Making decisions for children with brain injuries

By Sarah Loxley

Published May 30, 2025In: Clinical Negligence

When a child suffers a brain injury, particularly due to mistakes made during or shortly after birth, the consequences can be overwhelming. Everyday routines are disrupted, parental roles shift overnight and the future that once seemed predictable becomes layered with uncertainty. Alongside the emotional strain, families also face an intricate web of legal and financial planning, much of which can be overwhelming without the right support. At Switalskis, we support families throughout the clinical negligence claims process and help them access the wider support they may need, both now and in the future.

One area families often encounter during or after a claim is the Court of Protection (CoP), specifically, the appointment of a Property and Financial Deputy, to help manage compensation for a child who lacks mental capacity. Our Clinical Negligence team work closely with trusted Court of Protection Deputyship services and understand how vital they can be and work closely with trusted specialists who do.

How brain injuries impact family life

Children who have suffered a brain injury often require lifelong care and this care is usually complex and multidisciplinary. Families find themselves suddenly interacting with a team of professionals such as case managers, therapists, carers, social workers and others, who are responsible for aspects of their child's care. While this support is crucial, it can also be deeply disorienting.

Many parents experience a sense of loss as tasks they expected to manage themselves are now handled by others. This shift can generate tension, confusion and even conflict within the home, particularly when communication is lacking or when decisions are made that don’t align with the parents’ expectations. These emotional undercurrents are often compounded by financial concerns and uncertainty about the future.

What happens when compensation is awarded?

As a clinical negligence case progresses, there may be interim payments or, eventually, a full settlement. For children with brain injuries who are unlikely to have capacity as they grow older, the Court of Protection may need to appoint a Property and Financial Deputy. This is a specialist professional who takes responsibility for managing the injured person’s finances, including their compensation award.

In cases where our clients need a Deputy, our team work with experienced professionals to help support them throughout their journey. This ensures the child’s financial needs are handled with expertise and empathy.

Personal injury trusts vs. Deputyship

When compensation is awarded for a personal injury, families must decide how best to manage it. Two key mechanisms are:

Personal injury trusts: Suitable when the injured person has capacity. They protect compensation from affecting means-tested benefits and can be managed with oversight.
Court of Protection (CoP) Deputyship: Necessary when the injured person lacks capacity, either permanently or likely permanently (as may be the case with a severely brain-injured child). This involves a formal application to the Court and results in the appointment of a Deputy to manage the injured party’s finances and property.

While Deputyship is more costly and time-consuming to establish, it provides a higher level of protection and is overseen by the Court of Protection throughout the injured person’s life.

When to apply for Deputyship

Timing is critical. If the injured child is unlikely to gain mental capacity upon reaching 18, it is advisable to begin the Deputyship application early. Current delays mean it can take 9 to 12 months for the Court of Protection to issue an order, so the sooner a Deputy is involved, the smoother the legal and practical transition from child to adult care can be.

At Switalskis we often work alongside Deputyship professionals during litigation. This joined-up approach helps ensure that any compensation is used effectively from the outset, with a focus on continuity of care and long-term planning.

What does a property and finance deputy do?

Here’s what you can expect from a professional Deputy:

Managing day-to-day finances – Working with financial advisors to budget, pay bills, and ensure the child’s needs are met.
Supporting the family – Ensuring family members are supported in their caring roles and that funds are used in the child’s best interests.
Property matters – Arranging purchases, adaptations, or relocations to ensure the child has a safe and suitable home.
Liaising with care teams – Coordinating with case managers, therapists, education providers and other professionals.
Long-term planning – Making sure the award lasts for the child’s lifetime and supporting applications for statutory services.

Supporting you through every stage

At Switalskis, our role doesn’t end with securing compensation. We understand that families may feel unsure about how best to manage the money awarded for their child’s care.

We’ll talk you through each stage of the legal process, help coordinate with trusted Deputyship professionals where needed, and ensure your family’s needs are central throughout the claim.

Bringing a clinical negligence claim for a child with a brain injury is about more than just compensation, it's about securing the best possible future. Understanding how the Court of Protection fits into that picture is an important part of the journey.

We’re here to support you every step of the way, from the early days of the claim to ensuring you have access to the right professional guidance when the case concludes. If you have questions about any part of the process, including Deputyship, we’ll be here to help you navigate it with clarity, compassion and confidence.