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JGM, Solicitor
Category: Law
Satisfied Customers: 12182
Experience:  30 years as a practising solicitor.
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Dear Sirs, I have a mobility issue after a subaerchnoid haemorraghe,

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Dear Sirs,
I have a mobility issue after a subaerchnoid haemorraghe, I had never had to use a carer as I was very independent and making progress.
After a fall in my home I had to call in a care in the community for a short term whilst I got better.
Obviously for that help they did an assessement, which I thought no more off, as it was only concerning what needs I wanted from them.
As soon as I was able to look after myself again I stopped them.
A few months later I had to get a cleaner , and as that particular organisation did home help
I used them to clean, this went on for some time, and occasionally they treated me as if I had a mental health issue, which I put down to ignorance of unqualified people, who only had NVQs.Having accademic qualification myself , I knew NVQ is only competence, which did leave a lot to be desired !
They recently put some paper work in the file they keep here, for their work sheets.
I read through these papers and was shocked to find my assessement had been updated ( without my knowledge or input, so I don't know what it was based on ) and according to their paper work I had a mental health problem on a medium level and I apparently needed assistance over my emotions.
I am very upset and annoyed over this, as I am as sane and stable, which my GP would confirm.
I believe this to be very slanderous and puts me in a very poor light.
All this from a non medical, non qualified carer, carried out behind my back.
I welcome your advice on this matter,
Yours faithfully
Jenny Elston
Thank you for your question.

This is quite dreadful. Have you spoken to your doctor about this entry in the work file?
Customer: replied 3 years ago.
No as my Doctor had no input into this situation, it was a simple private matter between myself and the agency ( I paid for all the visits myself)
Their file was for their use only to enter what work they had done for me during their weekly half an hour visit to clean only.
At the time if the updated assessement they were only here for cleaning.
My mental health is one hundre per cent and I have had reason to see a doctor for over two years.
Jenny Elston
I understand that it is the agency that is at fault and you clearly want that corrected. The reason I asked about your doctor was because you could ask your doctor to write a letter to say that the information wasn't correct. You could then give that to the agency and ask that the records be changed.

Or are you looking for another remedy here? If so could you tell me what you would specially like to know?
Customer: replied 3 years ago.

I feel that changing their records does not justify their. Unqualified , false and upsetting view on my health, it was NOT for them to judge ,
They clearly had their own misguided thoughts on this matter, as on a couple of occasions they actually spoke to me as if I was a stupid old lady, and as already stated they are totally unqualified to make such a terrible statement and I most certainly want not than an apology, as it appears from their attitude they are all of the same mind.
I know my Doctor will confirm that I do not and never have had any mental health problems.
I feel that this is a definite case of slander, and I am upset that people could make such a judgement.
U have since finished with their services and now pay somebody else to clean
Do I have a case or not?
Jenny Elston
What is it that you are looking to achieve?
Customer: replied 3 years ago.
If you feel I have a case of slander then I want to sue them
It's called defamation in Scotland and is defined as making untrue statements about a person which causes them upset and damages their reputation.

As I understand the position the only person who saw the paperwork was you and the agency so there was no leaking of the statements to third parties. So you couldn't sue for that but in theory you would have a right of action for the upset caused. The court might order payment of a few hundred pounds but any award would not cover your legal costs as the action would certainly be under small claim procedure and you don't get your costs back in the small claim court, only a contribution of £150.

So that answer to your question is yes, you could sue but you wouldn't cover your legal costs in doing so..

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