How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask plclegal Your Own Question
plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8025
Experience:  Barrister at law
101823876
Type Your Law Question Here...
plclegal is online now

I wonder if you can tell me if I have a legal case against

Customer Question

Good morning. I wonder if you can tell me if I have a legal case against the L.A and NSFT.
JA: Where is this? It matters because laws vary by location.
Customer: Suffolk UK
JA: What steps have been taken so far?
Customer: The ombidsman is currently investigating the processes for NSFT, however my 16 year old son has not received a secondary education (against my wishes.) It has taken 4 years to get him diagnosed ADHD and consequently medicated. In the meantime he refused school at age 13 after being removed from classes suitable for his academic level, repeatedly isolated and excluded. After an optional school move, the educational psychologist gave an excessive report which pointed to ADHD and that school may not be able to meet his needs. He refused to go in one day and the LA did not support or put a package in place for home education. The refusal to see him by NSFT has meant his education has suffered and long term mental health due to isolation. It's obviously more complex but I'd like the system to change.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There are 4 years of details but I think that's it in a nutshell.
Submitted: 17 days ago.
Category: Law
Expert:  Virtual-mod replied 17 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 17 days ago.
I'm happy to wait. Thank you.
Expert:  AlinaK-admin replied 15 days ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Alina-Moderator
Customer: replied 15 days ago.
Can you please try and find a solicitor who deals with Special Educational Needs and Mental Health. If you cannot find someone by the 9th June 2021 then I will cancel my membership.
Thank you for trying.
Expert:  plclegal replied 12 days ago.

Hello, my name is ***** ***** for your patience. I’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Can you tell me when the ADHD diagnosis was finally made and by whom?

What outcome are you looking for, ideally?

Customer: replied 12 days ago.
Good morning Peter.
Thank you for getting back to me.
My son has only been on medication for approximately 10 weeks and was diagnosed by Dr Mahdevappa at NSFT a short time prior to starting medication.Ideally I want the system changed so nobody ever has to be subjected to the stress that our family has been subjected to.
There's a part of me that wants compensation to support my son's future as he has lost out on vital education, but that seems less important than changing the system.
I guess I want to know firstly if I have a case against them and secondly if I could use that to get the system changed.
Thank you.
Melanie.
Expert:  plclegal replied 12 days ago.

Thank you for that information. Even by Local Authority timescales the time that this diagnosis took is appalling.

If it can be shown that there was a failure to diagnose and or/ act promptly, and this has had a detrimental effect on your son, then there could well be a case for negligence.

A solicitor would review the information you have on file, and ascertain whether there is a good chance of succeeding. If the chances are better than 50%, then they could take the case on a conditional fee (essentially no win no fee) agreement, to save costly fees from the outset. A medical expert report would be commissioned and then negotiations would begin with the LA/ NSFT which would normally resulting an out of court settlement for compensation.

These type of cases/ settlements are often protected by non disclosure agreements though.

As to a way to make a change in policy, this is more effectively achieved through campaigning, lobbying, involving your MP, petitions, local press, that sort of thing. If the local press did pick up on the story, that could give it some momentum. This is very different though from pursuing a legal case and the two may actually be at cross purposes with each other due to the confidentiality of out of court settlements. You could, if you were looking at this route, look at crowdfunding as another way to raise the profile, for example to pay for private tuition for your son who has missed out on so much schooling as a result of the failure to act and diagnose properly.

I hope that this assists? We can't take a case on for you here, so I can only offer general advice at this stage.

Can I clarify anything further today?

Customer: replied 12 days ago.
Thank you for your clarity.
I would need to think carefully before making a decision on my next course of action.
Do you happen to know where I might find a solicitor who would take on the case on a no win, no fee basis? Or at least which area of speciality. Thank you.
Expert:  plclegal replied 12 days ago.
Very happy to assist. It would be a civil litigation solicitor, who specializes in personal injury (most negligence cases come under personal injury as it is the injury caused by the negligence that you sue for). You can search the UK law society website by both area and specialism.
Customer: replied 12 days ago.
Thank you so much for your guidance. Much appreciated.
Expert:  plclegal replied 12 days ago.

Happy to help.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter