Injury to children Children's severe head injury claims for criminal injuries compensation Neil Sugarman and Ivor Levy offer advice on presenting claims for compensation where the injury is to a childThe trial in the USA of the British nanny Louise Woodward put the spotlight on cases involving injuries inflicted on very young children.

Cases involving events of the kind alleged against Louise Woodward are all too frequent in this country.Consider the following: A male child, now aged six, was subjected to constant shaking at the age of one month resulting in severe spastic quadriparesis; he has little sense of the world around him.

He is unable to make voluntary movements and suffers from total blindness with epilepsy causing daily seizures.

He has emerging skeletal deformity and is totally dependant on others for daily needs with a life expectancy to 40 years.This is a true instance where the most horrendous assault has been perpetrated by a natural parent against his or her child.

There are countless other examples.In very many of these cases, the children in question will qualify for an award of compensation to be made either under the former Criminal Injuries Compensation Scheme which came into force on 1 August 1964 and was revised on 1 February 1990, or alternatively, under the scheme enacted by the Secretary of State under the Criminal Injuries Compensation Act (CICA) 1995 effective from 1 April 1996.

It is almost certain that many potential claims have 'slipped through the net'.

Very often responsibility for submitting a claim will have fallen either on the relevant local authority having taken a child into care, working in conjunction with foster parents or alternatively, in subsequent years, the adoptive parents themselves.In any event, what is clear is that handled with an appropriate specialist team approach, awards can be extremely substantial - see Re Dominic Waller (Personal & Medical Injuries Law Letter, 9 December 1997) - where a provisional award was made by the Criminal Injuries Compensation Board (CICB) sitting at Nottingham including general damages of £95,000 and a total award of £438,750 with leave to return for a further award in the light of changing care requirements.

There are many recorded awards in excess of £1 million.There are two crucial factors in ensuring that catastrophically injured children are compensated so as to be able to be looked after properly for life: awareness of the entitlement to claim by those with parental responsibility and the relevant expertise to present the claim to the CICB or CICA.

In particular, under the 1990 scheme (of which there are still many claims pending ) it may well be that inexperienced solicitors, or solicitors who are experienced in dealing with relatively routine personal injury claims, may find themselves consulted.

It is extremely important that they recognise the requirement for a single-minded and specialist approach to the presentation of the claim.

There are many similarities to the conduct of a serious head injury claim through the courts.

The ultimate award will still comprise the normal heads of general damages, special damage to the date of the award, and future loss.

Nevertheless, it is imperative that the solicitor is fully aware of all the component parts that contribute to each head of claim and the innovative thinking which is so important in the formation of the law of damages in cases of the utmost severity.

It is equally important to be aware of the format for the ultimate hearing.Although the board has the power to make an award by a single member, it is almost imperative that there is an opportunity for presentation of evidence to a full hearing, usually comprising three members.

Although the board advocate will advise and assist the sitting members, the assessment of any compensation is non adversarial and will usually take the form of a dialogue between experienced leading counsel and the board members, with input if called for from the foster or adoptive parents.The compilation of evidence in itself is crucial.

Whilst the board will obtain preliminary medical evidence, the onus of proving the entitlement is on the claimant not on the board.

The conducting solicitor will need to ensure full and considered evidence from relevant medical, care, accommodation and employment experts is produced.

An exceptionally full and comprehensive statement from the foster or adoptive parent or carer can be very helpful, usually supported by a short video showing aspects of the infant's day to day life.

The evidence should then be compiled in a properly paginated and numbered bundle supported by a comprehensive schedule of claim with the relevant deductions ie, adoption allowances and future benefits.

This should then be submitted to the board well in advance of the hearing.Innovative thinking is also necessary once the quantum has been determined by the board.

It is essential that the award is invested so as to provide an optimum return throughout the expected lifetime of the claimant.

Frequently expensive aids and equipment will be required and again it is essential that a programme is compiled which will ensure payment for these items.

In conjunction with expertise from the legal profession it is essential for financial expertise to be input into the case and the structured settlement has emerged over the last few years as a crucial weapon in the armoury of the experienced practitioner.

The CICB or CICA will expect this to be considered.

Immediate payments can be arranged to cope with the present care regime and these can be enhanced by deferred payments which commence as and when care requirements increase.

In addition, essential items of aids and equipment can be guaranteed to have cash availability at pre-determined stages in the future.

A very careful assessment of the actual requirements of each claimant is necessary and a bespoke financial settlement arranged to suit the exact needs of that claimant.

There are few financial advisers with genuine experience of advising in exceptionally serious cases, and it is essential that the solicitor consults with one of these few firms.Practitioners should be aware of and wary of the responsibilities that they have to help these unfortunate young children rebuild what is left of shattered lives and to ensure that the profession plays its part in helping them to do this.