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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15413
Experience:  Senior Associate Solicitor
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My 2 children have various medical conditions/disabilities.

Customer Question

Hi. My 2 children have various medical conditions/disabilities. As a single mum who has come out of a womens refuge with my boys and started again all on my own it has been very difficult. I have been diagnised with PTSD and anxiety and depression. Taking into account all of these factors and more i have had difficulty maintaining decent attentance at school. Although i am constantly chasing different avenues to better things for us all. My children have been put on a protection plan and i have now been told to get a solicitor as social services are applying to the courts to have my boys taken away from me. I am in absolute pieces and dont know what to do. My boys are my world and i cannot lose them. Please please somebody help me.
JA: Where are you? It matters because laws vary by location.
Customer: I am in Deal in Kent
JA: What steps have you taken so far?
Customer: I have chased drs regarding my sons' health to tackle the issues we have. I have worked with social services and the schools. I have chased treatment of my own mental health. I have been tryingvto do everything they ask of me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I am very very uoset
Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 9 days ago.

Sorry to hear of the situation. You do need a solicitor - we are an internet forum (not a law firm) so we cannot act - however I have given details of law firms at the end of this answers for you. I will continue with the online Q&A which is what Just Answer is able to offer.

The way forward would be to make a formal complaint to social services for obvious reasons. You can do it yourself or you can ask your local Healthwatch (who are healthcare consumer champions) to help you do this.

You can find your local healthwatch here: https://www.healthwatch.co.uk/your-local-healthwatch/list

If the complaint does not resolve this, you then need to escalate to the Local Government and Social Care Ombudsman.

They will investigate and check whether the complaint was dealt with properly - and whether it was correct. The Ombudsman procedure is free to use, quicker than court action and their decision is binding on social services.

You can contact them here: https://www.lgo.org.uk/adult-social-care

If that does not work, your only other option is legal action.

If legal action is required then you can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks at 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 or indeed illegal) 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. 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 :

http://www.irwinmitchell.com/personal/protecting-your-rights/judicial-review

http://www.kingsleynapley.co.uk/services/department/public-law/judicial-review

http://www.ellisjones.co.uk/services/judicial-review

http://www.stephensons.co.uk/site/individuals/civil-liberties-public-law/judicial_review_solicitors

If none of the above can help, there are pro bono (free of charge) lawyers who could assist you. You can try these firms for legal representation (they are a charity who connect you to pro bono lawyers) : LawWorks or /www.nationalprobonocentre.org.uk/finding-legal-help/

Here is another: https://www.lawcentres.org.uk

And there is this one : Advocate: Finding free legal help from barristers

Expert:  JimLawyer replied 9 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 9 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim