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Legal action against local authority

wobblyone

I need to take legal action against my local authority as all else has failed. I feel afraid because they have acted unlawfully more than once but because they know I’m unsupported they are able to create bureaucracy when I try to challenge them. I don’t think it is wise to disclose details online but I feel victimised. I am constantly traumatised and they dismiss everything as a symptom of a mental health issue. I’ve been to qualified professionals to prove that apart from being traumatised and sometimes feeling low because of being aware of my situation I am otherwise ok. I have a number of health issues and an impairment so I feel dependent on friends and partner (who doesn’t live with me or locally).

What do I do? I’ve worked in positions where we were able to signpost people who had these sorts of problems. But now it’s me, there’s nowhere to turn to.

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Comments

wobblyone

thanks for your reply @Summerlove I think we’re thinking on similar wavelengths. I’ve ignored the problem for a long time and tried to manage to get by but there’s just too many hurdles to keep ignoring. It seems pointless in taking legal action but I’ve run out of options.

wobblyone

@Catherine21 In my area services have never been great so they are much worse now. I have had legal advice and I am sure I have a case against them but I realise it is an uphill battle.

The mental health team are not appropriate as they tend to focus on acute mental health. The other services that are new really don’t meet my needs. They tend use mental health services to avoid meeting the needs of adults needing any kind of social care for physical problems or any thing else.

Thanks for you suggestion though.

Jellihead

Hi wobblyone,

I would contact the Local Government and Social Care Ombudsman to start and see what they say https://www.lgo.org.uk/

Free legal advice and those who offer free representation are usually full of cases, in my experience, across the country, yes I tried all.

Generally, again across the country, LA's are so underfunded, understaffed and therefore so ill-informed that they make lots of "mistakes" some of which can easily be remedied.

I have used LGO in the past and found it a very hard road, however, I did get some compensation from the LA. My daughter however did not receive anything and it was for her that I complained, I am her full time carer.

Do you have a group that offers support? Maybe someone who has similar complaints that you have?

Ostia

Whenever I have had an issue with the DWP not following their own rules I have written to my MP giving a brief outline of what happened and they have written to the DWP to back me up. I was not allowed to see the letter but it worked.

If your LA is not following rules then your MP is worth approaching, they have a lot of clout.

If you are linked to any disability charity they may back you up as well.

Legal action is tricky and can be expensive so I would be cautious about taking that route, personally....

All the best

onlymeagain

I agree with Jellihead. Go to the LGO. I've used them twice and my complaint was upheld both times. The LA had to pay compensation regarding one complaint. It also helped to bring about a change in law.

Ostia

Really interesting, can you say more? I didn't know about the LGO, was thinking that you planned to use a firm of solicitors.

Can onlymeagain say a little about the past case and the change in the law pls? If they feel comfortable...

Jellihead

Ostia….

If you go to the LGO website you will find information relating to lots of claims, helpful when bringing action against an LA, let this be your guide as to how successful your claim could be. It is free and it is empowering. But it is also stressful so you need to be aware of the time you need to make sure you get all your facts straight.

onlymeagain

https://forum.scope.org.uk/discussion/comment/939943#Comment_939943

It was regarding the Social Housing list. The LGO came up with 17 different things the LA did wrong and upheld them all, but one of those was that Carers should be regarded as working because our LA was not shortlisting us for houses due to them having a criteria you had to be working. I can't recall the exact wording but it was something like you had to be providing financially for the community and in their view, carers didn't do that. The law was changed so that for social housing purposes, carers must be viewed as working.

older01

@wobblyone

I have been in a similar position to you, and when you hit rock bottom the only way is up. Complain to your local council about the department that is doing you a disservice at best. Make your complaint official through their website. They have a lawful duty to respond within a certain timeframe. I did this, but whilst waiting for the usual fobbing off that I knew would happen, I checked my Right to appeal any decision by taking it to the Stage 2 appeal. This is done by independent counsel who are familiar with council procedures and how they may or may not have been wrong to act in the findings. They are very honest and fair to both parties without bias for either party.

They telephoned me and asked me for any information in relation to my case, and any email evidence that I might have. They found the council may have been right in part, but ultimately they had failed in other aspects causing undue distress to myself and my family. This led to a formal letter of apology from the council and a small monetary compensation settlement. They also advised me that in light of my case, they would be rewording the mandate they had so that no one else would have to go through the unnecessary ordeal and they apologised for the distress caused.

I hope that I have helped. Having a mental health diagnosis should not be a barrier, yet sadly it can be weaponised by some public bodies. I found the charity Mind certainly helped to inform me of my legal rights. They quoted The Human Rights Act 1989 which still stands today.