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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Two years ago I returned to the UK from France with my son

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Two years ago I returned to the UK from France with my son who suffered from mental illness, because after 18 months in France we were finally told he had not right to sejour/disability benefits. We were told by UK authorities that he needed to apply for housing and to sign on with a doctor, before he was eligible for medicines or benefits. I had cared for him in France, but I was by then heavily in debt and his mental health was also deteriorating - due to the his growing lack of self-esteem and anxiety about finances.
We applied to Bournemouth Housing Needs, who initially refused to house him because he 'had a home in France'. After I agreed to say that I was 'kicking him out' they conceded to help, but I was refused temporary accommodation with him on the grounds that I was 'not a proper carer'. (I had been recognized by his local authority in London, before we went to France, but I had never applied for payment as a carer.) I had requested temporary accommodation with him, as I had cared for him full time and he was unable to care for himself. He also developed a short-term memory loss.
As he had always lived in Kensington & Chelsea, they said they'd probably refer him to there within six weeks. On the third week, I decided that we should go there ourselves
as I was having to pay for B&B hotels for myself on my credit card, running up more debt. We were met with the same treatment/arguments there and I was told they would give him a room in a hostel, but I could go back to France as I had a house there (which I couldn't sell), and they would look after him. The hostel they put him was unsuitable, as he was allowed out at night, despite the fact that they were advised to closely monitor him. They did not get his essential medication, (anti-psychotic and tranquilizers) which he had run out of and normally I made sure he took them three times a day. On the third night he was there, he left the hostel and went to the top of a block of apartments and threw himself off. He died from the fall, but the Coroner ruled out suicide, because he did not leave a suicide note. I wrote to MPs, but got nowhere.
I have been told that as the authorities have failed to give him the appropriate help and that under Article 2, where someone has a right to life and this right has been violated, then this is a breach of human rights. Can you advise me on this please.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to achieve?
Customer: replied 1 year ago.

Hello Alex,

I would like to take it to the European Court of Human Rights. I am not rich, so I was wondering about the possibility of doing it myself and what advice you could give me on doing this.

Expert:  Ash replied 1 year ago.
How much do you want to claim?
Customer: replied 1 year ago.

I haven't really thought about a figure, as I am not an expert in these matters.

Expert:  Ash replied 1 year ago.
You need to issue proceedings first and then it can be referred to the EctHR
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

I don't think you quite understood my situation. My son has lost his life through irresponsible negligence. I am not looking for petty compensation for hotel bills etc. I am interested in bringing these people to justice. If I won my case, then I would want it to run into hundreds of thousands, so that I could help people such as my son in some way with it.

Expert:  Ash replied 1 year ago.
You issue proceedings in the same way. You need to identify which Government Department(s) are responsible and issue proceedings there. It may be the Home Office or it may be particular Councils.
Does that clarify for you?
Alex
Customer: replied 1 year ago.

I am no wiser now. £3000 was a ludicrous figure. Furthermore, his is primarily about justice being seen to be done and public awareness, not merely financial losses. I was hoping to be told how to present my case, strong, key points etc; which body of government would be most liable from the information I have given you. I wanted to go straight to ECHR myself. I will have to now go to a lawyer to be advised on strength of my case and to be directly correctly.

Expert:  Ash replied 1 year ago.
I dont think that I ever suggested £3000?
You would need to sue the council itself because it was their decision. I think you have a very strong case. You can't go direct to the ECHR as you are not taking the UK to Court. It is a decision of the Local Council, not the UK itself.
Therefore the correct process is to sue the Council
Does that clarify?
Alex
Customer: replied 1 year ago.

£3000 was mentioned, but it seems to have disappeared from the texts.

Yes, it is a little clearer, but are there guidelines in presenting a case to

the ECHR.

Expert:  Ash replied 1 year ago.
Yes.
Please see:
http://www.echr.coe.int/Documents/Your_Application_ENG.pdf
Does that help?
Alex
Customer: replied 1 year ago.

Thank you. ***** find the application form I might need further assistance.

Expert:  Ash replied 1 year ago.
Sure good luck.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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