Understanding Acquired Brain Injury - 
Additional resources for seminar and webinar delegates

Below are links to articles and documents that Headway groups may find helpful when seeking funding for services or individuals. A lot of this will be known to you already but I thought it worthwhile pulling it all together in one place. Some are academic articles some are more accessible reports etc. There is also links to guidance documents and to legal factsheets. We hope that you find this useful and ask that you do not hesitate to share this document if you think somebody could benefit from the information within.

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The interrelationship of functional skills in individuals living in the community, following moderate to severe traumatic brain injury:

This is an academic article that identifies that poor levels of insight are associated with individuals being less likely to achieve more complex tasks that require higher levels of planning and responding to feedback

LINK:  https://www.tandfonline.com/doi/full/10.1080/02699052.2018.1539762

Factors influencing community case management and care hours for clients with traumatic brain injury living in the UK

This is an academic article that identifies that issues such as reduced insight and poorer executive skills (planning, decision making etc) are associated with higher use of case management services. For those without access to case management this would indicate that family members or headway services are more likely to spend more time trying to “manage” individuals lives/behaviour if they lack insight/have executive problems

LINK: https://www.tandfonline.com/doi/full/10.3109/02699052.2016.1146799

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Long term care needs following Acquired Brain Injury: Final report

This is a report upon views of services for people with a brain injury, highlighting positive and not so positive experiences.

LINK:  https://www.researchgate.net/publication/323015119_Long_term_care_needs_following_Acquired_Brain_Injury_Final_report

Making the Abstract Real: Acquired Brain Injury and Mental Capacity. A report making recommendations following the House of Lords Select Committee review of the Mental Capacity Act

This report was in response to the House of Lords report on the Mental Capacity Act, identifying significant difficulties for people with a acquired brain injury with assessment of capacity when difficulties were often missed.

LINK: https://www.researchgate.net/publication

Acquired Brain Injury and Neurorehabilitation
Time For Change: All-Party Parliamentary Group On Acquired Brain Injury Report

Recent report to parliament regarding the state of neuro-rehabilitation and the need to look at this, at education, at welfare benefits and sports injuries.

LINK: https://www.ukabif.org.uk/wp-content/uploads/2018/10/1533_40pp_APPG-on-ABI_Report_Time-for-Change_2018_AW_SINGLES_WEB.pdf

Mental Capacity Act (2005) assessments: why everyone needs to know about the frontal lobe paradox

This article looks at difficulties that families and people affected by ABI have when mental capacity is affected. It has been recognised that much of ABI is hidden and assessments need to take account of this or else will be inaccurate.

LINK: https://www.researchgate.net/publication/324899681_Mental_Capacity_Act_2005

Decision Making and Mental Capacity

These NICE guidelines are important as they identify that people with an ABI can be mis-assessed if the assessor just listens to what is said and not what is done by the person with a brain injury. They also note that the assessing person needs knowledge of the condition that they are assessing.

You can therefore insist that brain injury specialists inform the assessment process.

LINK: https://www.nice.org.uk/guidance/ng108

Care Act Statutory Guidance:

This is an important document if you, your client or your family member is being assessed under the Care Act.

Paragraph 6.3 of the Care Act Statutory Guidance specifically identifies that those undertaking Care Act assessments must have the "right skills and knowledge" to perform this role and paragraph 6.4 notes that assessment may require the input of a number of professionals (specialists in brain injury for example.)

Paragraph 6.28 of the guidance places a duty on Local Authorities to ensure that those undertaking Care Act assessments "have the skills, knowledge and competence to carry out the assessment in question"

Paragraph 6.43 identifies that assessments can be informed by tools such as the Brain Injury Rehabilitation Trust's assessment tool, the BINI

You can therefore insist that brain injury specialists inform the assessment process.

LINK: https://www.gov.uk/government/publications/care-act-statutory-guidance/care-and-support-statutory-guidance 

National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care guidance

If you, your client or your relative is being assessed for "continuing care funding" paragraph 126 states:
"It is important that those contributing to this process have the relevant skills and knowledge. It is best practice that where the individual concerned has, for example a learning disability, or a brain injury, someone with specialist knowledge of this client group is involved in the assessment process"

You can therefore insist that brain injury specialists inform the assessment process.

LINK: https://www.events.england.nhs.uk/upload/entity/30215/national-framework-for-chc-and-fnc-october-2018-revised.pdf

Legal Help:

Despite you, your client or your relative having rights enshrined in law, sometimes these do not seem to be taken account of and the help of a public lawyer is called for. Legal Aid can be available for this and often one well-worded letter from a legal expert can work wonders.

There are a number of very reputable firms who undertake this work. The link below is to one, it is not a recommendation, there are other firms too, however this organisation has provided template letters and factsheets that you may find helpful. This is free-of charge.

LINK: https://www.irwinmitchell.com/personal/protecting-your-rights/factsheets-and-template-letters