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Opinions please how much should I claim for? - Carers UK Forum

Opinions please how much should I claim for?

For issues specific to caring for someone with dementia.
The care home that my mother is in, is in breach of the Data Protection Act there has been a case with the Information Commissioners Office and they have been found to be in breach.

This is about tests that were carried out on my mother without my consent (I have LPOA) and then CH manager refusing to give me copies of the said tests in spite of being instructed to do so by the ICO

Bizarre I know, but that is the way it is in this CH who seem to make it up as they go along and obviously don’t feel they need to perhaps think about the consequences.

They seem to have a policy of not replying to correspondence this has been reported to the CQC who have noted it but as I am sure you know don’t get involved in individual cases. The funding LA couldn’t really care less as long as the CH is cheap is all they care about.

So before I ramble on too much more, what I am looking for is opinions, I intend to take them to the Small Claims Court . I will have back up documentation from the ICO so I have to put a figure on my claim, the ico website says I can claim for distress caused by noncompliance.

So I really don’t know what to put down, it has been going on for over a year now the manager was grinning at me on one occasion while refusing to give me copies of the said data. It has been stressful knowing that my mother is in a CH where management show such contempt for my her rights and disregard to this act.

Any suggestions, I was thinking maybe £200-£400 too much? Too little?
Too little, way too little! Think how many hours this has taken you, phone calls, printing, etc. etc. What you haven't been able to do while you've been doing all this.
Cheers bowlingbun ....I knew I would get the support of another member who is not prepared to take things lying down.
I'm assuming your mother no longer has legal capacity due to dementia, to be able to give consent or withhold it?

But does the LPOA give you 'Health and Welfare' responsibility, or 'just' financial one?

If the former, fine, as surely that is open and shut that YOU have to give or withhold consent in respect of what is done to your mum.

However, if not, then actually who DOES have legal responsibility/power, if no one has gone down the (expensive and lengthy!) guardianship route?

What tests did they want to carry out, and why?
Too little!
If they have been careless of the law in one respect, they are probably flouting it in other areas and for many other residents too. So although you can only claim for your case, imho they need to be made aware of the seriousness of this issue by you claiming the full amount. So add up all the hours this matter has taken up. All the documents that have needed copying, all the postage. The hours should be at least £20 up to as much as a solicitor would charge say £100 an hour ( but be aware there is a maximum the small claims court can award.) Then add the £200-400 you first thought of for distress caused.

You need to balance it between overdoing it and the small claims not awarding it , and selling yourself short

P.s. well done on progressing this and to get such a result

Mrs A thank you for your constructive comment x

Jenny yes it is the former, story too long to go into right now, 3 years now of fighting various orgs not complying with various acts..... all down to money and austerity and peoples rights being blown away because they can!

Time for change! well over due.
I agree, not only should you be claiming for an amount that covers your distress but also your time and correspondence costs.

£200 to £400 isn't even the cost of a room at the home for a week! If you want them to think more carefully in future about adhering to protocol, then it needs to be an amount that makes the manager and her managers take note.


PS are you thinking of moving your Mum?