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Carers UK Forum • What to do? - Page 4
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Re: What to do?

Posted: Thu Jul 18, 2019 11:27 am
by Rosemary_1706
Sorry, I didn't make my thoughts clear.Your solicitor will be able to advise. There's pain and suffering (physical and mental) as a result of their negligence, your father's loss of his quiet enjoyment of his life, your actual additional expenses (travel, mileage, parking, loss earnings) and future additional costs of care , cost of any adaptations to his home and any appliances he may need for his activities of daily living (grabbers, special cutlery, plates, sock putteroners )- all those aids he now needs that he didn't need before, any physical therapy or occupational therapy not provided by NHS but necessary to help bring him back to where he was.

The £1000 is just the insurance company's initial cheeky offer and you shouldnt accept that, in my opinion.

If you have a negligence lawyer, they should have medical consultants review your father's injury and advise on treatment needed and rehabilitation appropriate and likely outcome. They may need to examine your father and at very least examine his medical records. I wouldnt be in a rush to settle.

That six weeks 'rehabilitation' may not be enough and may need to be extended. Also, it would be useful in assessing your father's injury/impact on quality of life, to compare his care assessments before and after the incident. Again, negligence lawyers should be experts in assessing the monetary loss - that's what they do!

Re: What to do?

Posted: Thu Jul 18, 2019 11:34 am
by bowlingbun
Also, now that the six week initial rehab is ending (the Care Act Statutory Guidance says it CAN be extended to a longer period of needed) the care agency notes should give a good indication about progress, or lack of it. This is crucial evidence for making a case for significant compensation.

Re: What to do?

Posted: Thu Jul 18, 2019 11:42 am
by Rosemary_1706
Exactly. When mum had rehabilitation at home nothing actually happened, so I'd be curious as to whether or not the rehab was useful in Faye's father's case.

Re: What to do?

Posted: Thu Jul 18, 2019 11:57 am
by Rosemary_1706
Did you say earlier that you had been paying the carer whilst your father was in hospital? You can also put that down as an expense. Whether you'd get all of that back is hard to say, but depending on the contract with the carer and what would be reasonable in terms of not wanting to lose the carer of some years and the anticipated discharge date of your father, it's worth a try.

Re: What to do?

Posted: Thu Jul 18, 2019 12:25 pm
by Rosemary_1706
Yet another thought! The fact that the ambulance service's insurance company has made an offer, albeit unacceptable, marks a big positive step forward. Now the negotiations begin. Make sure you wait until you know the full long term impact of the injury before settling.

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Posted: Thu Jul 18, 2019 1:18 pm
by Honey Badger
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Re: What to do?

Posted: Thu Jul 18, 2019 2:48 pm
by Faye_1506
Thank you all so much for responding- you really don’t know how much it means. I’ve been feeling very low, depressed and alone so it means so much to know we can come to you for advice. Thank you.

The Trustees of the charity where my father lives have invited me to attend a meeting next Tuesday or Wednesday to discuss the noise complaint. They say I can take someone with me but unfortunately I haven’t got anyone (friends and family have long since drifted away). I will try and see if I can get an advocate or my father’s solicitor to attend but unfortunately so far with all the other meetings I’ve had to go alone. As per some of your suggestions I did mention soundproofing options and even said we’d pay (I could get a loan) . The Noise and Nuisance Team at the Council have also said they would speak to the Trustees (we measured the sound in the flat and it ranged from 40-60 dB which they said was entirely reasonable for a flat) . The council said they wouldn’t have touched /pursued the case with a ‘barge pole’ : it simply wouldn’t meet their thresholds but as the charity counts as a private landlord in law we are advised (by my father’s solicitor) they can really do what they like. They don’t have to justify their actions. Please keep everything crossed that it goes well as I just don’t think I could cope with having to move my father at the moment!

We have got a solicitor representing my father over the personal injury. They are going to appoint an independent medical expert to review his medical records and then advise on what we should do. Unfortunately they have had trouble finding anyone to take it on but hopefully that will be resolved soon. I would be upset if he only received £1k : not that it’s so much about the money (although we really are short at the moment) but rather that after everything that has happened it would feel like a slap in the face to not even cover the costs of travelling to the hospital.

We met my father’s new social worker on Tuesday and he reviewed his needs. He seemed very nice but goodness knows what he will recommend. I have asked to see the draft care plan and assessment of needs. I’ve also pushed again for a Continuing healthcare assessment to be done. The reablement package finishes tomorrow -I’ve asked if the suppprting care arrangements can continue until a new care plan is agreed. We shall see. As others have said I didn’t really notice any difference between my father at the start and end of the reablement package - not much seemed to be done during it however it did mean that he got to leave hospital and get double handed care for six weeks. Even his renal consultant has said that he is much happier and more communicative now he is home. I suppose I am just bogged down in all the stressful day to day stuff (carers and patient transport not turning up etc) that it’s hard to see anything positive. I know I need to change my way of thinking- I’m just exhausted and feel very down. I honestly feel that on occasions the elderly, disabled and their carers are treated as sub human- that people can do anything to us /treat us however they want and there are simply no consequences. Their lives carry on as normal with holidays /nights out etc whilst ours are in ruins and we are left as exhausted wrecks. It’s all very sad. I don’t know how you all get the energy to keep going. You are amazing.

Thank you once again for everything. Your help and support really does mean such a lot.

Re: What to do?

Posted: Thu Jul 18, 2019 5:51 pm
by sunnydisposition
https://www.housing-ombudsman.org.uk/

https://www.housing-ombudsman.org.uk/re ... rd-search/

By law we only consider complaints about member landlords.

See if the association is registered.

https://england.shelter.org.uk/get_help

I think someone already suggested the above

https://www.housing-ombudsman.org.uk/ab ... work-with/

Re: What to do?

Posted: Fri Jul 19, 2019 9:02 am
by Faye_1506
Thank you for this. I have spoken to Shelter and a solicitor. My father lives in an Almshouse which is run by a charity - who for these purposes count as private landlords. Apparently as such they only have to give 28 days notice and would not have to give a reason for ending his tenancy. Despite him having lived in his current flat for over five years and the reasons behind the complaint being unreasonable (ie that he is coughing and breathing too loud and carers are alledgedly arriving at 6am when we can prove they are not) he doesn’t have any rights.

We will just have to hope that the meeting next week goes well. It is so depressing.

Re: What to do?

Posted: Fri Jul 19, 2019 9:07 am
by Chris From The Gulag
Apparently as such they only have to give 28 days notice and would not have to give a reason for ending his tenancy.


A dreaded Section 21 notice , Faye ?

( More on that if needed ... only posted the latest on that issue on another thread earlier this morning ? )