team based at the birthplace of the Paralympics celebrated their second birthday earlier this year with a grant which has been used to help with its running costs.
Aldershot Snowsport for the Disabled The club was set up more than 40 years ago and currently has nearly 100 members, who have a range of disabilities and who take part in skiing and snowboarding sessions. The grant enabled club members to take on the world’s largest indoor ski slope in Holland.
Mark Pattenden Aspiring archer, Mark, lost his leg in an accident but has his sights set on representing Team GB at Tokyo 2020. The funds will pay for coaching and training during a year of intensive competition.
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