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plclegal, Barrister
Category: Family Law
Satisfied Customers: 6359
Experience:  Barrister at law
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V, can you help at all, our daughter with Down’s Syndrome is

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Hi v hi
JA: Where is this? It matters because laws vary by location.
Customer: hello, can you help at all, our daughter with Down’s Syndrome is paying to local government for social care and yet receiving none since lockdown yet they have told me She has to continue the payment even though no services, Is this legally correct? debra Cheeseman
JA: What steps have you taken so far?
Customer: sent an email this morning to explain to WSCC we are stopping the payment, my husband says it is the only way they will listen and do something.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no not really

Hello, my name is*****’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you tell me why services have not continued during lockdown please, as most social care should have continued?

Customer: replied 1 day ago.
We have no idea other than they closed the two day centres she goes to and the respite care stopped. So for 14 weeks my husband and I have done 7 days a week care and was told in a phone call a few weeks ago our daughter still had to make the financial contribution she makes towards her care - then yesterday we received a communication from WSCC which promoted us to email them this morning - no we will not pay it any longer until some services resume. As you can imagine - we are exhausted.
Look at the date too on the communication it’s dated 12th June and we got it yesterday -. My husband is scanning the communication to send to you.

Hello and thanks for your patience. I'm just reviewing the images you uploaded now - as I said we work through emails and on busier days it takes longer to deal with each email reply as it comes in! Please bear with me a second...

Customer: replied 1 day ago.
That’s ok

OK - I see. I'll accept your call request now and call very shortly.

plclegal and other Family Law Specialists are ready to help you

Hello - I've left you a voicemail and called twice more since but I'm not getting through to you I'm afraid.

I am calling from a withheld number.

Customer: replied 1 day ago.
Sorry - new mobile phone and default setting was to silent on unknown callers - off now

Good to talk to you.

In summary:

1. There is a failure to provide any service whatsoever - which is a breach of contractual obligation

2. With no regular reviews, even by telephone - a breach of relevant care regulations

3. Possible negligence in a failure to act/ support esp given the recent additional diagnosis

You have grounds to withhold payment, but set aside monies in case the decision goes against you so you are not out of pocket if ordered to pay. You have to put this in writing in a complaint which you have done today.

You have a legal case on the above points, but legal action can be slow, time consuming in itself and costly.

Your MP should be your next point of call, it's a local issue and a human rights issue - everyone appreciates Covid-19 has put all services under pressure but as the leaflet you received states, there should be alternative means of support being put in place. You've had nothing at all and your family is suffering as a result.

I would also question why respite care from LA carers is not being provided now. It's a vital service for your family.

Best wishes.

Customer: replied 1 day ago.
Peter - thank you SO much for your advice. I can’t tell you how beneficial it is.
With gratitude
Debra and David Cheeseman

Happy to help - best wishes.