Need to file disability discrimination court claim in court by specific date but too unwell to do it

nickneish

Hi,

I hope this is the right place to ask.

I only have a few weeks to file a disability discrimination claim. Unfortunately the events in question have left me with PTSD symptoms which are preventing me from engaging with the evidence.

I believe I have two options for filing:

1. File protectively. I've read this can be very tricky, but the instructions I can find make it sound very simple. This is making me uneasy. Additionally the instructions I have found are vague.
2. File for 'exceptional circumstances'. I can't find instructions for doing this

Can anyone help please? Which option should I take? Can you point me to some very clear and easy to follow instructions?

I need to do this myself as I am in the unfortunate position of having too much in saving to qualify for legal aid but not enough to pay a lawyer to do this.

nickneish

Thanks for replying. It's against a service provider so it will be in the County Court.

nickneish

Hi,

Thank you for such a detailed reply. I have a few follow-up questions I hope you won't mind answering:

1.Am I correct that I would have that 4.5 month period (or more if extended) to complete the particulars of claim?

2.My understanding of how these things work is that first one is expected to send a letter before action to the defendant and then file in court. Would I need to do this during that 4.5 month period too?

3.I experienced discrimination from another service provider related to these incidents, which I am now past the 6 month time limit to issue a claim. Are there any exceptions to that time limit if i can prove that I've been too unwell to do it until now? (I am already disabled on account of severe mental illness (in receipt of PIP) and these events have utterly traumatised me, the PTSD symptoms have been unmanageable). I will be able to provide letters from my GP and therapist along with evidence of medications I have tried unsuccessfully during this time. I have a PTSD assessment lined up too.

4. Wrt the suggestion I consult a lawyer, my understanding was that I can't reclaim legal costs in small claims court. Is that accurate?

I had some brief advice from the Equality Advice and Support Service who advised that the incidents in question were likely unlawful discrimination.

Thanks again.

MW123

@nickneish

I appreciate and respect your commitment to pursuing justice. However, I must emphasise the complexities and risks involved in filing a disability discrimination claim in the County Court.
UK disability discrimination law is intricate, with specific definitions, duties, and defences that can be challenging to navigate without legal expertise.

Proving such a claim is particularly difficult for those without legal training. Understanding legal concepts requires specialised knowledge, and gathering the necessary evidence, identifying appropriate comparators, and managing complex legal procedures can be overwhelming.

Additionally, there's a significant risk of being liable for the defendant's costs if your claim is unsuccessful, which could place a substantial financial burden on you given your current situation. While your savings are limited, investing in even minimal legal advice now could help you avoid much higher costs in the future.

Seeking professional guidance will give you a clearer insight into the strength of your case and whether it is worth pursuing. Most importantly, it can help you avoid the significant potential costs of covering the other party's legal fees if your claim is unsuccessful.

nickneish

Thanks MW123 but like I said I can't afford to seek legal advice. I have a very small amount of dwindling savings. I can't do nothing as the cascading effect of the discrimination was that I was discharged from my local NHS Trust on false grounds and can no longer access huge amounts of NHS healthcare. I suffer from severe mental illness and can no longer access a psychiatrist, therapy or crisis team on the NHS. I can't even access NHS physiotherapy since the same trust holds the physiotherapy contract in my area. My dwindling savings are earmarked for healthcare I desperately and urgently need on an ongoing basis.

My friends, carer and private psychotherapist have all tried to report the NHS Trust's treatment of me to the police (they think there has been fraud and I agree) but the police aren't interested. So my only hope is a county court action. And the only way I can do that is as an LIP.

MW123

@nickneish

Given your situation, attempting to navigate the county court system as a litigant in person against the NHS carries significant risks. It is not only likely to be financially demanding but also emotionally taxing and time consuming. The complexity of medical negligence law, combined with the NHS's substantial resources and legal expertise, makes this a particularly difficult path for an individual to pursue alone.

Instead, consider these more accessible free services. File a formal complaint with the NHS Trust using their established procedure. Clearly describe the discrimination you faced and its impact on your healthcare access. Specifically request remedies like reinstating your NHS services. If the complaint process does not resolve your issue, escalate to the Parliamentary and Health Service Ombudsman. This free service investigates NHS complaints in England.

You can also contact Healthwatch England for independent advice. They are impartial and have the authority to ensure NHS address your feedback and improve care standards. These services are all free of charge and may be more effective in resolving your situation without court action.

I strongly advise you not to rush into filing at the county court against the NHS. Before even considering this expensive and risky step, you should fully exhaust all free complaint and resolution services available to you. I am just off to work but I am sure @AKR or other members will be able to give you advice if you have any questions on the above. Take care xx

nickneish

It was the formal complaint process with the trust that ended with my care being withdrawn on false grounds by the CEO.

My first discrimination complaint regarded them repeatedly calling me when I hate phone calls and had made a reasonable adjustment for contact in writing only. A staff member ignored it and called me, so I made a further complaint. In retaliation he falsely accused me of multiple crimes in a referral form (he wanted to refer me to a place specialising in patients who are difficult to deal with and needed to create a criminal history in order for me to meet their referral criteria). Despite being corrected by police he refused to correct the allegations, instead creating a second referral form without the false allegations (this was disclosed to me along with the first in response to my subject access request). I don't think they realise I have both forms. I'm sure this second referral form was passed to regulators (the ICO and HCPC) as both dismissed my complaints. (rejecting my reasonable adjustments that they tell me if my evidence doesn't support my claims as being autistic it is very difficult for me to understand how to present evidence). It was really traumatising being turned away by the people who were supposed to protect me. The PTSD symptoms are killing me, I shout, scream and punch myself everytime I engage with the evidence and am then up all night with nightmares. It's why I need to file protectively to buy myself time.

I want to take discrimination actions against the ICO and HCPC too but can't afford a lawyer for everything, especially since I need to spend my savings on the healthcare that's been withdrawn. So I need to learn how to do it as an LIP.

For this reason I don't feel safe approaching Healthwatch - I expect they will take the Trust's word based on the fraudulent referral form and also discriminate against me if I request a reasonable adjustment.

nickneish

Ok, thanks for the advice.

What if I do the following:

1. Instruct a lawyer for the NHS stuff
2. Forget about ha discrimination claim against the ICO and HCPC and instead take action against them for a combination of harassment/breach of duty of care?

Does 2 sound doable as an LIP?