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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70535
Experience:  Over 5 years in practice
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Hi my late mothers nursing home will not let us have her records,

Customer Question

Hi
my late mothers nursing home will not let us have her records, we have been asking for 3 years now and the owner says now hes lost them, when she died there was a case confrence a year later in 2012 in which the PCT had put down severe neglect, QCC have not helped at all and social services changed the things they had said.

She was abused in the nursing home in2010 she was taken to hospital and stayed there for 9 weeks then social services sent her back to the home only for 6 days and back to hospital thats where the out come was neglect, the abuse was brushed under the carpet, and social services with held information but came out at the case confrence, can you help please Lynda
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

In what way are the lawyers "trying". Are they simply writing letters?
Customer: replied 3 years ago.


Hi Joe


 


The lawyers have been writing to the owner and the manger of the N/Home for now 2half years and also CCQ which keep changing the person in which you been intouch before, CCQ l spoke to them they said they would see if they could get the records if they went there for something else, the lawyers rang CCQ and yet another person they had to speak to who did not know off anything which was going on The.N/Home have destroyed records to hide the evidence what went on I kept saying to social services l what the truth, the manger of the n/h did not even put in in the book to say my mother there was a lncident in which a doctor sent her to hospital for 9 weeks with aislocated shoulder she could not use her arm and went down hill fast.


 


AT the case conifrence the chair person said to S/S why wasnt the police involed they said nothing you could see the N/H manger and S/S where together, the mange left quick from the nursing in 12/2012

Expert:  Jo C. replied 3 years ago.
Thanks

I cannot immediately see any reason why this should have been waiting for 2 1/2 years.

It is relatively easy to make an application to court for "pre-action disclosure" and legal costs which is something the solicitor should already have threatened.

If the information is not forthcoming, make the application to court and asked the court to award costs against them.

However if the information has genuinely been destroyed inadvertently, they simply cannot produce stuff which no longer exists.

Remember also that they can lie and say it has been destroyed even if it has not and unless you have some proof that it has not been destroyed, your court application will have been a waste of time and money

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi Jo


 


The care home also has a hard disc in which they put the records on as well, so are you saying that he will get away with this sorte of thing again.


He only lost the Records when the laywer said they were taken action on the abuse.


Lynda


 


 

Expert:  Jo C. replied 3 years ago.
Your solicitor can apply in addition to the application for disclosure for an injunction to prevent them moving or doing any work on the computer if the court think that there is a risk they would delete things from the hard disk.