The NHS Early Notification Scheme was introduced in 2017 by NHS Resolution, a legal division of the NHS that work on complaints and claims for medical negligence.
The intention of the ENS is to investigate what happened when a child suffers a potentially serious brain injury around the time of his or her birth. The aim is to do this quickly when memories of the events are clear in people’s minds, and in turn to reduce stress on the families concerned.
Doctors and other medical staff must report any case of a child being born in circumstances which could cause a brain injury, to their hospital’s legal team where the birth occurred. The case is then referred to NHS Resolution. If the case fits the criteria, it will be investigated under the ENS. Even though the intention is for investigations to take place as quickly as possible, unfortunately they can take a long time due to the complexities of each individual’s case.
If the medical staff in the NHS Trust are found to be have been negligent, the ENS will give the family a formal written apology. In addition, a package of financial support and advice regarding next steps in caring for the child will be agreed. If you have been contacted in relation to the ENS, it is vital that you seek independent, specialist legal advice.