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 Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

How do I take the social services to court please? S

Customer Question

Hi how do I take the social services to court please?
Scott
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified solicitor.
Please could you elaborate more on the matter so that I can assist you.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please
Clare
Customer: replied 1 year ago.
The social services have not followed procedure, frozen my mothers bank account (may 2015) and have only given her £120 since to live on, this was posted in an envelope on two occasions £60 at a time with a note. No signature required
Expert:  Clare replied 1 year ago.
Hi
On what basis have Social Services taken over her account?
Clare
Customer: replied 1 year ago.
Ok my mother is suffering from dimenture and as there is just my mother and I she blamed me for all of the unexplainable things that were happening and told SS she didn't trust me. Instead of informing me of the situation they took her word as gospel dispite knowing she had dimenture and nobody else to blame.
Expert:  Clare replied 1 year ago.
Hi
Where does your mother currently live?
Clate
Customer: replied 1 year ago.
She lives in her own house, I live opposite and call in at 8.30 am, 12pm, 3pm, 6pm and 9pm I have been paying for her since May. To be fair well before May but since May I have kept all reciepts
Expert:  Clare replied 1 year ago.
have you met with Social Services at all?
Customer: replied 1 year ago.
Yes I got them a key cut, informed them mums bank was OD became an appointee with DWP went bank with mum to be told account frozen. Have complained to local council, independent case examiner and will e seeing local MP on Friday. Unfortunately it's beyond talking to these ppl, so I want to take them to court and let a judge decide. It's nothing short of abuse what they are doing. Last conversation was that Barclays ate refusing to unfreeze the account unless I call into the bank with my mum. This is a mission in itsself
Customer: replied 1 year ago.
This is how I would have thought procedure would have been. SS are informed of a vunerable adult, they would check to see if there is next of kin, if so they would contact NOK and introduce themselves and work with NOK to put the best package of care togeather. Would that be fair to say? I believe that I cannot qualify for legal aid hence why I paid to speak to someone on this site. If I have to do this by myself I need to know what steps to take so I can take this matter to court. Please help me
Customer: replied 1 year ago.
Ok Claire if you last reply was your final response then I would like a refund please as you have not answered my question satisfactorly.
Customer: replied 1 year ago.
Have we finished talking?
Expert:  Clare replied 1 year ago.
Hi
My apologies - we are all working lawyers and I had a meeting this morning
You mention that your mother has Dementia.
Has she ever signed a Lasting Power of attorney?
Clare
Have you applied for a funding assessment?
Clare
Customer: replied 1 year ago.
Yes she signed POA but I didn't include payment and the forms have since changed. I'm unsure if she is now capable so court of protection forms arrived today. No haven't applied for funding. Sorry for my impatience I'm at the end of my tether
Expert:  Clare replied 1 year ago.
I understand - it is so hard dealing with Social Services that you sometimes feel it must be deliberateSo no Power of Attorney.What assets and income does your mother have?
Customer: replied 1 year ago.
She owns her house and I estimate around £8000 in the bank. This was all done without proof, I will never rip my mother off I run a business I established in 2006 not my best idea as it just scrapes by but it's established and I enjoy it as do my customers read my reviews Bullets bike shop. I'm totally offended by what they have done and my mother feels like she has been stripped of her dignity. It's now beyond mediation and both my mother and I will be seeking compensation
Expert:  Clare replied 1 year ago.
Just to check - you do not think that she has sufficient mental capacity to sign a further Power?
Customer: replied 1 year ago.
Well I asked her a cpl weeks ago and she got q wrong however I asked yesterday and she knew she has good days and bad days
Expert:  Clare replied 1 year ago.
Have you spoken to her Doctor?
Customer: replied 1 year ago.
Wow your working late, I have spoken to her doctor, regularly enough, I was the one who reinstated her meds, it was around an 8mth gap. Something else the SS failed to do. I visited my mum one day to find SS at her home. Quite a shock but kind of a relief so I was willing to work with them, got the social worker a key cut for the front door and all the time they were planning IMO to get her into respite sell her house and put her in a home.
Expert:  Clare replied 1 year ago.
I suspect you have a point!
Can you ask her doctor is he or she thinks your mother has mental capacity?
Customer: replied 1 year ago.
I was just thinking the same, I need to get her meds tomorrow so will make an appt. I am going to the local MPs surgery on Friday to see what he makes of it all. I also received mums social care records as in visits plans to be put in place comments on mums and I relationship etc no mention of me getting a key cut, telling them about me sorting out her bank and pension with the DWP just negitiveity
Expert:  Clare replied 1 year ago.
That should be your starting point as if she does have capacity you need to get the Lasting Powers signed so that you can take back controlIf she doe snot then you will need to apply to be her Deputy since it is clear that she needs someone to help her and Social Cervices have managed to mangle the previous arrangementsYou also need to request a full needs assessment to ensure that she is getting the correct supportIt is worth speaking to the local branch of Age Uk to see if they offer an advocacy scheme so that someone independent can be with your mother at that assessment to ensure all goes well sadly you cannot sue Social Services - BUT you have clear grounds for complaint about what happened and you MUST take action
Customer: replied 1 year ago.
Why can't you sue SS they are public servants and must be held accountable for they're decisions/actions?
Customer: replied 1 year ago.
It's no wonder the country's screwed, so how did SS in Bradford get taken to court?
Customer: replied 1 year ago.
Quick search this morn and found this https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285426/20140226_WN_consultation_doc_-_For_publication.pdfHaven't had time to read yet but will
Expert:  Clare replied 1 year ago.
Hi
Oh it is coming that is for certain.
However at this stage you cannot sue because ay present the position is not clear
Once you have taken up the reins as her Attorney or Deputy and have accessed the proper provision THEN you may have room for action - at this stage it is complaint first
Clare
Customer: replied 1 year ago.
Hi have popped home to see mum and I have had a letter on behalf of the SS from a manager saying they have tried to unfreeze mums account and Barclays are refusing unless I go in branch with mum and her account details (which she doesn't have as no statements have been sent to her) I believe that the SS took them off the top of her fridge which is how the SS obtained her details in the 1st place. I'm pretty sure the bank won't discuss unless I've POW or am a appointee with DWP this will be a waste of time IMO
Expert:  Clare replied 1 year ago.
They know they have messed up don't they.I take it your mother is not fit to go to the bank?
Customer: replied 1 year ago.
She is but it's a mission getting her ready, should be 30 mins takes at least 2hrs. I need a letter from Barclays confirming this, what they say is probably designed to run me ragged. There was no email add on the letter received today and when I asked on the phone for a contact email I was refused, so will have to write my reply and post it, this is more time wasted leaving my mum with no finances.
Expert:  Clare replied 1 year ago.
Remind me - have you spoken to the bank yourself?
Customer: replied 1 year ago.
Yes have made a complaint about the branches actions and am awaiting a response
Expert:  Clare replied 1 year ago.
Hi
Have they confirmed that if your mother goes in they can unfreeze her account - or will that depend on their assessment of her mental capacity?
Clare
Customer: replied 1 year ago.
I'm waiting for a response from bank, as I explained I need confirmation from the bank that they wish to see my mum, not because the SS have said and the bank employees are not trained to do a mental assessment
Expert:  Clare replied 1 year ago.
That was what I was trying to ascertainHowever the important step is speaking to the doctorOnce you are back in control then complaints and compensation will be the next step
Customer: replied 1 year ago.
I know, have sent a reply by post asking for SS to contact bank and get them to write to mum and I to make an appt
Expert:  Clare replied 1 year ago.
And don't forget the Doctor!
Customer: replied 1 year ago.
Have left msg for doctor to ring me to make appr
Expert:  Clare replied 1 year ago.
good.
Customer: replied 1 year ago.
I will keep you posted, how long does this thread last?
Expert:  Clare replied 1 year ago.
You can return to it at any time - or just ask for me again
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok thx, it's been a pleasure Clare x
Customer: replied 1 year ago.
Hi Clare MPs surgery visit, they are going to contact the local council constituent to get the SS side of things. Don't know how long this will take but mums still without money during this investigation (nobody's getting this point) yet more frustration
Customer: replied 1 year ago.
I just thought, if SS suspected fraudulent activity then surely they should have contacted the police?
Expert:  Clare replied 1 year ago.
No they will not notify the police unless they believe there has been fraud - and I suspect that there is some understanding that it is about dementia and not fraud - which does not excuse them leaving her without money.
It is NOT acceptable and places your mother at risk - so a formal complaint as soon as possible and a demand that care is given
Customer: replied 1 year ago.
Hi Clare have just got off phone to DWP have stated that no proof was required to remove me. I have proof that SS are abusing mum and I am requesting that SS are removed and myself reinstated. They are gonna phone back so they say. The person I spoke to agreed that mum needs money now
Customer: replied 1 year ago.
Isn't it against the law to leave someone with just £4 per week to live on, surely???
Customer: replied 1 year ago.
Just done search and its £71 single person per week
Expert:  Clare replied 1 year ago.
Yes they have behaved badly - but you know that - you need to take the actions discussed as soon as possible
Customer: replied 1 year ago.
https://www.brownejacobson.com/health/training-and-resources/legal-updates/2015/05/wilful-neglect-in-health-and-social-careHi Clare these are saying this law in in effect from April 2015
Customer: replied 1 year ago.
Back from docs with mum, she lacks mental capacity, so it's court of protection route
Customer: replied 1 year ago.
http://www.dailymail.co.uk/news/article-1222764/Secret-court-seizes-3-2bn-elderly-mentally-impaired.htmlNot sure of this is the way forward, WTF do you have to pay £800 p.a. For? I swear Clare mum would be better off committing a jail able offence, she would be treated better behind bars.
Expert:  Clare replied 1 year ago.
Well at least you know the situation now and can move forward.
The Daily Mail article is not entirely accurate - and AT THE MOMENT you need to sort the future out before you look at any potential claim against social services
Customer: replied 1 year ago.
I understand Clare, it's the length of time it's going to take, I estimate another 6-8 mths to sort out finances a cpl of yrs for all the complaints and several yrs to claim compensation, not to much drama for a 48yr old but don't think the same can be said for a 85yr old. I would also like to know where this new SS team is that I requested, do you think I should chase this up?
Expert:  Clare replied 1 year ago.
As soon as you have the Deputyship you can start the complaints process robustly - and yes chase up the new team!
Customer: replied 1 year ago.
Just thinking, what if the COP decides that I'm not suitable to look after mum, they will appoint a care provider and I will have no say, and they will get their way.
Expert:  Clare replied 1 year ago.
It is highly unlikely that this will happen as even social services are backing off now
One step at a atime
Customer: replied 1 year ago.
Trust is the issue SS betrayed that trust, a quick Google search discovered bad reviews instantly about the COP, that's never good Clare. Nothing but negative comments and reviews I tried phoning COP today no answer call terminated several times, typical of a government run organisation, this doesn't inspire confidence.
Expert:  Clare replied 1 year ago.
The COP is an underfunded government department.
At this stage you do not need to talk to them - you need to download the forms and complete them!

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions