Pre-action protocol for issue with Adult Social Care

[SweetWilliam]

Hi, I was looking up the CPR guidance on pre-action protocols and got confused by the guidance.

I have a claim of a serious breach of the data protection act 2018 by an individual Social Worker however she was working in a team at the time Adult Social Care at a council who had failed to properly address the breach, other than to accept it but also in the events of inadequate care of an elderly person with dementia as teh Safeguarding team were aware of.

Please can you advise me as to who the defendant in the case should be and which pre-action prototcol should I use?

[atticus]

I would direct your letter and claim to the employer.

The general pre-action protocol should be considered where you cannot identify a protocol for the specific type of case. Link: https://www.justice.gov.uk/courts/pr...action_conduct

[SweetWilliam]

Thank you kindly.

I am very concerned not to trip up at the first hurdle :-) I might just ask the courts for clarification as well.

[atticus]

Good luck with that.

[SweetWilliam]

Good luck with that.

I'll let you know :-)

[PallasAthena]

Have you gone through the council's full formal complaints procedure, usually Stage 1 then if still not satisfied Stage 2?

[SweetWilliam]

I am a bit confused tbh. My complaint to the council was sent to the team leader who sent me a no-apology apology and suggested that the matter was closed, but of course it was not.
I think that if I write to the council again and see what they say.

[PallasAthena]

Check your council's procedure for dealing with complaints, which should be explained on their website.

Usually it is in 2 Stages. Stage 1 it gets considered by a more senior manager in the department/team you are complaining about. If you are not satisfied with that response you can escalate it to Stage 2 where your complaint will be considered by the council's central complaints department.

It sounds like you have gone through Stage 1 and are still disatisfied. So now escalate it to Stage 2.

If you can resolve it at Stage 2 it will be quicker, easier and cheaper than starting legal action.