Case Management The Legal Context

1. Case ManagementThe Legal Context Fen Parry Scottish Head Injury Forum 25th March 2011

2. Case Management ‘British Association of Brain Injury Case Managers (Originally from CMSA) www.babicm.org Case Management is a collaborative process which assesses, plans, implements, co-ordinates, monitors and evaluates options and services to meet an individual’s health and social needs through communications and available resources to promote quality cost-effective outcomes.’

3. Where do Case Managers fit in? Case Managers are usually, but not exclusively, instructed by solicitors to provide an assessment and subsequent services as part of a litigation claim.

4. The JSP model Active practitioner Clinical case management Hands on, direct involvement Advocate for client Co-ordinator of services

5. In the litigation process: A Case Manager can be… Engaged as a professional to provide a service Interviewed as a witness Instructed as an expert to provide an opinion to the court

6. Measuring the loss It is the job of the solicitor to measure the client’s loss and to restore the victim to where they were before the accident. Need can be evidenced both through reports and through provision of a case management and care service, and engagement of therapists. Case Management can be a test to see what is required.

7. Role of the Case Manager As a practitioner: To assess, plan, implement, monitor, evaluate, reassess, etc To provide support commensurate with the client’s needs

8. This can involve: • Assessment • Report writing • Ongoing case management • Support and advocacy to client and family • Liaison with a wide range of agencies from statutory, • voluntary and independent sectors • Co-ordination of services • Development of support packages • Development of community rehabilitation programmes

9. Accountability The Case Manager is accountable to the client The Case Manager takes instruction from the client’s solicitor Case Managers follow the codes of practice of their professional group and adhere to guidance provided by BABICM

10. Requirements of the medico legal process Record keeping – all CM records can be disclosable Communicating with solicitor Supporting the client through the process Attending meetings with counsel Supporting the client with medico legal appointments Contact with expert witnesses Giving evidence

11. Not only but also… While Case Managers work within a medico legal framework, we may interface with the law in other areas: Children’s Hearing/Panel system Mental Health Act/Adults with Incapacity Act/ Adult Support and Protection Legislation Criminal Law Family Law Employment Law

12. Further information BABICM – www.babicm.org Good Practice in Brain Injury Case Management. Published 2006 Edited by Jackie Parker Jessica Kingsley Publishers. www.jkp.com www.casemanagement.co.uk

13. Contact JSP Scotland Second floor, 2 Commercial Street, Edinburgh EH6 6JA Tel: 0131 554 8970; fax 0131 555 2111 enquiries@jspsc.co.uk fenparry@jspsc.co.uk bobferguson@jspsc.co.uk www.casemanagement.co.uk