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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12041
Experience:  Senior Associate Solicitor
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I would like to take my concerns about professionals

Customer Question

I would like to take my concerns about professionals involved with my daughter's safeguarding case to a public platform. The professionals in question have not conducted themselves in a manner that meets their professional standards, which includes serious safeguarding failures, slander and defamation, to name few. MY QUESTION, can I do this legally or do I have to send a letter of intent before?
JA: Where are you? It matters because laws vary by location.
Customer: Staffordshire
JA: What steps have you taken so far?
Customer: I have gone through the local council complaints department and found that they have omitted to investigate all of the evidence. I have spoken with all schools and preschools and they have refused to go through a complaint process with me. I have been waiting for Social Work England to respond to the complaint since 17th July 2019 (Over a Year). The LGO has also been very slow to respond to these concerns.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so. thank you for your help
Submitted: 20 days ago.
Category: Law
Expert:  JimLawyer replied 20 days ago.

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. If you were suing in a defamation claim then the pre action protocol states you must send a letter before action if you are suing for damages. Generally, this is the remit for law firms given how complex the law is.

A defamation claim requires that someone has either verbally said something (slander), or written something (libel) which was untrue and they knew it to be untrue - with the intention to damage your reputation. The untrue comments have to be brought to a third party’s attention to qualify.
There is a defence if the person who made the comments can prove the comments were true, or they held an honest belief their comments were true.

The limitation period is only 1 year for a defamation claim, so ensure you issue the claim at court within a year of the incident. Here are examples of law firms who could help you with this :

Luckily, if the LGO does not resolve your complaint, there is a legal remedy available against a council 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 a council's decision. If the judge(s) find in your favour, they will make an order which is binding on the council and they are then forced to act to sort the problem out.

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 the council if they win the application. You should be able to have a no win no fee agreement with the law firm, to sue the council. Here are a few firms who specialise in this area :

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Customer: replied 20 days ago.
Thank you, ***** ***** your time to answer this query, however, I do not have the appetite to deal with this matter in court at this time (I am suffering from hyperemesis). I have considered a public show of how the professionals have failed us, by way of local, national and social media.
Expert:  JimLawyer replied 20 days ago.

Thanks, ***** ***** as your comments are true (or you hold an honest belief they are true) then the comments are not defamatory. It's only if you make things up which then damages their reputation that they then have a case against you.