Client Support and Rehabilitation Service: When joined-up support matters most

The Client Support and Rehabilitation Service (CSRS) is a complementary in-house service within the Injury Services Group at Ashtons Legal, which supports our clients and their families in guiding them through their rehabilitation journey and provides them with access to all the services they need in the community.

Sometimes, the repercussions of medical negligence or an accident can be long-term. Sadly, in some cases, this can lead to someone losing mental capacity, meaning they can no longer manage their property and financial affairs and so may need the support of a professional deputy.

Unlike a ‘lay deputy’ (a family member or friend), a professional deputy is an individual or an organisation appointed by the Court of Protection to manage the financial, property, and sometimes personal affairs of someone who lacks the mental capacity to do so for themselves.

A professional deputy is usually appointed by the Court of Protection when a compensation award is substantial, the case is complex, and the Court decides that this is best managed by a professional.

Within the Injury Services Group at Ashtons Legal, we have a dedicated Court of Protection (CoP) team that specialises in professional deputyship work.

One of the duties of a professional deputy is to conduct an annual benefit check for their clients to ensure they are receiving all the welfare and disability benefits to which they are entitled. Ashtons Legal CoP team can access the services of CSRS to help them deliver against this obligation.

Case study

Client A went into hospital for an operation on their Achilles tendon and as a result of medical negligence, suffered hypoxia (low oxygen in the body) and subsequent brain damage.

Their medical negligence lawyers were rightly able to secure a considerable sum of money for them, which needed to be managed carefully to ensure sufficient funds were available for the rest of their natural life.

A professional deputy was appointed by the Court of Protection in this case and after some time an Ashtons Legal professional deputy took over the role and instructed CSRS to assist in conducting a benefit check.

Client A was entitled to claim benefits in addition to their personal injury compensation as their award was held under the Court of Protection and so is deemed to be held in trust, ringfenced and protected in a trust bank account.

CSRS identified that the client was not receiving a Severe Disability Premium (SDP) as part of their Employment and Support Allowance (ESA) benefit, and worse, that the premium had not been paid to the client over several years.

CSRS contacted Client A’s family to collate historical benefit documentation. Once the paperwork had been analysed, CSRS instigated a claim for SDP with the Department for Work and Pensions (DWP), and the premium was awarded to Client A in 2024. The DWP did not agree to pay the sums owed since 2017, however.

After doggedly pursuing a year-long appeal process, the DWP conceded that it had made an error in 2017, and CSRS were able to successfully recover £ 22,715 on behalf of Client A, demonstrating that effective collaboration between services in the Injury Services Group ensures we achieve the best possible outcomes for our clients.

Contact our court of protection lawyers today

CSRS aims to provide support across a wide range of areas, and our CoP professional deputies can access this support for their clients when needed during their time as a client of Ashtons Legal LLP, where identified as appropriate and agreed upon between CSRS and the professional deputy.

If you believe we can assist with looking for a professional deputy, please contact our Court of Protection team on 0330 191 4835 or fill out our online enquiry form.

Our experienced team of lawyers will be able to offer advice and guide you through every step of the claims process, and our in-house Client Support and Rehabilitation Service can help to support you through your recovery.