Brain injuries at birth

Have you recently had a baby at an NHS trust hospital and are worried that your baby suffered harm during the birth? In particular, immediately following their birth was your baby therapeutically cooled? Did they experience seizures (fitting)? Have you been told that your baby experienced a lack of oxygen to their brain (hypoxic ischaemic encephalopathy (HIE))? You may have been told that there is a risk your baby has a brain injury? An investigation into the treatment you received may already be underway.

You may qualify for an investigation under NHS Resolution’s Early Notification Scheme (ENS) or a maternity investigation by the Maternity and Newborn Safety Investigations Special Health Authority (MNSI). These investigations may already have started.

Early notification scheme (ENS): The ENS scheme only applies in specific circumstances where your baby was born at an NHS hospital on or after 1st April 2017 and is suspected to have a potentially serious brain injury which was recognised in the first week of their life.

Read our guide for more details on ENS birth investigations.

Maternity investigations by MNSI*: MNSI is funded by the Department of Health and Social Care and hosted by the Care Quality Commission but is an independent, investigative body within that. MNSI have a specific investigation programme for maternity related issues.

*We can also assist with cases which were dealt with under an HSIB Maternity Investigation which has been replaced by MNSI.

Read our guide for more details on MNSI birth investigations.

If any of this sounds familiar then this will be a difficult and confusing time for you, AvMA can help. Our guides contain lots of information to assist you but you can also talk to one of our professional, friendly and approachable caseworkers by completing an ENS/MNSI new client form. A caseworker will contact you within TWO working days of receipt of your completed form .

IMPORTANT: If you have concerns about possible maternal or birth related injuries that DO NOT involve your baby acquiring a brain injury at birth, for example, a maternal injury such as a serious tear or failure to diagnose low blood sugar in the new born (neonatal hypoglycaemia) then please complete our standard new client form

Independent Maternity Review at Nottingham University Hospitals NHS Trust: If you or a loved one have been treated at the maternity unit at Nottingham University Hospital NHS Trust in the last few years, you may be aware that there have been serious concerns over some of the care provided by the hospital in recent years. In response to those concerns the government appointed Donna Ockenden as Chair of an independent review of those maternity services. More information on the Review can be found here.

February 2025, update on the Review: Donna Ockenden has confirmed that cases which involve:

• Babies who have died
• Babies with a brain injury
• Mothers who have died

Are now included in the review, these cases will now as a matter of urgency be sent to the review team. We are advised that the Review Team will offer support to these families. However, to be included in the review a family must meet the terms of reference which can be found here: Terms of Reference

Frequently asked questions:

How is information about the family passed on to the Review Team? Information about how a family is to be included in the review is either through (i) direct contact with the family or (ii) Nottingham University Hospitals NHS Trust open book process

What is the open book process? This is where the trust looks through their own records to see if any cases meet the Terms of Reference of the review.

How many families will be included in the Review? There are currently 2,032 families included in the Review process however this is expected to 2,500 families once cases involving babies who have died, babies with brain injury and mothers who have died are included in the Review.

When does the Review close to new cases? The review closes at the end of May 2025.

When will the Report be published? It was originally intended that the report would include a Review of 1700 families and would be published at the end of September 2025. Given that the number of families involved in the Review is expected to increase to 2,500 the report is now expected to be published in June 2026.

How does the Review operate? The Review aims to operate to the “highest professional standards”.

What support does the Review provide? The Review aims to provide support to all families. The Family Psychological Support Service (FPSS) supports families involved in the Independent Maternity Review at Nottingham University Hospitals NHS Trust. They have a team of accredited therapists that have experience in delivering psychological therapies to people experiencing trauma, loss, and a range of other difficulties.

Call: 0115 200 1000

Email: enquiries@fpssnottingham.co.uk

Website: www.fpssnottingham.co.uk

What do I do if I do not want to be involved in the Review? If you have received a letter from the Independent Maternity Review team and do NOT wish to be involved, then you can email or telephone them and ask them NOT to contact you again.

How do I contact the Review team? The contact details for the independent review team are: nottsreview@donnaockenden.com or telephone them on: 01243 786993, the line is open Monday to Friday from 8am–5pm.

How can AvMA help me? AvMA may be able to give general, advice, information and support while you are going through the Review process and if appropriate can refer you to an AvMA accredited solicitor who specialises in this sensitive and legally complex type of work. If you would like further advice, please complete our ENS/MNSI new client form or our written A&I new client form. You may also find our self help leaflets useful, as linked at the top of this page.

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