Wednesday, 4 July 2007

A warm glow of satisfaction

This is a very quick post to say I was delighted to receive notification from my advocate yesterday that letters have been sent on my behalf to the agencies failing to look after my needs.
They have been told in no uncertain terms to get their respective acts together, or else. Signed, A Solicitor.
Which may make them sit up a bit more than my infrequent attempts at encouraging a response, any response.


marmiteboy said...

Lets hope they take some notice and get things sorted out. Only you shouldn't have to put yourself through the stress of challenging them and justifying youself.Disabled people should be having their needs met withoiut having to fight every inch of the way to get them.

Good luck

talj said...

Great news! And I agree with marmiteboy, if only we didnt have to fight every step of the way...sometimes things are tough enough without having to cope with the failings of those who are supposed to be there to help us!!

{{HUGS}} to you x

seahorse said...

Thanks both. We're moving up a step now. If they don't respond, her next letters will be less polite, and more legal. And then we're talking Judicial Review. And that means the High Court if necessary. No, I don't need the stress. But I do need the help. So I have to go through this to get it.

Sally said...

I have been wondering what the difference in the route is between your advocate and possibility of judicial review, and my complaint to the Local Government Ombudsman, when essentially they are about the same bureaucrats at social services, I think ?

Anyway, this may or not be relevant, but if you are interested see where the difference is explained; showing that they are both options, and both have strengths and weakness.

For example, an LGO investigation has more scope than the courts to ferret out the facts, as an LGO investigation is "inquisitorial and by law conducted in private", rather than a court process which is adversarial and conducted in public. Also the Local Government Ombudsman/woman makes no charge and can award compensation, whereas it is rare for a judicial review to make compensation, but can decide costs.

My Employment Tribunal ten years ago was adversarial, with a risk of having costs awarded against me. My current LGO process seems far more of a 'load off my mind' situation in comparison, and is private, and the LGO if necessary will direct social services in how to do their job better in future. Even if it becomes a published decision against social services, it is anonymous.

Email me if you want to talk about this further, but knowing your energies are also limited, and you have an advocate doing it for you, this may be one thing too many to contemplate, in which case, don't give it another thought !

seahorse said...

Sally, it's great to hear from you again. You raise some very useful and pertinent points. I will raise the LGO option with my advocate, on the basis that 'getting adversarial' is not really what I want if there is indeed an alternative. I do have to wait until they really screw up though. Ignoring me for nearly 18 months is bad, but it's not as bad as what you've experienced. You have grounds that I possibly don't have at present, although give it a few weeks and we'll see. Thanks for such a thoughtful response.

Sally said...

The '18 months' is enough ... the Fair Access to Care criteria and directions to local authorities on 'Housing Adaptations for Disabled People', both set by the government, say a delay of WEEKS is not good enough !

Anway, we all know it happens often, when it should not happen at all. What I have experienced is nothing compared to other stories I have heard of ... yours included !

Good luck.