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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I would appreciate it if you could assist me in th

Resolved Question:

Hello, I would appreciate it if you could assist me in th efollowing: i) May I appeal the decision of my complaint I made to the Parliamentary and Health Service Ombudsman on 22 June 2015, which have not been dealt with since. I submitted my 2nd complaint related to a different issue (GP's victimisation for my 1st complaint) on the 4 January. For some unknown reason two of my complaints have been put together without investigating them. What shall I do in this case. Many thanks.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

Could you please explain your situation a little more?
Alex

Customer: replied 11 months ago.
Hi Alex. I made my complaint to Health Ombudsman on 22 June 2015 but my complaint have not been dealt with. I submitted the 2nd on different issues on 4 January 2016 and the 2nd one has also been not dealt with. I would like to appeal the "decision" of the Health Ombudsman
Expert:  Ash replied 11 months ago.

When was the decision made please by the Ombudsman?

Customer: replied 11 months ago.
Two months ago, with the response that they could not investigate it as they have not receive any response from Kingston Hospital re my full body isotope nuclear radiation scan which I underwent without my written consent in January 2013.
Expert:  Ash replied 11 months ago.

Generally there is no right of appeal but you can consider a Judicial Review. This is where a Judge in the High Court considers the matter and sees whether the Ombudsman has acted legally and reasonably.

The Judge can either agree with the decision or send it back to them for it to be considered further. However you only have 3 months from the date of decision to seek a Judicial Review so you need to be quick.

Further Court guidance on the process can be found here:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Thank you Alex. Would it be possible to ask you to write a draft of appeal letter for a Judicial Review?
Expert:  Ash replied 11 months ago.

Sadly that would mean I am instructed, which is against site rules. This is a question and answer site.

However if you are on limited means you may be entitled to legal aid which means a Solicitor can draft this for you for free.

Does that clarify? Alex

Expert:  Ash replied 11 months ago.

I should add you need to write to them first and put them on notice for Judicial Review. You cant just apply for one.

The pre action protocol says they must be informed.

Alex

Customer: replied 11 months ago.
Thank you Alex, should I put the Ombudsman notice for Judicial Review? Is there any letter template on line? Is there any letter template can be found for a judicial review?
Customer: replied 11 months ago.
May I also ask you re my 2nd complaint? I submitted to Ombudsman on 4 January 2016 but with a different issue. It was about that I feel I was bullied and victimised by new GP for my complaint. When I raised my concern, I was immediately removed from the list of practice. They damaged my health emotionally. My complaint has not been dealt by Ombudsman and I was explained that both of my complained put together under the same issue which I was absolutely not happy with. How should I deal with this?
Expert:  Ash replied 11 months ago.

Yes you should put on notice.

Guidance can be found here:

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_jrv

Does that clarify?
Alex

Customer: replied 11 months ago.
Thank you, ***** ***** is clear now. My the last question is about, should I ask for a judicial review of my sequent complaint which has not been dealt with but it affects my health care as the GPs pushing me around from one GP practice to another. It affects me emotionally. Many thanks.
Customer: replied 11 months ago.
Could I also take an offer of live discussion via phone with you for future reference?
Expert:  Ash replied 11 months ago.

Yes indeed. You need to wait for that second complaint to be dealt with before you can appeal that one.

So Judicial Review the first one and wait for the outcome of the second.

Yes if you want to chat in future just come back and ask for me,

Does that clarify?
Alex

Customer: replied 11 months ago.
it does. Thank you so much for your help and assistance. I am having my appeal for my ESA decision on coming Friday. Please wish me the luck. Best wishes. Alla
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 11 months ago.
Of cause, please do.
Expert:  Ash replied 11 months ago.

Thanks. Please do take a moment to rate. Thanks

Customer: replied 11 months ago.
Thank you for your wishes.
Customer: replied 11 months ago.
Ok
Expert:  Ash replied 11 months ago.

Thanks in advance and good luck

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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