March 2025

What is the Duty of Candour policy in the UK?

Posted on 27 March 20257 April 2025 by Sarah O'Sullivan

To comply with the Duty of Candour, healthcare providers must adopt an approach of openness and transparency with their patients, particularly when something goes wrong with their care or treatment.

When errors occur, patients and their families can expect to be informed honestly about what happened, what can be done to deal with any harm caused and what will be done to prevent a recurrence to someone else.

Professional Duty of Candour

Every health and care professional must be open and honest with patients and people in their care when something that goes wrong with their treatment or care causes, or has the potential to cause, harm or distress. This is an individual duty on each health care provider.

Role of professional bodies in enforcing the duty

Regulators of specific healthcare professions oversee the professional duty of candour. These include:

The General Medical Council (GMC)
The Nursing and Midwifery Council (NCM)
The General Dental Council (GDC)

Failure to adhere to the duty of candour may result in disciplinary action being taken.

Examples of professional duty in practice

As soon as the professional realises something has gone wrong with the care of a patient, they should:

speak to the patient or family members face-to-face
provide a true account of what has happened, allowing time for any questions
say sorry – this is always the right thing to do and is not an admission of liability
take action to put things right where possible
document the incident and actions taken in writing

Statutory Duty of Candour

This duty applies to the organisations that provide healthcare services. It is a legal obligation on organisations to be open and transparent with people using their services in relation to their treatment or care.

This duty is set out under Regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Key elements of the statutory duty

The statutory duty is triggered by a “notifiable safety incident” which is an unintended or unexpected incident that occurred during the provision of care or treatment that could or appears to have resulted in the following outcomes: (in the reasonable opinion of the healthcare professional)

Death that is directly related to the incident
Severe harm
Moderate harm (harm that requires a moderate increase in treatment and significant but not permanent harm)
Prolonged psychological harm (continuous period of psychological harm for 28 days)

When something qualifies as a notifiable safety incident, a conversation must begin with the patient who was harmed, or their family, as soon as is reasonably practicable. The healthcare provider should:

Tell the patient face-to-face that a notifiable safety incident has taken place
Say sorry
Provide a true account of what happened and explain what further investigations may take place
Follow up by providing this information and the apology in writing and providing updates
Keep a written record of all communications and meetings

They should offer the patient practical support, such as providing an interpreter if needed, and emotional support such as counselling.

Consequences of failing to comply with the duty

It is an offence for a Care Quality Commission (CQC) regulated organisation to fail to comply with the duty. Failure can result in enforcement activity ranging from warning or requirement notices to criminal prosecutions.

The difference between statutory and professional Duty of Candour

The statutory duty of candour applies to organisations rather than individuals and covers all providers regulated by the CQC.

The professional duty of candour is an individual duty that applies to all registered healthcare professionals.

The statutory duty also contains specific requirements for notifiable safety incidents.

NHS Employers have responded to the consultation on the regulation of NHS managers welcoming the introduction of a new professional duty of candour on NHS leaders.

Medical negligence and congenital hip dislocation

Posted on 27 March 20251 April 2025 by Sarah O'Sullivan

Congenital hip dysplasia (CDH), also known as developmental dysplasia of the hip (DDH) is a condition some babies are born with where the hip joint fails to develop properly. If untreated, hip dysplasia can lead to long-term complications. Treatment depends on the severity of hip dysplasia, with mild cases possibly being capable of resolving independently and more severe cases requiring time in a Pavlik harness, casting or surgery. Early diagnosis and treatment are therefore crucial to the long-term outcome for your baby.

Medical negligence claims – congenital hip dislocation

Doctors should be able to diagnose congenital hip dislocation during the new-born examination or the 6-8 week post-natal check. Early diagnosis and proper treatment are important to help the baby recover, develop and enjoy as full a range of movement as possible in their hips. Babies with congenital hip dislocation may need treatment to try and resolve the problem. Failure to detect congenital hip dislocation and start treatment early can lead to long-term health problems.

Claims for congenital hip dislocation usually arise as a result of:

There was a failure to follow protocols or carry out the tests at the relevant time.
Misdiagnosis by incorrectly interpreting the results of the tests or failing to carry out further tests.
Delays in referral or treatment once congenital hip dysplasia is suspected.

You might have a claim for negligence if your child:

suffered unnecessary pain or required avoidable surgical treatment because of the delayed diagnosis
faces long-term effects of hip dislocation because of the delayed diagnosis, such as: arthritis, difficulty walking and future hip replacement surgery.

If you are concerned about the standard of care your baby received during diagnosis or treatment of their hip dysplasia, and think this might have caused a problem, talk to our medical negligence claims specialists. We’ll listen to your concerns, and help you find out what happened and why.

What is congenital hip dysplasia?

Congenital hip dysplasia (also called developmental dysplasia of the hip) is an abnormality of the hip joint. It can cause partial or total dislocation of the hip.

The NHS states that long-term effects of untreated congenital hip dislocation may include:

developing a limp
painful, stiff joints (osteoarthritis)
hip pain.

Babies with congenital hip dislocation are born with an unstable hip. This can affect their mobility and range of movement in the hip. Usually, this condition shouldn’t interfere with babies learning to crawl or walk.

Fortunately, congenital hip dislocation is quite rare and treatable. It affects about 1 or 2 out of every 1,000 babies born in the UK.

What causes congenital hip dislocation?

Doctors don’t know precisely what causes congenital hip dislocation, and the NHS advises that it’s not preventable.

However, certain risk factors are linked to an increased chance of a baby being born with congenital hip dislocation. These include:

Family History: where there is a family history of hip problems

Gender: females are more likely to have the condition than males
Breech Birth: if the baby is born in the breech position (born bottom or feet first)
Multiple Births: if you are expecting twins or multiple births
Prematurity: if your baby is born prematurely
First Baby: if it’s your first baby.

If your baby is at risk of being born with hip dislocation, your doctor/midwife may advise you of this during your antenatal care. However, as there is no way of being sure of this before the baby is born, the doctor or midwife will ensure that your baby’s hips are examined immediately following birth.

Diagnosing congenital hip dislocation

A prompt diagnosis gives the baby the best chance of recovering and enjoying a normal range of motion in their hips. Babies should be checked for signs of hip dislocation as part of their routine care.

Your baby will be checked early for signs of hip dislocation. Usually, the first check takes place in the hospital, very soon after delivery. A doctor or midwife should check your baby’s hips within 72 hours after birth. This is part of the newborn examination and shouldn’t cause your baby any discomfort. The person performing the test will gently move baby’s hips to check for early signs of hip dislocation, such as hip joint instability. Your healthcare professional should also check how the baby was delivered and ask if hip dislocation runs in your family.

This is a routine examination. It would be negligent of your care providers not to carry out the examination around the time of your baby’s birth. You should be told if there are any abnormal findings. If a problem is identified during the check, you should be advised of the following steps, and action should be taken to make a firm diagnosis and to rectify the problem.

Your baby’s hips should also be checked at the 6 – 8 week post-natal check. This is a standard check to make sure your baby is healthy. It’s another opportunity for doctors to diagnose hip dislocation, which may not have been evident at the time of your baby’s birth.

If the doctor identifies a possible problem, they may refer your baby for more tests, such as an x-ray or ultrasound scan.

The checks are in place to diagnose hip dislocation early and start treatment as soon as possible.

Signs and symptoms of congenital hip dislocation

The early checks of a baby’s hips are designed to help ensure early diagnosis of hip dislocation.

However, hip dislocation may be diagnosed later in your child’s development as they may not show obvious signs at their first check-ups. The NHS states that parents should contact their GP if they notice that their baby:

has restricted movement in one leg or both legs
has a clicking or popping sound when moving their legs
has one leg which seems longer than the other
has uneven skin folds on their buttocks/thighs
lets one leg drag behind the other when they crawl
develops a limp, walks on their toes or seems to have an abnormal gait.

Treatment for congenital hip dislocation

Pavlik Harness: A soft brace to correctly hold the baby’s hips while the joint develops.

Casting: In more severe cases, a baby may be placed in a full-body cast (spica cast) to maintain the hip in the correct position.

Surgical Treatments: In cases where non-surgical methods do not work or if the child is older, surgery may be necessary. This can involve realigning the hip joint.

Early diagnosis and intervention significantly improve the prognosis, reducing the likelihood of future mobility issues and the need for more invasive procedures.

Congenital hip dislocation terminology

Below is a helpful glossary of terms you might hear about congenital hip dislocation.

Where appropriate, these terms are explicitly explained in the context of congenital hip dislocation.

Congenital: a condition that a baby is born with.
Dysplasia: abnormal development of tissue (such as bones and muscles) or an organ. In the case of congenital hip dysplasia, it means abnormal hip joint growth.
Dislocation: an abnormal separation of a joint. Congenital hip dislocation may mean partial or total dislocation of the hip joint.
Congenital hip dysplasia/dislocation is when the ball of the baby’s femur does not properly sit within the hip socket. The extent of hip dislocations varies.
Hip Subluxation is when the hip joint is partially, but not fully, dislocated. This happens when the femur ball does not entirely fit within the hip socket.

Disclaimer
All content is provided for general information only and should not be treated as a substitute for the medical advice of your doctor, any other health care professional or for the legal advice of your lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any sites. Always consult your GP if you’re concerned about your health and your lawyer for legal advice.

Update: Addenbrookes paediatric surgeon suspended after children left with injuries

Posted on 26 March 202522 April 2025 by Sarah O'Sullivan

At Tees, we are shocked and saddened by the news that a specialist paediatric surgeon at Addenbrooke’s Hospital in Cambridge has been suspended following a review.

BBC News has reported that an investigation uncovered nine medical negligence cases where children had been left with injuries affecting their quality of life following complex hip surgery procedures. These injuries have had a lasting impact, requiring further medical treatment and affecting mobility.

It has now been revealed that the review will assess treatment given to 700 patients who had planned operations and another 100 who had emergency treatment. Although the surgeon specialised in children’s surgeries, they also carried out emergency orthopaedic procedures on adults.

Cambridge University Hospitals Chief Executive, Roland Sinker, has confirmed that an external review will take place into the medical treatment carried out by the surgeon at the hospital. He also stated that reports have been made to the General Medical Council, NHS England, and the Care Quality Commission.

Andrew Kennedy KC has been appointed by the trust to chair a panel of expert clinicians to undertake the external review.

The trust has confirmed that concerns about this surgeon were raised 10 years ago in 2015, and that their clinical practice was restricted last year as a precautionary measure.

While the full details of the investigation have not been made publicly available, the suspension raises serious concerns for those patients who may have been treated by this surgeon, potentially affecting their health and well-being.

For many patients, undergoing surgery or treatment from a medical professional is a deeply personal experience. When that trust is broken, the consequences can be both physically and emotionally devastating.

This news is both shocking and heartbreaking for the children and families who are affected. It is crucial that patients and families receive the support they need to obtain answers and where necessary access any follow up treatment and rehabilitation.

About Tees
We at Tees are ideally placed to assist families who may have been affected and have already been approached by some who may have been affected.

With years of experience in medical negligence claims, we are well-equipped to navigate the complexities of these cases, ensuring that patients and their families receive the support and justice they deserve. We understand the profound impact that medical negligence can have, both physically and emotionally and our team is here to provide expert guidance.

Alarmingly, this news comes in the wake of the recent exposure of the practices of Mr. Jabbar, an orthopaedic medical professional at Great Ormond Street Hospital. We are already supporting families affected by the shocking failures in medical care linked to Mr. Jabbar.

Employment law update: Statutory limits and wage increases from April 2025

Posted on 25 March 20251 April 2025 by Sarah O'Sullivan

The Government has published The Employment Rights (Increase of Limits) Order 2025, confirming key updates to statutory compensation limits and employment-related payments. These changes, many of which come into effect from 6 April 2025, will impact employers and employees across the UK. Here’s what you need to know:

Statutory cap on a week’s pay

From 6 April 2025, the statutory cap on a week’s pay—used to calculate redundancy pay and the basic award in unfair dismissal cases—will rise from £700.00 to £719.00.

This change increases the maximum basic award for unfair dismissal claims to £21,570.00 (calculated as 20 × £719 × 1.5).
The maximum compensatory award for unfair dismissal will also increase, moving from £115,115.00 to £118,223.00.

Statutory redundancy pay

From 6 April 2025, the maximum amount of statutory redundancy pay an employee can receive also increases due to the updated weekly cap:

Redundancy pay is calculated based on age and length of service:

Half a week’s pay for each full year of service under age 22.
One week’s pay for each full year of service between ages 22 and 40.
One and a half weeks’ pay for each full year of service aged 41 and over.

The maximum number of years that can be taken into account remains 20.

This means the maximum statutory redundancy payment will also be £21,570.00.

April 2025: Other key rate changes

National minimum wage and national living wage

Effective from 1 April 2025, the following new hourly rates apply:

Age 21 and over (National living wage): £12.21 (up from £11.44)
Ages 18–20: £10.00 (up from £8.60)
Ages 16–17: £7.55 (up from £6.40)
Apprentices: £7.55 (up from £6.40)
Accommodation Offset: £10.66 per day (up from £9.99

Statutory sick pay (SSP)

From 6 April 2025:

SSP increases from £116.75 to £118.75 per week
The minimum earnings threshold to qualify rises to £125.00 per week (up from £123.00)

Family friendly payments

Also taking effect 6 April 2025, the weekly maximum rate for the following statutory payments increases from £184.03 to £187.18, or 90% of average weekly earnings if lower:

Statutory Maternity Pay (after the first 6 weeks)
Statutory Paternity Pay
Statutory Shared Parental Pay
Statutory Adoption Pay (after the first 6 weeks)
Statutory Parental Bereavement Pay

The earnings threshold for these payments also rises to £125.00 per week.

Maternity Allowance will similarly rise to a maximum of £187.18 per week, provided eligibility criteria are met.

Pending: 2025 Vento band updates

At the time of writing, the updated Vento bands (used in discrimination claims for injury to feelings awards) have not yet been announced. These are expected by the end of March 2025 and will also take effect from 6 April 2025.

A note on inflation

The £19.00 increase to the weekly pay cap in 2025 is notably smaller than in previous years (compared to £72 in 2023 and £57 in 2024), reflecting the recent decline in inflation. Employers should still review and update internal policies and redundancy packages in line with the new limits.

Our team can help

These updates impact both employers and employees, particularly in cases involving redundancy, dismissal, or family-related leave. Our employment law specialists at Tees Law are here to guide you through these changes and ensure your workplace policies, contracts, and practices are compliant and up to date.

Whether you’re navigating a redundancy process, reviewing contracts, or managing a tribunal claim, our expert team is here to support you every step of the way.

Get in touch with our Employment Law team for tailored legal advice.

Raising awareness of childbirth trauma

Posted on 24 March 20251 April 2025 by Sarah O'Sullivan

Bringing a child into the world should be a joyful time for mothers and their families, but sadly childbirth is not always such a positive and life-affirming experience.

Birth Trauma Awareness Week (14th – 20th July 2025), an initiative from The Birth Trauma Association (BTA), highlights the issues faced by mothers who have suffered a traumatic birth.

A difficult birth can be a traumatising event for new mothers. It can effect mental and physical health, and a mother’s ability to bond with her baby. Sadly, it’s all too common for women to experience birth trauma. One woman’s account of her traumatic birth experience was recently shared over 90,000 times on social media – with many more similar stories on the web.

How we can help

Many mothers suffering from postnatal PTSD are unaware that they may be able to make a claim for negligent treatment received during childbirth. We have a strong track-record of helping women who have experienced birth trauma. We can help them get answers about what went wrong, as well as financial compensation. We’ll talk through with you what happened in your case, and offer you the advice you need.

Call our Medical Negligence experts on 0800 015 1165, for a free, confidential, no obligation chat, or fill out our online enquiry form and we’ll let you know how we can help.

What is birth trauma?

Trauma can result from a range of events experienced during childbirth and postnatal care. They include:

Poor or negligent treatment by staff
Inadequate pain relief
High levels of medical intervention
Emergency deliveries
Unplanned caesarean sections or other medical procedures
Loss of dignity and control
Stillbirth or birth of a damaged baby (a disability resulting from birth trauma).

Mothers can also experience trauma through feeling that their concerns were not listened to, acted upon, or taken seriously.

According to research from the BTA, up to 20,000 women a year have a traumatic birth experience. Many go on to suffer long-lasting impacts on both their physical and mental health. And it’s not just the mothers involved who suffer: partners can also experience post-traumatic stress disorder after witnessing a traumatic birth. Clearly, this can be a major problem for families, and one that currently doesn’t always receive the attention and resources it needs.

One of the reasons many mothers suffer in silence is that they feel they have no right to feel traumatised if they leave hospital with a healthy baby. Often, women who do come forward are misdiagnosed or find that their symptoms are not taken seriously. As a result, many mothers suffer long after the birth of their children – and they don’t receive the treatment they deserve.

Birth Trauma Awareness Week

Patient groups, including the BTA, are concerned that the NHS is failing to make improvements in maternity services, and that cases of negligence or poor treatment are too often being swept under the carpet.

A report conducted at the beginning of the year by the National Childbirth Trust found that a chronic shortage of midwives across the UK left many women feeling unsafe and frightened during childbirth, and reported a marked increase in ‘red flag’ events. A red flag problem is defined as a warning sign that something may be wrong with midwifery staffing.

Birth Trauma Awareness Week aims to highlight the issue of traumatic birth and postnatal Post Traumatic Stress Disorder (PTSD). The BTA offers support to women who are suffering from the after-effects of a traumatic birth, and actively campaigns to change those practices that contribute to postnatal PTSD.

What to do if things go wrong

Many mothers report feeling that their poor experiences don’t matter, and they should put the memories of a difficult delivery behind them. However, that is easier said than done, and PTSD is now widely recognised as a very serious and often debilitating complaint that deserves proper investigation and appropriate treatment.

Birth trauma also includes a number of physical complications during childbirth. For mothers, one of the most common issues is tearing during delivery. Tears vary in severity, and if they’re not identified quickly and dealt with effectively, they can cause long-term problems. Due to the nature of this physical trauma, mothers can experience issues in their relationship, return to work and their everyday lifestyle.

As there is currently no routine follow-up of mothers who have suffered traumatic births, if you have suffered physiological and psychological reactions following childbirth, your first step should be to make an appointment with your GP. Current NHS guidelines recommend cognitive behavioural therapy (CBT) which can offer help with psychological problems in some cases.

A Guide to a Coroner’s Inquest

Posted on 24 March 20251 April 2025 by Sarah O'Sullivan

If you or your family are facing a coroner’s inquest, you don’t have to navigate the process alone. At Tees, we understand how important it is for families to have a thorough investigation into their loved one’s death. Our experienced team is here to offer compassionate guidance, support, and legal representation.

What is a coroner’s inquest?

A coroner’s inquest is a formal investigation into a death. It is held in specific circumstances, including when:

The cause of death is unknown.
The death was violent or unnatural.
The deceased was in custody, state detention, or detained under the Mental Health Act.
the death occurred as a result of a medical procedure/treatment.

Inquests are not designed to assign blame or responsibility but rather to determine the identity of the deceased, as well as when, where, and how they died.

What is an Article 2 inquest?

An Article 2 inquest is a more in-depth investigation held when the state may have failed to protect someone’s life. These inquests often involve deaths in custody, psychiatric hospitals, or other situations where the state played a role.

Prevention of future death reports

Following an inquest, a coroner can issue a Prevention of Future Death Report (PFD) if they identify risks that could lead to further deaths. These reports are sent to relevant organisations or individuals, recommending changes to prevent similar incidents.

Understanding the role of a coroner

A coroner is an independent judicial officer with legal qualifications and significant experience. Their role is to investigate sudden, unexplained, or unnatural deaths. Coroners can request post-mortems, gather evidence, and conduct inquests to establish the facts of a death.

Post-mortems: What to expect

A post-mortem, also known as an autopsy, is conducted by a pathologist to determine the cause of death. While the coroner decides if a post-mortem is necessary, they must consider the family’s views and any cultural or religious beliefs. Families can request a copy of the post-mortem report, though it may only be released after the inquest.

When will the inquest take place?

Inquests are typically held within 6-9 months of a death. During this period, the coroner will:

Gather evidence, including medical records and witness statements.
Contact the family to explain the process.
Potentially hold a pre-inquest review to organise evidence and identify issues.
Issue an interim death certificate to allow families to manage practical matters.

What happens during the inquest?

The inquest is a public hearing where evidence is presented to establish the facts of the death. Key participants include:

Witnesses, including doctors, police officers, or medical experts.
Family members, who may provide personal testimony.
Legal representatives, especially in cases involving state bodies.

The coroner may also call for independent expert opinions to ensure a complete understanding of the circumstances.

Conclusion of the inquest

At the end of an inquest, the coroner or jury will deliver a conclusion that falls under one of several categories, including:

Natural causes
Suicide
Accident or misadventure
Unlawful or lawful killing
Industrial disease
Stillbirth

In some cases, a narrative conclusion is given, providing a detailed account of the circumstances surrounding the death.

Legal representation at an inquest

Having legal representation can be invaluable, particularly if there are concerns about the care a loved one received. Our experienced solicitors can help ensure that the right questions are asked, and all relevant evidence is considered.

State bodies are often represented by legal professionals, so having your own solicitor can help provide a balanced and thorough investigation.

Contact us for support

If you are facing a coroner’s inquest and would like to discuss your options, our dedicated team at Tees is here to help. Contact us for a no-obligation conversation about how we can support you through this challenging time.

Can a Lasting Power of Attorney be abused?

Posted on 24 March 202515 April 2025 by Sophie Soraf

Frances Macdonald, Senior Associate at Tees, outlines key steps you can take—supported by your solicitor—to reduce the risk of abuse when setting up a Lasting Power of Attorney (LPA).

Is a Lasting Power of Attorney safe?

Retired senior judge of the Court of Protection, Denzil Lush, caused concern during a BBC Today programme interview when he suggested that creating a Lasting Power of Attorney (LPA) could leave individuals vulnerable to exploitation. His comments were based on cases where attorneys had misused their powers, sometimes leading to significant financial loss for the donor—including loss of savings or even their home.

Despite these high-profile concerns, LPAs remain a crucial legal tool, especially as we plan for the future. With over 2.5 million LPAs registered in the UK and 600,000 new applications made in 2016 alone, instances of abuse remain relatively rare—fewer than 1% of registered LPAs involve reported abuse.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint one or more trusted individuals—known as attorneys—to manage your financial affairs or make decisions about your health and welfare, if you lose the ability to do so yourself (known as losing mental capacity).

Many people create LPAs well before they anticipate needing them, often while still in good health. This is important because you must have full mental capacity when you create the document. If you lose capacity without an LPA in place, your family must apply to the Court of Protection for a Deputyship—an expensive, time-consuming process with ongoing annual fees.

Why create an LPA?

Without an LPA, your loved ones won’t automatically have the legal authority to manage your affairs. Having an LPA in place can:

Reduce stress and cost for your family
Ensure your preferences are followed
Avoid lengthy court applications

How to prevent abuse of a Lasting Power of Attorney

LPAs are powerful documents. That’s why it’s essential to set them up with professional legal guidance to include appropriate safeguards and reduce the risk of misuse.

Frances Macdonald, Senior Associate at Tees, explains:

“We strongly recommend that you never sign any documents—especially those prepared by friends or relatives—without fully understanding them. It’s best to seek legal advice before proceeding, even if the request comes from someone you trust.”

Tees regularly advises clients on incorporating safety features into their LPAs, including:

Requiring attorneys to maintain financial records
Instructing attorneys to seek professional advice on significant decisions
Including conditions or restrictions in the LPA document

Choosing the right Attorney

Selecting the right attorney is perhaps the most important decision you’ll make when creating your LPA. Consider:

Trustworthiness – Do you trust this person to act in your best interests?
Capability – Are they organised and financially responsible?
Willingness – Are they happy and prepared to take on this role?
Closeness – Do they understand your personal values and wishes?

Tees can guide you through this process to ensure your chosen attorney is the right fit for you.

Keep your LPA under review

An LPA is not a “set and forget” document. Frances Macdonald recommends reviewing your LPA every five years—or sooner if your circumstances or relationships change significantly.

“We encourage clients to review their LPAs regularly. This ensures the document still reflects their wishes, especially as family dynamics, health, or financial circumstances evolve.”

Regular reviews can help avoid issues down the line and provide continued peace of mind.

Additional safeguards you can add

You can include further protections in your LPA, such as:

Appointing up to four attorneys and specifying whether they act jointly or independently
Assigning attorneys responsibility for different areas (e.g. one for finances, another for healthcare)
Requiring annual reviews of your attorney’s accounts
Storing your original LPA with a solicitor who will only release certified copies upon evidence of lost capacity

At Tees, we offer a secure document storage service and can act as an impartial gatekeeper, helping to prevent premature or unauthorised use of your LPA.

Can you cancel or change an LPA?

Yes. If you still have mental capacity, you can cancel your LPA at any time by signing a Deed of Revocation. If there are concerns about an attorney’s conduct, the Office of the Public Guardian (OPG) can investigate and take appropriate action—including referring the matter to the police or applying to the Court of Protection to revoke the LPA.

Get expert advice on LPAs

Setting up an LPA with the right guidance ensures your best interests are protected and reduces the risk of future disputes or abuse. If you have any questions about making or using a Lasting Power of Attorney, please contact our experienced team at Tees.

Cerebral palsy: Medical negligence claims

Posted on 22 March 20251 April 2025 by Sarah O'Sullivan

Cerebral palsy is a neurological condition caused by brain damage, often resulting from complications before, during, or shortly after birth. It can affect movement, coordination, and overall development. While there is no cure, appropriate treatment and support can significantly improve a child’s quality of life.

Is there a cure for cerebral palsy?

There is no cure for cerebral palsy. However, individualised care plans, including therapies, medications, and assistive devices, can help manage symptoms and enhance mobility and motor function. Although cerebral palsy is not progressive, its symptoms may evolve over time.

In severe cases, cerebral palsy can be life-threatening and may reduce life expectancy, particularly when complications arise. People with severe symptoms often require round-the-clock care.

Types and symptoms of cerebral palsy

The NHS identifies four main types of cerebral palsy, each with distinct symptoms:

Spastic cerebral palsy: Stiff muscles and restricted mobility.
Dyskinetic cerebral palsy: Involuntary, uncontrolled movements.
Ataxic cerebral palsy: Poor balance, coordination issues, and tremors.
Mixed cerebral palsy: A combination of the above types.

Common symptoms include mobility issues, muscle stiffness, coordination difficulties, epilepsy, cognitive impairments, and speech difficulties. The severity varies significantly from person to person.

Causes of cerebral palsy

Cerebral palsy results from brain damage, which can occur:

During pregnancy: Due to infections, genetic abnormalities, or oxygen deprivation.
During labour and delivery: From oxygen deprivation (hypoxia or anoxia), birth trauma, or medical negligence.
Shortly after birth: Caused by brain infections, head injuries, or neonatal strokes.

While some cases are unavoidable, medical negligence can sometimes lead to cerebral palsy. Failing to monitor and respond to signs of distress during labour, misuse of delivery instruments, or delayed emergency procedures can contribute to preventable brain injuries.

Risk factors for cerebral palsy

Certain factors increase the risk of cerebral palsy, including:

Premature birth (before 37 weeks)
Low birth weight
Multiple births (twins, triplets, etc.)
Maternal infections or medical conditions
Blood type incompatibility
Placental issues

Healthcare providers should identify and manage these risks to minimize the chances of brain injury.

Diagnosing cerebral palsy

Doctors often diagnose cerebral palsy within the first two years of a child’s life, although mild cases may take longer to identify. Key developmental milestones, like head control, rolling over, crawling, and grasping objects, are closely monitored. If delays occur, further assessments, including brain imaging, may be recommended.

Making a medical negligence claim for cerebral palsy

If you believe your child’s cerebral palsy resulted from negligent medical care, you may be eligible for compensation. Our experienced birth injury solicitors can review medical records, consult independent experts, and determine whether negligence occurred.

Time limits for claims:

Claims can be made on behalf of a child until they turn 18.
After turning 18, individuals have three years to file a claim.
For those with severe cognitive impairments, these time limits may not apply.

We understand the emotional and financial impact cerebral palsy can have on families. Our compassionate team is here to guide you through the claims process and seek the compensation you deserve to support your child’s needs.

Contact us today for a free consultation and to discuss your potential cerebral palsy negligence claim.

Tees’ expertise resolves complicated divorce financial settlement

Posted on 20 March 20251 April 2025 by Sarah O'Sullivan

Underlying issues resurface to make for a complex financial case between a husband and his ex-wife.

For context:

Tees were instructed to represent Benjamin* in concluding a financial settlement with his ex-wife following their divorce. Prior to Benjamin becoming a client of Tees, he had sought legal advice elsewhere to represent him whilst going through their divorce.

It had come to light that even though their divorce was settled, the financial issues remained unresolved. Influential factors in the time that passed between the divorce and Benjamin’s legal representation from Tees are where the case faces complexities.

Throughout Benjamin’s marriage with his ex-wife, he was a stakeholder at a successful company within the motor industry. Following on from the divorce, he had since sold his shares but remained an employee, therefore earning additional shares which had vested prior to a nine-figure sale.

What happened next:

As Benjamin and his ex-wife had not reached a financial settlement at the time of divorce, it then became a question of her entitlement to the following:

the initial shares, and
any future shares.

This was complicated by the associated risk of a potential future tax liability on the shares.

With this in mind, the parties engaged in negotiations to achieve a financial settlement, in the region of a significant seven figure sum.

A multi-disciplinary service:

Financial settlement aside, Tees identified complicated inheritance and tax issues which could become expensive for Benjamin. Pulling in expertise from other areas of the business, Benjamin was provided with the correct tax and associated legal advice.

A detailed scheme was set up to protect the husband on future tax issues, contained in the financial consent order and a related Deed of Indemnity.

This case, valued at approximately £20 million, is a strong reflection of the exceptional quality at Tees. We are proud to offer our clients a comprehensive, multi-disciplinary service, drawing on expertise from a wide range of specialisms.

If you’re unsure of what to do next after a separation, our experts are here to guide you through the process.

Tees’ expertise resolves complicated divorce financial settlement

Posted on 20 March 202524 April 2025 by Sarah O'Sullivan

Complex financial case arises after divorce settlement: How tees helped one client navigate post-separation finances

Background

Tees was instructed to represent Benjamin* in reaching a financial settlement with his ex-wife following their divorce. Before approaching Tees, Benjamin had sought legal advice from a different firm during the divorce proceedings.

Although the divorce itself had been finalised, the financial matters between the former spouses remained unresolved. The time that had passed since their separation—and the changes in Benjamin’s financial circumstances—contributed to the complexity of the case.

The challenge

During the marriage, Benjamin was a stakeholder in a successful motor industry company. After the divorce, he sold his shares but remained employed by the company. As a result, he acquired additional shares, which vested prior to a significant nine-figure sale of the business.

Because no financial settlement had been agreed at the time of the divorce, the key legal question became whether Benjamin’s ex-wife was entitled to:

The original shares held during the marriage, and
Any of the shares acquired post-divorce.

Further complicating matters was the risk of a substantial future tax liability associated with these shares.

Navigating the settlement

With these factors in mind, both parties entered into negotiations. The goal was to reach a financial settlement, which ultimately was agreed in the region of a significant seven-figure sum.

A multi-disciplinary approach

In addition to the financial negotiations, Tees identified complex inheritance and tax issues that could have significant financial consequences for Benjamin. Drawing on the firm’s in-house expertise, Benjamin received tailored advice covering both tax and legal aspects of his situation.

To protect him from future tax exposure, Tees developed a comprehensive scheme, which was incorporated into both a financial consent order and a related Deed of Indemnity.

The outcome

This case—valued at approximately £20 million—highlights the value of Tees’ multi-disciplinary approach. We are proud to provide clients with holistic legal services, drawing on expertise across family law, tax, and estate planning to ensure the best possible outcome.

If you’re uncertain about your next steps following a separation, our team is here to guide you through every stage of the process.

*Names have been changed to protect client confidentiality.