Support for families or carers

Welcome to our Early Notification (EN) scheme support page for families and carers.

We have included links so you can find out everything you need to know,

including information about the EN Scheme, flowcharts, frequently asked questions (FAQs) and where you can find further information and support. We also have an EN summary leaflet which is available to read and download. This gives you an overview of the scheme and sets out next steps, the contact details for our EN Family Liaison and Mediation Lead and the EN team, and information about support organisations.

The EN scheme processes

The flowchart below shows the steps for the EN scheme investigation process.

EN scheme investigation process Baby born and meets MNSI criteria for serious brain injury Trust reports incident to MNSI for investigation MNSI creates reference number and starts investigation Trust reports incident to NHS Resolution NHS Resolution acknowledges incident to Trust MNSI completes investigation MNSI give family information on NHS Resolution and the EN scheme NHS Resolution send introduction letter to family Trust shares MNSI report with NHS Resolution NHS Resolution reviews MRI information within MNSI report and/or MRI report EN MRI criteria met NHS Resolution undertakes an initial clinical review (1) EN MRI criteria not met No investigation takes place NHS Resolution sends letter to Trust and family (We will signpost you to legal advice and support organisations) Clinical Negligence scheme for Trusts route (You have the option of pursuing a claim where the EN investigation isn’t taking place. More details can be found on our website) NHS Resolution undertakes an initial clinical review (1) Early indication of substandard care which may/reasonably expected to have made a difference to the outcome NHS Resolution sends letter to family notifying them of the legal investigation (2) (You have three months to reach your decision from the date the letter is sent. We will contact you two weeks later to confirm you have received the letter and then four weeks later to confirm if you have made a decision about the legal investigation) Early indication of no substandard care or the care would not have made a difference to the outcome No investigation takes place NHS Resolution sends letter to Trust and family (We will signpost you to legal advice and support organisations) Clinical Negligence scheme for Trusts route (You have the option of pursuing a claim where the EN investigation isn’t taking place. More details can be found on our website) NHS Resolution sends letter to family notifying them of the legal investigation (2) Permission received (Once you give us your permission, we can start our liability investigation) NHS Resolution commence legal investigation NHS Resolution sends letter to Trust and family Move to legal investigation process Permission not received (If you do not give permission for an investigation to take place or we do not hear back from you, no investigation will take place) No investigation takes place NHS Resolution sends letter to Trust and family (We will signpost you to legal advice and support organisations) Clinical Negligence scheme for Trusts route (You have the option of pursuing a claim where the EN investigation isn’t taking place. More details can be found on our website)
Click to open the flowchart

Summary of the EN Scheme

The hospital trust will report any baby born with a serious brain injury which meets the criteria for an investigation to the Maternity and Newborn Safety Investigations (MNSI) programme. If the MNSI accept the case and begin an investigation, the trust must also report the incident to us. They will tell you about us and the EN Scheme. After the MNSI have completed their investigation, the trust will share the final MNSI report with us. Our Early Notification team will write to you introducing the scheme, and give you our contact details.

We will carry out an initial review of your care and write to you with the outcome. If there are concerns that the care provided may have caused injury to your baby, we will carry out a full legal investigation. If your baby was born on or after 1 October 2023, we will ask for your permission to do this and ask you to send us a signed form allowing us to access additional medical records.

If your case does not meet the criteria to be included in the EN Scheme, we will tell you in writing and give you details of independent legal advice and support organisations.

Legal investigation process

The flowchart below shows the steps of the legal investigation process.

Legal investigation process: NHS Resolution commence legal investigation (NHS Resolution may appoint a law firm to assist in the investigation) Medical records and other relevant information from the hospital Trust are obtained (Where you have provided permission to access records held by other organisations, these will also be obtained) NHS Resolution instruct medico-legal experts (These are experts in Midwifery, Obstetrics and Neonatology. Your records are shared for them to provide a view on the care you received using the clinical negligence test) Clinical negligence legal test considered (The clinical negligence test: 1. Experts determine if duty of care has been breached as result of substandard care and 2. Use radiological evidence to determine if harm was caused from substandard care identified) NHS Resolution collaborate on whether clinical negligence is identified Clinical Negligence identified NHS Resolution sends letter to family with outcome (We will signpost you to legal advice and support organisations) Moves into compensation Process (Family encouraged to obtain legal representation) Clinical Negligence not identified NHS Resolution sends letter to family with outcome (We will signpost you to legal advice and support organisations Please note, your investigation make take longer depending on a number of factors. You or your representatives will be updated during your investigation.
Click to open flowchart

We have also summarised the legal investigation process below.

If your case meets the full criteria to be included in the EN Scheme and you agree to be part of the scheme, we will begin a legal investigation.

Firstly, we will ask the hospital trust and other organisations for your medical records and other relevant information, if you have given us permission to do so.

We will then instruct medical and legal experts, who will consider your medical records and any other relevant documents (including incident investigation reports, local and national guidance and policies in place at the time of your care, and comments from staff who treated you and your baby) and give their independent opinion on the standard of care you received. Lawyers will meet with the experts to discuss your case in detail and decide whether you are eligible for compensation.

We will write to you with the conclusion of the investigation, and include information on support organisations and where you can get independent legal advice.

An introduction to the Early Notification Scheme for families

We have published an animation designed to explain what our Early Notification Scheme does.

As part of our third strategic objective, to collaborate to improve maternity outcomes, and ongoing consideration for how the EN scheme should be developed, we’ve been working closely with our Maternity Voices Advisory Group and a group of parents via PEEPS-HIE to improve our direct communication with families and ensure consistent contact with our Family Liaison team once a case is accepted onto our Early Notification Scheme.

The Early Notification Maternity Voices Advisory Group (MVAG) was established to provide external stakeholders, in particular families and their representatives, with a forum through which they can advise and support future service developments within the Early Notification Scheme.

This animation was co-designed with MVAG and a group of parents via PEEPS-HIE and aims to be clear, concise and understandable for any families who might have experienced an incident of maternity harm and have been accepted onto the EN Scheme or are seeking to understand more about what the scheme does.

We also hope it will act as an important signpost for further support for families and where they can contact our internal teams for more information if needed. We aim to create a further animation explaining the liability investigation in more detail in the near future.

Contact

For more information, you can contact a member of the EN team or our EN Family Liaison and Mediation Team by emailing nhsr.enteam@nhs.net or phoning 0207 811 6263.

You can also speak with the maternity contact at your hospital.

You can find information about MNSI and their investigations on their Investigation overview for families web page.

Helpful resources

We understand that this must be a difficult time for you and your family. There are several organisations that can provide you with specialist advice, including the following.

Bliss
www.bliss.org.uk/
A national charity that supports babies who are born premature or sick and their families. They offer advice and support through a Freephone helpline. Phone 020 7378 1122.

NHS Talking Therapies
www.england.nhs.uk/mental-health/adults/iapt 
This service offers free access to psychological therapy. Click on the link for more information and details about services in your area, including how to refer yourself to the service.

Peeps HIE
www.peeps-hie.org 
Support for families affected by babies born with hypoxic ischaemic encephalopathy (HIE). Phone 0800 987 5422.

Sands  
www.sands.org.uk
A charity set up to offer support to anyone affected by the death of a baby and to improve the care bereaved parents receive.

Sands –  Support for Black and South Asian communities
https://www.sands.org.uk/support-you/how-we-offer-support/support-black-and-south-asian-communities
Sands provide tailored support for Black and South Asian parents, family members and others affected by the death of a baby.

Samaritans
www.samaritans.org
Samaritans offer a free 24-hour listening and advice service 365 days a year. You can contact them at any time by phoning 116 123 from the UK and Republic of Ireland.

Tommys
https://www.tommys.org/pregnancy-information/about-tommys-pregnancy-information/video-call-service
Tommys are a national charity that fund research into miscarriage, stillbirth and premature birth, and provide pregnancy health information to parents. They have a specialist helpline which supports Black and Black Mixed-Heritage women and birthing people in the UK with any aspect of their pregnancy journey including baby loss bereavement counselling.

Organisations providing independent information, advice and support

Action against Medical Accidents (AvMA)
www.avma.org.uk
AvMA are an independent charity who offer free advice, information and support to people affected by healthcare that does not meet the expected standard. They can refer you to solicitors who specialise in this work and who are accredited by them. AvMA can advise and support families on MNSI maternity investigations, the Early Notification Scheme and other processes. Their helpline also provides free advice and is staffed by professional volunteers. It is open between 10am and 3.30pm, Monday to Friday. Phone 0345 123 23 52.

Law Society
www.lawsociety.org.uk
An organisation which can provide details on how to contact a specialist clinical negligence lawyer for independent legal advice.

Citizens Advice Bureau
www.citizensadvice.org.uk
At Citizens Advice you can get free advice from volunteers, who may be able to put you in touch with a legal advisor.

Page last updated on: