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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My disabled daughter was receiving a substantial care package

Resolved Question:

My disabled daughter was receiving a substantial care package using direct payments in the London Borough of Hackney. This worked successfully for two years but then her social worker left and was not replaced. Shortly after a new case manger for direct payments was employed who was unhappy at the light touch monitoring which had been in place for my daughter. Despite sorting out a number of difficulties, this person suspended the entire budget in April 2014 and nothing was put in in its place. The end result of this was my daughter losing her home and becoming very ill. She is now temporarily living with me, whilst she recovers. She still wants to live in Hackney where her life is. My question is whether the authority were in defaukt of their duty of care to leave a disabled person without any care for over eight months without any change in her care needs? She has osteogensis imperfecta (brittle bones) and is a user of a powered wheelchair.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Have you gotten a second opinion at all please?

Customer:

Not yet.

Customer:

I am not sure how this works. Can you answer my question?

Alex Watts :

Yes, this is a question and answer site, so we can't do work for you

Alex Watts :

But this is what you need to do:

Alex Watts :

1) Write to the Chief Officers Office at the Council and make a formal complaint

Alex Watts :

If there has not been any change in circumstances then the level of care should be the same

Alex Watts :

That department is independent of the Council and consider your complaint after they review it

Alex Watts :

They are separate from the Council and can investigate any complaint you have. They offer a free service and are found at: www.lgo.org.uk

Alex Watts :

A Court can agree with the decision or remit it back for further consideration

Alex Watts :

As these proceedings are in the High Court you would need a Solicitor which you would have to pay for as legal aid has been cut.

Alex Watts :

That is why you should go through steps 1) and 2) first.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have sent strong complaints to the managers concerned and they say they have forwarded them to their complaints department. Would this be the same independent service you are describing above, or should I contact themseparately? And what about the ombudsman?

Alex Watts :

Ok - but you need to complain to the Chief Officers office, because they need to provide you with a final response to go to the Ombudsman,

Customer:

OK thanks

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