Remaining politically neutral during General Election 2024


Under guidance from the Electoral Commission and Charity Commission, it's important that Scope remains politically neutral during General Elections.

While we understand that this period will see many passionate discussions and do not want to discourage open discussion, we cannot allow discussions which are purely intended to influence voting.

As ever, please make sure that your comments remain respectful of other people's opinions and keep to our online community house rules.
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Local Councils snaffling medical negligence awards

Options
MidgeCaryer
MidgeCaryer Community member Posts: 6 Listener
edited August 2016 in Cerebral palsy
Council refusing services to medical negligence award recipients

Comments

  • MidgeCaryer
    MidgeCaryer Community member Posts: 6 Listener
    Options
    I meant to write more - just joined forum and wasn't sure what I was doing. Has anyone else come across this? Some 16 odd years ago, my daughter won a medical negligence claim. Since then she has always bought her own equipment, paid for some specialist therapies and paid for her own personal assistance. She is now living away from home at university to do a masters degree and is assessed as needing 24 hour care. Her award is structured in such a way that it does not cover the cost of 24 hour care so we asked our local council for some help via direct payments. It has taken nearly 2 years and costly legal advice to get anything like a reasonable reply from them. A few weeks ago they agreed that she should pay a contribution to her care and they would pay the balance. They have now decided, with all the cuts, that my daughter should pay for ALL her care and they won't contribute anything. This means she will be in a worse position than if she had not won the med neg case, as she will be left with nothing to live on. I am sure this was not the intention of medical negligence law. What's the point of suing if you end up in a worse position? Any advice, comments welcome.
  • kingyclan
    kingyclan Community member Posts: 17 Listener
    Options
    Hi Midge,

    Not sure how much help I can be as I assume you are talking about adult services. I am still under paediatric with a DP package split between SS and Health. Health refused initially - 'double recovery' but like you found care needs had increased beyond the intial capacity of the award. I pursued it and got hold of their 'assessment' document which clearly indicated an entitlement. Certainly in paeds, finances are not relevant and I refused to give information regarding my sons award. It took 18mths and the help of our original solicitor but I got there.

    I have heard of adults being refused any assistance on the grounds of private funds. I've also heard that money in CFO is regarded as exempt.

    I can only recommend a chat with a specialist solicitor and can recommend Kingsley Napley as a starting point.
Complete our feedback form and tell us how we can make the community better.
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.