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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13888
Experience:  Senior Associate Solicitor
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I wondered if I could take the o.t dept of the council to

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I wondered if I could take the o.t dept of the council to court for negligence
JA: Where is this? It matters because laws vary by location.
Customer: L.b.b.d dagenham essex
JA: What steps have been taken so far?
Customer: I waited 2 yrs plus for a ramp to be put in as I am an amputee and wheelchair user they finally started work last sep 7 10 days work now I am stuck in as I can’t use the ramp it’s dangerous and I keep getting the run around
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: they also put a new front door in and it’s falling off I reported it 3 weeks ago and they haven’t turned up yet to look at it

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.

I do not think this is a negligence case. It is more of a lack of action from the council and their decision-making. In addition your human rights appear to have been breached too.

If you haven't already you should first make a complaint to the council and if that does not resolve this, involve the Local Government Ombudsman (LGO) :

https://www.lgo.org.uk/make-a-complaint

The LGO may be able to help but you would need to firstly exhaust the council's complaints procedure, unless you have done this already.

Luckily, 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 public body (e.g. they may say the public body’s decision was invalid) and they are then forced to act to sort the problem out. Further, if your human rights were breached then compensation may also be payable so I would expect you to be able to recover money for this too.

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. Or if you are in receipt of means tested benefits then legal aid may well be available to you.

Here are a few firms who specialise in this area :

I hope this helps - please feel free to ask me anything else.

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

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