Ask a Family Law Question, Get an Answer ASAP!
Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
We can give you information and guidance from a legal standpoint. To make a complaint about social care, you should first make a formal complaint to social services - you need to set out why you are making a complaint. If they do not resolve this you can involve the Local Government and Social Care Ombudsman. You will need to register with them here : https://complaints.lgo.org.ukIf the Ombudsman does not uphold your complaint then luckily, there is a legal remedy available against social care services with it being a public body. You can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks the legality of the decision made by social services. If the judge(s) find in your favour, they will make an order which is binding on the public body (e.g. they may say the public body’s decision was invalid) and they are then forced to act to sort the problem out.
Further, if your human rights were breached then compensation may also be payable.
The issue with judicial review is that the cases are quite complex, but as a result of that, a law firm can usually recover their legal costs from social services if they win the application. You should be able to have a no win no fee agreement with the law firm, to sue social services. Or if you are in receipt of means tested benefits then legal aid may well be available to you.
Here are a few firms who specialise in this area :
I hope this helps - please feel free to ask me anything else.
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Hi Michelle, thanks, ***** *****