How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a disabled lady who receives help from a community care

Resolved Question:

I am a disabled lady who receives help from a community care agency in my home for my personal needs,Recently my health has got worse and i have needed additional care but because the manager of the agency has personal grudges against me and discriminates against me for not yet having a formal diagnosis for my disability she refuses to help me further.She is discussing my personal problems and situations with people when i thought that all my information was supposed to be confidential.I have been left in bed now for 9 days,no one from the agency has bothered with me,i have sores on my back and other areas which they are aware of but have done nothing about.I am expected to loose my dignity by letting my teenage boys put me on the toilet or,urinate on pads on my bed and sit in it until someone comes in to change it or be catheterized against my will because they say so and i refused.Even when i called in my doctor she was shocked that they had even suggested such a thing when it is completely unnecessary.I have done nothing wrong to this woman for her to discriminate against me in this way and this is only a portion of it but if i am being treated like this what are the older people that can't say anything being treated like.Please can you help me,i need to know where i stand and what i can do,what my rights are.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Who provides the care, is it the Council please?

Customer:

Hello it is a company that is registered by the local authority

Alex Watts :

Ok - have you complained to the Local Authority?

Alex Watts :

Who is paying for the care?

Customer:

The local authority are no help what so ever.I have tried speaking to my care manager but to no avail.My care is being paid for by them aswell.

Customer:

I have carers that come into my house telling me things that have been discussed with them about me and it is all slanderous

Alex Watts :

What is it you want to achieve?

Customer:

AS i said i want to know my rights.I want her punished for the way she has treated me and the bad name she has given me and the way she has made me look to people.Just because it is care in the community people should not be allowed to treat others this way.Care is Care and if you take on that role and responsibility you should fulfill that role and the responsibilities that come with it.The level of care i have not received is appalling.

Alex Watts :

You should write a formal complain to the Chief Executives Office at the council.

Alex Watts :

They consider complaints for providers and are independent of the care team

Alex Watts :

That office will report back to you and confirm their findings.

Alex Watts :

You should also raise that your medical issues have been discussed as this is a breach of the Data Protection Act

Alex Watts :

If you are not happy with their response and you must write to the Chief Executive Office then you can take it to the Ombudsman

Alex Watts :

They offer a free, independent service and their website is: www.lgo.org.uk

Alex Watts :

You can also then complain to the Information Commissioner about your medical issues being discussed as this is a breach of the Data Protection Act

Alex Watts :

Their website is: www.ico.gov.uk - they can investigate the data protection issues and prosecute where necessary.

Alex Watts :

Finally you can complain to the Care Quality Commission

Alex Watts :

They regulate the care providers and can consider complaints.

Alex Watts :

Like the LGO they consider complaints for providers. Their website is: http://www.cqc.org.uk/

Alex Watts :

But these are the steps you should follow

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

In the mean time though will she still be able to continue to manage care for vulnerable people,will she be suspended pending them looking into this case

Alex Watts :

Well that depends on the CQC

Alex Watts :

They could suspend and conduct an investigation

Alex Watts :

Again the Council may suspend them or this person for caring for you whilst they investigate

Customer:

As mentioned before this lady seems to have some kind of personal vendetta against me and as i have been told i haven't been the only client that this has happened to.I have recently as in today been informed that she has been speaking to the carers accusing me of overdosing myself on my medication during the day when i don't have any care,even when the carers administer my medication to me when they come and document it all on a MAR sheet.I ca assure you that this is not the case and never has been.I have 4 children at home and enjoy being a mum to all of them. It isn't fair she seems to be going to what ever lengths she can to make life even harder for me and this needs to be taken in hand because this is also harassment.

Alex Watts :

I agree. This is why you must complain to the Councils Chief Executive Office, the Information Commissioner and Care Quality Commission

Customer:

Is there anything i can do in the mean time i.e over the weekend about my care to get the care that i should have to help promote my dignity so i don't have to have my son's pulling my knickers down because i need help and she is refusing it.I sit here crying in tears most days this is hurting me so much and each day she is making things harder and worse for me.All because i don't have a diagnosis but if the doctors haven't found it yet there is not much i can do about that.

Alex Watts :

Over the weekend no - apart from refusing to let them in

Alex Watts :

If this was a working day you would have more time

Alex Watts :

But you need to contact the agencies I have told you about Monday

Alex Watts :

Does that help?

Customer:

do you know roughly how long these complaints take to be processed

Alex Watts :

I don't it really depends on if there is an admission by the carer or its denied and its fully investigated.

Alex Watts :

It may be some months

Customer:

I don't really want to get the carers in trouble as it may affect their job so i suppose it is my word against hers.In your opinion do i have a chance of getting anywhere with this doing it without involving the carers,seeing as she is a professional person and i am not,will they take this seriously

Alex Watts :

You have 2 choices then:

Alex Watts :

1) Carry on and let it continue

Alex Watts :

2) Make a complaint and get it stopped

Alex Watts :

There are no other choices, but I had assumed because you had posted here you wanted to do something about it, or was I mistaken?

Customer:

No you weren't i do need to speak up if not just for me but for others aswell and to prevent this from occuring again.Thankyou so much for your help,i will get on to this first thing Monday and do all my draught work over the weekend.Take care have a nice weekend.

Alex Watts :

I am happy to help

Alex Watts :

Can I clarify anything else for you today?

Customer:

I am happy with everything you have advised thankyou.

Alex Watts :

Great. If I could invite you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and other Law Specialists are ready to help you