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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8303
Experience:  Dual qualified Solicitor and Attorney
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My son is profoundly deaf from birth, now a vulnerable

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My son is profoundly deaf from birth, now a vulnerable disabled adult. In 2014 he experienced an extreme episode of Guillain Barré Syndrome. In a coma, full life support, emergency tracheotomy, threatened major organ failure, flat lined three times. One year physiotherapy learning to walk again, and learning to eat again. He now has a permanent heart condition, and memory loss. He looks almost the same now but inside he’s a totally different person. It’s unlikely he will recover beyond the 70% he has reached. How might I present these facts to a solicitor by way of proving he was in fact in hospital and is very lucky to be alive?
Hello,

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Customer: replied 12 days ago.
Thank you. Your reply has just arrived. By all means of course, I'm happy to wait. Much obliged. M. B.

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

As you will appreciate, Gillain Barre syndrome is incredibly rare - I have only ever dealt with one case during my years as a solicitor and it was very serious for the claimant - to the point they were very near death. It would depend where he contracted the syndrome and whether this was due to anyone's negligence. There are only a handful of medico legal experts who can deal with this matter and I am going to recommend one law firm to you who has dealt with a similar case before (details to be provided shortly).
I presume you are saying he contracted the syndrome in hospital as you are asking how to prove the facts to a solicitor - the solicitor will apply for your Son's medical records and assess liability and causation. You would have to act for your Son as his litigation friend given his medical condition. It would be a case of sourcing the medical records and asking a microbiologist (who can prepare a medico legal report) to assess the case.
The firm I would suggest you try first is this one : http://ww.cfglaw.co.uk
And if they say they cannot help, try these :

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

Customer: replied 11 days ago.
Good Afternoon Jim,Thank you for your answer, indeed it is extremely interesting. Now, if this was a ‘stand alone’ issue I most certainly would consider myself ‘on the pigs back’, sadly however, the issue is far far greater more complex than anyone could ever imagine. So before I embark on a journey through events involving my son I must ask if you feel you have sufficient time to read my account and absorb the enormity of the impact these events have had. I am not for one moment suggesting any disinterest simply asking if you feel You can help. I accept you may need to advise the need for an alternative solicitor.Kind Regards,
Monica.

Hi Monica,
Thanks though the aim of this site is to answer questions ("Q&A") and we are an internet forum, not a law firm. So we couldn't act for you or your Son - we give information and guidance from a legal standpoint but what I would say is that you will definitely need a solicitor (at a law firm) to handle this dispute. As it is a) very rare and b) medical evidence will be required, which is a certainty, - from a medico legal expert.
Many thanks
Jim

Customer: replied 10 days ago.
Good Morning Jim,
Yes, I understand the Q&A aspect, I am actually looking for help with the direction I need to take.Whilst I asked about a medical condition, I am in fact trying to plough my way through the never ending stream of contradicting and confusing information I receive almost daily. The solicitor refused to make the court aware of the serious illness my son was only beginning on the long road to recovery. Along with the fact he had major thoracic surgery only a month or so prior to the court case to remove a growth the size of an orange from his chest area.My son was arrested and charged with a sexual offence that never actually happened, he was only a matter of weeks home from the hospital following a year of treatment and in need of constant care. As a registered vulnerable disabled person he is in the group covered by the Protected Characteristics both P,A,C,E, and The Equality Act 2010. He is profoundly deaf with a literacy level of a 5/7 year old. So for the purpose of having the ability to read and write all legal documents it would be usual to consider he cannot read and write as these documents are certainly beyond his literacy level. Added to that he does not speak English, he only speaks B.S.L.If a police force are aware they are about to arrest a person in this category am I naive to think they would, at the very least, engage an interpreter before swooping in heavy handed expecting their target to just get on with it? My son was arrested using a scrap of paper with a hand written note. He can’t read! The officers continued to talk at him, he can neither hear them nor lip read. However, they carried on regardless.Is it not the duty of a solicitor to ensure all regulations were followed, all medical information checked and a robust defence put forward? I feel you would have hung your head in shame had you spent even one day in the court. The entire situation was disgraceful and humiliating.My son takes issue with the manner and complete lack of concern shown by police on the date in question. It simply is not acceptable, within the law, to cajole a disabled person into a police custody suite, proceed with the booking in process, ask questions, record answers and take a pat on the back for a job well done when in fact the complete opposite occurred. It is at this exact point the entire procedure became nonsense. From that point onward not one single word can be considered correct, fair nor true. No Custody Suite CCTV was available, we were led to believe it was not working at the time. The most shocking aspect of this, not one person in the station even thought of regulations set out in The Equality Act 2010 and no one bothered to apply the Protected Characteristics rule at any stage.The so called arrest took place November 29th 2015 at 16:55. We got to court March 2019! My son was found guilty of a sexual assault which never happened, and was sentenced to 6 years in prison for a crime he didn’t commit. A defence that was utterly senseless, a judge expressing his personal opinion in open court ‘I don’t believe you can’t read or write, you can text’. That has to be one of the most ridicules statements I have ever heard, from a person with no qualifications to make the statement but in a position to destroy a life in a nano-second.So, I don’t actually know, which legal area I am dealing with. With the addition of a global pandemic it has been impossible to make progress in any direction. The entire country came to a total standstill, including the courts! Solicitors at the time refused to lodge an appeal. I was advised to do so myself. I promptly had a major heart attack requiring surgical intervention. The stress nearly cost me my life! So, I am trying to reverse and crown court decision which was based on complete fallacy, coercive bulling, and a determination by one individual to win a manufactured case by any means fair or foul.For me it’s a case of ‘I’m not waving, I’m drowning’. I’ve had solicitors agree to take the case and disappear into thin air or simply ignore all my attempts to communicate. In the meantime my son continues being held in a prison with no reasonable adjustments which would allow him the same degree of movement and access as every other person. On the brighter side is the fact he has become friendly with all the staff he sees regularly. His probation officer has taken him under his wing. Not one staff member has a bad word to say about him. I’m constantly asked why on earth he’s in a prison in the first place.I cannot allow such a shameful situation to pass unquestioned. If you can possibly point me in the right direction I will be indebted to you.Kind Regards,
Monica.

Thanks for the further details and unfortunately the question has fallen outside of my area of expertise as you are referring to a criminal matter (your Son being arrested, etc) and a potential action a against the Police too.
The site rules are that I must opt out for another expert to take over (someone with experience in criminal law).
Another expert will be along to assist you shortly.
Many thanks,
Jim

Customer: replied 10 days ago.
Please accept my sincere thanks. M.B.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new 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 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!
Nicola
Customer: replied 10 days ago.
Good Evening,Thank you, ***** ***** will happily wait. I’m uncertain if the professional I need might be a Human Rights/ Equality Act/ Disability Discrimination or a Miscarriage Of Justice or a professional dealing with action against the police. I do know without question I have been pushed about from pillar to post more times than I can count - (not whilst using Justanswer) - been lied to by those who ought to know better and generally treated as if I talk nothing but nonsense. The opportunity to put this case to a professional willing to listen (or read) the concerns we have would be most welcome indeed. I act on behalf of my son, a Vulnerable Disabled Adult, who was born profoundly deaf, he does not speak, read or write.Kind Regards,
Monica.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

So in essence your son is severely disabled and you are questioning his arrest and interview but the issue you face is that he has been convicted and presumably is now in prison so the court determined there was not sufficient issue with the process of his arrest and conviction to set it aside. Whilst you are far too late to appeal a conviction from 2 years ago anyway. Therefore, unless you have new evidence that was not available at the time of his conviction it will not get set aside and that is new evidence related to the crime not his medical condition. I trust this assists

Customer: replied 8 days ago.
Good Morning,Many thanks for your reply. I hope you will understand my saying I couldn’t make this up even if I tried or wanted to! My son is registered disabled vulnerable since the day he was born. He is profoundly deaf so he does not hear, read, write or speak. His literacy level is equal to that of a 5/7 year old child. Comprehension level of a teenager, due mainly to his lack of knowledge; a learning disadvantage not a learning disability.Protected Characteristics - P.A.C.E. and The Equality Act 2010. Had one police officer taken the time to consider even one regulation this entire situation would never have seen the light of day, let alone a crown court!“The Government is clear that the Appropriate Adult (AA) provision set out in the Codes of Practice under the Police and Criminal Evidence Act 1984 should be applied appropriately in all vulnerable adult cases. That is why in 2018 the Home Office published a Partnership Agreement to ensure that vulnerable adults suspected of an offence have access to justice and that their welfare is safeguarded” - Alex Chalk, in a letter I received 2019.No matter how many times I read reports or check the regulations, I cannot find a section which states it is acceptable for a police force to assume the information they are working with is correct. Nowhere is it written ‘As the police officer on duty during the booking in procedure you may disregard all or any regulation regarding disability and protected characteristics’ - ‘It is acceptable to request a disabled vulnerable illiterate person to Sign a document, produced under caution, without assistance from any quarter’. To this day my son is still asking ‘why they be do that Mum” a question I cannot answer as those involved simply headed for the hills or buried their collective heads in the sand. From the first moment police arrived at my sons door to arrest him, without an interpreter nor an appropriate adult, they were in breach of all the regulations in place, which are there to protect both police and the disabled. The police were fully aware they were about to arrest a profoundly deaf person and made no reasonable adjustments to ensure he was adequately represented and understood what was happening. An arrest by means of a hand written note on the back of a scrap of paper which is then presented to an illiterate suspect has to rank as legal suicide. None of this was ever mentioned in any documents seen by the judge. Nor was there mention of the physical condition my son was in at the time, along with the amount of medication he was prescribed and how it impacted his life. Nothing about his memory loss due to oxygen starvation, nor the fact he had flatlined three times, or the suggestion his life support was switched off as he was not responding and the major organs were starting to fail. Absolutely no defence of any kind. Nothing. Neither my son nor I will ever accept a crown court case, conviction and sentence, based on lies and completely intentional misinformation, coercive bullying, threats and harassment. I am convinced, given the opportunity to put the facts before a judge, the opinion reached would mirror ours. There’s not an ounce of sense nor truth in this manufactured case of hidden agendas. My son does not have the capacity to object to events happening around him. He does not know how to stop a situation from getting out of hand, he simply shuts down mentally and emotionally. Shame on those who took advantage of a vulnerable ill person, which in turn allowed an extremely devious and dangerous bully to destroy his life as well as mine.If we can find a law firm willing to help us, then at the very least I will have done everything in my power to try and rectify an appalling abuse of the legal system.Kind Regards,
Monica.

There are many actions against the police solicitors for example: https://www.irwinmitchell.com/personal/protecting-your-rights/actions-against-the-police?ref=googleppc&gclid=CjwKCAjwqvyFBhB7EiwAER786ZrWKseQZsLuy9dcwu9j9AcZJ0bxZu9N0ndnI1fR-BCqwxn2pGQffBoC9goQAvD_BwE&gclsrc=aw.ds

I trust this assists

Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 8303
Experience: Dual qualified Solicitor and Attorney
Jeremy Aldermartin and 5 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you for your assistance. I’ll trot off now and continue my quest. Much obliged.Regards,
M. B.