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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Which form/application do I need to send to the Court if I

Customer Question

Which form/application do I need to send to the Court if I would need an order to get the health record of my son from his primary school's health care provider?
The health care provider refuses to give me the health record from the last 2 years. Tried many times, even solicitor sent them a letter a few weeks ago, but they refuse it, and said I can got to the ombudsman. I did, but it will take ages and probably never will happen. But could the court order it and force them?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.You would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N244;http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThe Court will list the matter for hearing and decide whether to make an order that these documents are disclosed.If they refuse this is contempt of Court where they can be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you. I am a bit confused on the part of "they can be warned, fined or sent to prison".
Do you mean the health care provider?
And what should I write for reason why do I need the heath record?Thank you!
Customer: replied 1 year ago.
Sorry, I understand it.
Customer: replied 1 year ago.
Thanks
Expert:  Ash replied 1 year ago.
If the organisation does not provide disclosure if the Court orders it.I can't say why you need the health record only you know that.But in any event you have a right under the Data Protection Act.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
My son has been bullied, phisically abused, emotionally harmed several times since 2011 - 2015. Mother's partner twisted his arms, slapped him, smashed him to the wall, threat to kill him smashing his head with a garden spade, bullied him many times, threw his his slippers into his stomach. on the last occasion a year ago the child was scared and crying at his mother's for the police's help. Mother always was at present and never protected him. there was never phisical proof for abuse.
Child complained many times in school, headteacher asked me to pick him up earlier from shcool cause he was scared to go to his mother. Police 2 times attended at school listening the child, and requested me to take home and not to meet with the mother.
No one helped the child, and last year mother and partner kept him for 5 days in a "captivity" in their flat, not letting him to go to school, or come home until he would tell to a social worker that I did teach him to lie for 5 years for everything. So the child told to social worker that I did teach him to lie about moethr and his partner from his age o 5.
later the child told to guardian that it was not true. later he told it to psychologist and guardian that I did not teach him, but everything was always true.
Scho0ol nurse always had meeting with him. I asked social services to request the health record from school to see what the child disclosed during 2 years. They blocked it, and it was too late, the court ordered that he should move and live with the mother only and not to see me. MOther breached*****orders and once removed the child from the UK without permission. Police and other national police searched for them.
now I requested the health record straight from the company, but as social services is blocking it - holding all the proof back, the health care provider is refusing to give it to me saying for the child's best interest.So what should I write for reason to the Court please?Thank you!
Customer: replied 1 year ago.
It would be the only serious evidence about what was going on with him for 2-3 years. I don;t know what is in the health records, only social services and school, but they are seriously block it from me.
So if you have a good idea what should I write for reason, I would really appreciate please.Thank you!
Expert:  Ash replied 1 year ago.
Yes indeed, so I think you have a good chance to get the records.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
What should I write on a simple way as the reason for request please?
Expert:  Ash replied 1 year ago.
You just need to say why you want the records - that is it. They can not refuse them under the Data Protection Act.Does that clarify?Alex
Customer: replied 1 year ago.
Can you compose the simple sentences for me as the reason please? I am not that smart to do that and I do not want to fail on that. Can you write it for me please? Top tip should I put on top. Thank you
Expert:  Ash replied 1 year ago.
I dont know why you want the records. You just said they refused?
Customer: replied 1 year ago.
I just wrote everything for you. Could you read it please?
Customer: replied 1 year ago.
Probably my son shared with nurse many things about abuses. Harm bullying. But they don't want me to see that cause it would prove that the child never lied. So I would need it for this reason.
Expert:  Ash replied 1 year ago.
You want the draft reason for the Court?
Customer: replied 1 year ago.
Maybe if it is called so? Would it be possible?
Expert:  Ash replied 1 year ago.
Ok. The box 10 on the application notice which I have given you above;The claimant seeks the full medical records of (name and date of birth).The claimant requested these documents on (list dates).The claimant on (dates) refused to provide the documents and as such the claimant seeks an order from the Court that the records are disclosed to the claimant. Does that help?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Oh sorry. I know this. It is not complicate to write. But I need to present their answer saying that they refuse it because it is for the best interest of the child. So they say it to court as I need to attach it. Court will ask me why do I need the record? So for this reason what should I write?
Regarding the rate and payment I top up with the highest tip when I rate you. It is already lots of help. Thank you!!
Expert:  Ash replied 1 year ago.
The court will ask you about that when there is a Court hearing. If there has been abuse and you are related to the child, you are entitled to it under the Data Protection Act.Therefore you can explain this to the Judge at the hearing for disclosure.Does that help?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
I want to ask it without hearing. I had over 30 hearings 6 years. For this there should be no hearing. I am his father. But they say they refuse it because the child. Is there a good reason to give for getting it without hearing? Thank you
Expert:  Ash replied 1 year ago.
You can't - there WILL be a hearing. The hearing is to consider the application for disclosure and as such there will ALWAYS be a hearing because the provider may want to respond.
Expert:  Ash replied 1 year ago.
Does that help?
Customer: replied 1 year ago.
But I can still tick the box to request without hearing, can't I? Or it doesn't matter?
Expert:  Ash replied 1 year ago.
You can. But it WILL be set down for a hearing.......Just so you know.
Expert:  Ash replied 1 year ago.
Can I clarify anything else for you?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the details!
Expert:  Ash replied 1 year ago.
Happy to help.Good luck
Customer: replied 1 year ago.
Ah yes. Where should I send the application? To the local court? Or to the county court where we have our case already regarding my son?
Expert:  Ash replied 1 year ago.
Your local County Court.Alex
Customer: replied 1 year ago.
I would send to the local...not to mix it into ours yet
Expert:  Ash replied 1 year ago.
Local.
Customer: replied 1 year ago.
I am sorry but you gave me wrong advise. The Court sent my application with the forms back saying that I used the wrong form as civil claim form (N1 and N244) and not under Children Act.
can you advise me on the right way please what forms should I get and make the application? Thanks
Customer: replied 1 year ago.
?