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JimLawyer
JimLawyer, Solicitor
Category: Family Law
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Experience:  Senior Associate Solicitor
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I’m sorry, I may have put this in the wrong category. My

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I’m sorry, I may have put this in the wrong category.My question is, What kind of lawyer would I contact to bring action against a Home Care Social Care team, who did not look after my father properly.?During corona virus I was not able to see him and he was taken to hospital very poorly.I drove the 5 hour trip to his house whilst he was in hospital and his home care daily logs were missing and his house had not been cleaned for ages and there was thick dust everywhere and the paramedics believe this may have led to his chest infection that he got admitted with.He had been looked after by a social care team that have admitted failings in my fathers care since. I met with the Manager direct.Sadly my father has now passed away.Apologies if too much information I just wanted to give it some context.I am hoping you may be able to point me in the right direction.Thank you I’m advance
Katie

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue and for your loss. I will set out my written answer shortly.

It would be a negligence lawyer - preferably a lawyer who deals with NHS negligence.

The NHS Constitution says "you have the right to receive care & treatment that is appropriate to you, meets your needs & reflects your preferences",

Patients or their families have the right to compensation where they have been harmed by negligent treatment.

Patients can also exert pressure by referring the matter to their local Healthwatch - who are patient’s consumer champions - yours can be found here: https://www.healthwatch.co.uk ) / to the local press / to your local MP.

A complaint against social services is possible - and if that does not work then you can use the Ombudsman service. Which is free to use and quicker than court action. The Ombudsman's decision is binding upon social services if you also accept the decision.

It is the normal way to resolve such disputes - you must first go through the complaints procedure with social services. The Ombudsman will not take on your case unless you exhaust the complaints procedure first of all. The Ombudsman will accept the complaint if you have been directly affected by the matter and if you raise this within 12 months of becoming aware of the matter.

You will need the final response from social services, following your complaint.

Once you have that, you then need to register your complaint with the Social Care Ombudsman and you can do that here: https://complaints.lgo.org.uk/complaint-form/

If you disagree with the Ombudsman's decision, court action is then possible though is considered a "last resort".

You will generally need a lawyer for this stage of the dispute considering the complexities and potential costs involved (some may offer a no win no fee agreement so you pay nothing to them and are fully protected from costs if you lose).

Here are a few law firms you could approach :
1. http://www.irwinmitchell.com
2. http://www.cfglaw.co.uk
3. http://www.slatergordon.co.uk
4. http://www.simpsonmillar.co.uk

It would be a good idea to speak to a law firm now, in addition to going though the complaints procedure which I mentioned earlier. It would be wise to do this to ensure evidence is preserved and medical records can be applied for.

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.

Many thanks,
Jim

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.

Best wishes,

Jim

JimLawyer and 4 other Family Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you so much Jim I will do some research todayThank you again
Katie