01482 778 463
Hudgell Solicitors™ | Latest News | Government taking unnecessary risk with ‘hidden’ rehabilitation reforms

Government taking unnecessary risk with ‘hidden’ rehabilitation reforms

Amanda Stevens Hudgell Solicitors


The Ministry of Justice could achieve reform of the way rehabilitation is provided to injured people without the unexpected and dangerous reforms hidden away at the back of its recent consultation on reforming personal injury claims, leading law firm Hudgells has said.

Simply making the Rehabilitation Code – an approved framework for injury claims – compulsory, rather than voluntary as at present, would address any concerns that may exist.

While the focus of attention since publication of the consultation, Reforming the soft-tissue injury (whiplash) claims process, has been on the increase in the small claims limit and restriction or removal of damages, it also asks for views on measures to reduce the potential for fraud in rehabilitation and cut financial links between solicitors and rehabilitation providers.

However, the consultation paper cites no proper evidence of problems, referring just to concerns that have been raised “by a number of sources” and to “anecdotal evidence”.

The options for reform include drastic measures such as requiring claimants with low-value claims to fund any rehabilitation costs – like a course of physiotherapy – themselves, rather than have them paid by the party who caused the injury. This could lead to claimants not seeking the help they need and their injury persisting for longer than necessary or turning to the NHS instead at the expense of the taxpayer.

Remarkably, the consultation paper makes no mention of the Rehabilitation Code, which enables claimant representatives and compensators to work together on rehabilitation.

The code was agreed, and is periodically reviewed, by a working group that includes representatives from the International Underwriting Association of London, the Association of British Insurers, primary insurers, legal groups, care providers and the NHS.

Amanda Stevens, group head of legal practice at Hudgells and a prime mover behind the Rehabilitation Code, says: “All sides of the personal injury industry have co-operated to create a way of delivering rehabilitation that works for the injured person first and foremost, but also the paying party, lawyers and providers.”

The code, which was only revised last year, contains industry-agreed safeguards to ensure compensators are not forced into accepting a course of treatment or cost they are unhappy with, so I cannot understand why the Ministry of Justice is contemplating drastic reform to address an unspecified potential for fraud.

“There is a simple and quick win here – while the Civil Procedure Rules recommend the Rehabilitation Code, its use remains voluntary. Making the code a compulsory part of the claims process will ensure that best practice is adhered to by all, without the need for the Ministry of Justice to take risks with the recovery of claimants from their injuries.”

The government consultation can be found here. The section on rehabilitation is on pages 38-40, paragraphs 138 to 145.

No Comments

Leave a Reply

*Required

The Author

author image

Amanda Stevens

Senior Solicitor, Chief Executive

ajs@hudgellsolicitors.co.uk

Request a callback

Request a callback from a solicitor

 I am an existing client.









Looking to see if you're eligible?

Get in touch for free legal advice

0808 159 7699

Call today to speak to an expert

OR
Start your claim

What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very professional helpful and very…

"Very professional helpful and very friendly ."

Mr Luke Webb

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very happy with the fast service…

"Very happy with the fast service provided by Lauren at this firm. Always there to… "

Emma

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Made it very easy

"Made it very easy"

Mr Connor Robson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Really good service!

"Really good service!"

Mr Tharsan Uthayaseelan

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Good Experience

"Very good experience with this firm and my excellent lawyer, definitely a firm I will… "

Ms Asha Joyce

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Highly recommended,very helpful and…

"Highly recommended,very helpful and good customer service, they are a company that really care and… "

Mr Robert Edward Palmer

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Rebecca Cone looked after my claim and…

"Rebecca Cone looked after my claim and I would like to say that she was… "

Anthony Lyell

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors

"Hudgell Solicitors. Was very helpful in dealing with my case. With the road accident I… "

Mr Anthony Navier

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell Solicitors dealt with our dental negligence claim

"Hudgell Solicitors dealt with our claim very professionally, keeping us up to date at every… "

Fiona lamb

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great service

"Great service"

Mr Ian James Bedingfield

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

was very good and deal with my case

"was very good and deal with my case"

Miss Diane Rastall

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Amazing service, would definitely recommend 😊

"Amazing service in all aspects of my case and very understanding of the situation. Made… "

Miss Laura Delaney

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service would use again

"Excellent service would use again"

Mrs Debbie Morrison

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent Service

"Sam Thompson provided an excellent professional service in my medical negligence claim. Hudgell's kept me… "

HS

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Good efficient service by Sara Kidd

"Good efficient service by Sara Kidd. Thank you."

Mrs M

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

1st class service

"Excellent service throughout the process. Always kept me informed of developments by phone or post.… "

Miss Claire Milburn

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgells solicitors a sure win

"I would certainly recommend hudgells solicitors to anyone wanting to file a claim for medical/dental… "

Joanne Pendlebury

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I would definitely recommend Hudgell …

"I would definitely recommend Hudgell Solicitors to family and friends. My family”s whole experience from… "

Allison Kienlen

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I have found the service to be Excellent

"I have found the service to be excellent, always return calls & emails promptly &… "

Mr Simon Hunt

Rated 9.3 out of 10 based on 412 reviews

Powered by Trustpilot

Our offices

London

55 Fleet Street
EC4Y 1JU

VIEW DETAILS

Hull

No 2 @ The Dock
46 Humber Street
HU1 1TU

VIEW DETAILS

Leeds

10 Park Place
Leeds
LS1 2RU

VIEW DETAILS

© 2018 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90