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

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.

It was the formal complaint process with the trust that ended with my care being withdrawn on false grounds by the CEO.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