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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6426
Experience:  Solicitor
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My nephew is in prison in HMP Wayland. He suffers from

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My nephew is in prison in HMP Wayland. He suffers from meniere's disease and extreme vertigo. The prison is fully aware of this and have his doctors records. 3 weeks ago the prison doctor advised that he should besent immediately to hospital as his menieres at the moment is critical in that he cannot keep any food down and has lost over a stone in weight, which can have an impact on your heart. the prison doctor also said that his heart should be checked because of an irregular ecg. The prison have still not taken him to hospital despite the fact that he is in dire medical need. He rings the emergency bell all the time, but no one comes - he cannot get off the floor and yet the prison say that they cannot take him to hospital because they have no spare staff. He needs help right now
Customer: replied 8 months ago.
The prison need to take him to hospital as the doctor advised. Despite being violently sick and unable to get up he has not seen a doctor or been taken to hospital as recommended two weeks ago. The prison could get a doctor in to see him but have neglected to do that, because they say they do not have the staff to accompany him. This is a medical emergency and yet they have failed to act. He needs help right now - if his condition deteriorates or his heart suffers damage because of their neglect, he could get a lot worse.

Hello my name is ***** ***** I will help you with this.
Why are they just refusing to do anything? Is it just staff?

Customer: replied 8 months ago.
they say they have no staff available to take him to hospital.
Customer: replied 8 months ago.
I need to know what the law states in relation to the welfare of prisoners. It is likely that I will need to quote the appropriate law relating to the health of prisoners, in a letter to the governor/prison board/ombudsman and his MP. As the prison are failing him miserably. He has already lost over a stone in weight in 3 weeks. Do the prison have a duty of care for his physical health?
Customer: replied 8 months ago.
What law or laws are the prison in breach of - there must be something relating to his human rights here.....

Ok - then you need to make a formal complaint or consider an URGENT Judicial Review.
This is where a High Court just examines their refusal and decides whether its legal and reasonable.

A Court will either agree with the decision or make them take him to hospital.

But they do have a common law duty to care - they must take reasonable steps to make sure he doesnt come to harm.

For more information on Judicial Review please see:

But that should resolve the matter by getting an urgent injunction and Judicial Review.

Can I clarify anything for you about this today please?

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