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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17468
Experience:  Senior Associate Solicitor
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Its a mess but i will try to explain it to u, reading uk,

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hi its a mess but i will try to explain it to u
JA: Where are you? It matters because laws vary by location.
Customer: reading uk
JA: What steps have you taken so far?
Customer: back ground i was having direct payments for me special needs daughter but was done for misuse and need communty service for it, council turn over and diect payment was in their hands so if i wanted something done for my daughter i had to go through them to do it, in 2020 a social worker took steps and had agreement made up for direct payment so my other daughter could take control the covid kicked in by than, in 2021 i had carers which didnt speak english and took over to look after my daughter for indepant living, but the family was doing the care and the agenty lied and said they were doing it, i complaint to the council they took the agenty side i complaint to ombudsman and they will take the council side but agreed that they had faults so they should pay 200
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 have medication evdence and withreess so say the family was taking care not the carersCustomer: Chat is completed

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

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

Sorry to hear of the issue.

You mention you have already contacted the ombudsman and they said there were faults on the council's side?

And they should pay 200 pounds - is it the offer you are unhappy with?

Thanks

Customer: replied 10 days ago.
hi
Customer: replied 10 days ago.
i live in reading uk
Thank you. 

I was asking whether the ombudsman has agreed with your complaint and you mentioned 200 pounds so wondered if it's to do with the sum and whether you're unhappy with it, etc.?

Customer: replied 10 days ago.
i cancelled the call requested and would like well try to explain here
Customer: replied 10 days ago.
i received a reply from them and a draft no the complain i made was not really replyed to the emails i send is their evdence against me so base on that they said its part my fault
Customer: replied 10 days ago.
quick explantion
Customer: replied 10 days ago.
i was on direct payment for my special needs daughter and i sorted when we needed the care as family was doing care as well and this was only for like rest by care

OK, thank you. For the call if you want to email customer services :***@******.***

Are you at a deadlock with the ombudsman now?.

Customer: replied 10 days ago.
i was than charged with abuse miss useing the money and got commuity sentence which the council had a bitch fit in court and the judge warmed them to not to take it out on me or my family. 2020 a social worker looked into it and agreed for my other daughter to have dierct payment and sorted out the care as when we need it, social worker changed a manager came and took over covid kicked it, 2021 i cut the tip of my daughter finger tip while doing the nail cutting, informed all party, carers were coming in but they could not speak english nor had the experience to look after special needs like my daughter, fed her in the shower, took her to the shop instead of out of the commuty so i stop care after social worker informed me that the council said we will not give that family direct payment they are all the same, and all so my daughter was in pain i have more experical than them so i e mail social service and told them give my daughter direct payment or i cancel this lead to safe guard
Customer: replied 10 days ago.
which i want to over turn
Customer: replied 10 days ago.
i was in hospital when they called and chose to hid i was in hospital and said i didnt pick up
Customer: replied 10 days ago.
i recieved the email on tues i was scare to open it i force myself to open the e mail today
Customer: replied 10 days ago.
they send me a draft but the points i said they didnt put it in the letter only what the council said as evdenice
Customer: replied 10 days ago.
i have medical evdence oher people who heard what the social worker was talking about
Customer: replied 10 days ago.
meeting took place in my house where social worker said i was set up no safeguard should not have happened
Customer: replied 10 days ago.
i chose to have care for indepenant not cause we can not cope
Customer: replied 10 days ago.
we had no carers in for an year now

OK, thanks, ***** ***** hear that.

What stage are you at with the ombudsman?.

Customer: replied 10 days ago.
hi the end stage where they finish invegateing and the outcome a draft and asked me to send in any evdence i have more so they can review it or if not by the 16 they will send a letter out to both party for the outcome
Customer: replied 10 days ago.
what i am more angry about is i asked for help so we culd be indepenable not cope we cant cope
Customer: replied 10 days ago.
we have medicated evdence which they chosing to look the other way

OK, thanks.

You will need to wait for the ombudsman's final decision before you can do anything else here.

If the Ombudsman does not uphold your complaint, or you disagree with their decision then there is a legal remedy available against a council / local authority 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 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 offered 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 :

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

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

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

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

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



I hope this helps for now

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim





JimLawyer and other Law Specialists are ready to help you
Customer: replied 10 days ago.
i would let the ombudsman know that i am not happy and will not say yes to their outcome
Customer: replied 10 days ago.
but i will get them extra and inform them again of the evdence i had send them and would take it further

You'd need to see what the outcome is first of all before you can disagree with the decision.

Customer: replied 10 days ago.
they send me their decision a draft letter which they will send to the council, the safeguard will not be overturn but the part fault of the council which they should give me 200 for handing it bad

OK, thanks you. As I say you don't have to agree to the ombudsman's decision if it's not the right decision

Customer: replied 10 days ago.
in the draft letter they ask me if i disagree and send evd
Customer: replied 10 days ago.
evdence to support it so i just wait u mean than go further

Yes, that sounds fine to me

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