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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 note you have already made a complaint to Wirral Council - 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.
The Ombudsman scheme is free of charge and quicker than court action. As it is an arbitration scheme, the Ombudsman’s decision would be binding upon the council if you accepted the decision.
If the Ombudsman does not uphold your complaint, or you disagree with their decision then 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 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) 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 :
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.
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.
The email can be used in evidence and relied upon in a civil law dispute, yes. You will still need to follow the council's complaints procedure and then ask the Ombudsman to help - the Ombudsman will force the council to take action. Thanks
OK, thanks. In that case your only other option is to challenge the decision via judicial review - court proceedings and you will need a law firm for that given how complex they are. See my answer earlier for details of suitable law firms. I can review documents though it is charged as a premium service. I have sent an offer.
Thanks. I agree that may work though we cannot draft a letter as we are not a law firm but an internet forum - we can review documents and make suggestions if you wanted to put together a draft letter. I am not sure a legal letter to the Ombudsman will help however - and generally lawyers do not get involved given the Ombudsman service is free to use. You can say the email from the council was a representation (the council made a representation) and it should be considered a binding agreement.
Yes, that's fine
For uploading documents please see the following guide: How do I send a photo or file to the Expert?
Once sent, it will be sent to me at some point - I will get back to you as soon as I have received it. If you need them, Customer Services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us
Thanks, ***** ***** will send it to me shortly - when they do I will come back to you.
I haven't yet, no, sorry. Is that an email which you just uploaded?
If you can ask customer services to send them - customer services can be contacted either by email (*****@******.***) or here: https://www.justanswer.co.uk/help/contact-us
OK, thanks - they should be sent to me at some point today. I will be on an offline today intermittently - I will check my inbox and once I have the email with attachments, I will come back here to continue. Thanks