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Dear all,
I'm a tad confused and distressed to say the least.
A local NHS Trust abjectly failed to respond to a complaint of mine, and not for the first time. I had previously sent them numerous letters before claim alleging contraventions of the Equality Act 2010, which I strongly suspect played some part in their decision not to process my complaint pursuant to the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
Subsequently, the said Trust then abjectly failed to comply with the Practice Direction on Pre-Action where no specific protocol applies after I sent them a further letter before claim alleging a contravention of section 27 of the Equality Act 2010, which is also not the first time (they have failed to comply on around 4 occasions). I felt I was left with no choice but to issue a claim otherwise I would have been out of time.
I received the Defence yesterday (over 2 months after service of the claim form), and the said Trust's solicitors are attempting to somehow frame my case as a clinical negligence claim. I suspect this is because they have no legal cover otherwise by way of NHS Resolution. Also, the clinical negligence protocol gives them more time to respond.
They have also cynically applied to have my case struck out by way of the Defence.
How on earth can a section 27 Equality Act 2010 claim be treated as a clinical negligence claim? What breach of duty do they think I am claiming by virtue of the fact that the Trust abjectly failed to process my complaint? Are they just trying their luck?
I should also add that the Defendant is now claiming that it allegedly dealt with my formal complaint before I even raised it! Is that even possible? In my opinion, that is completely absurd and fanciful.
To make matters worse, they could not be bothered to let me know of this feeble excuse after I sent them a letter before claim, and are now using this nonsense as a basis to strike out my claim.
Sincere thanks for any input.
I'm a tad confused and distressed to say the least.
A local NHS Trust abjectly failed to respond to a complaint of mine, and not for the first time. I had previously sent them numerous letters before claim alleging contraventions of the Equality Act 2010, which I strongly suspect played some part in their decision not to process my complaint pursuant to the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.
Subsequently, the said Trust then abjectly failed to comply with the Practice Direction on Pre-Action where no specific protocol applies after I sent them a further letter before claim alleging a contravention of section 27 of the Equality Act 2010, which is also not the first time (they have failed to comply on around 4 occasions). I felt I was left with no choice but to issue a claim otherwise I would have been out of time.
I received the Defence yesterday (over 2 months after service of the claim form), and the said Trust's solicitors are attempting to somehow frame my case as a clinical negligence claim. I suspect this is because they have no legal cover otherwise by way of NHS Resolution. Also, the clinical negligence protocol gives them more time to respond.
They have also cynically applied to have my case struck out by way of the Defence.
How on earth can a section 27 Equality Act 2010 claim be treated as a clinical negligence claim? What breach of duty do they think I am claiming by virtue of the fact that the Trust abjectly failed to process my complaint? Are they just trying their luck?
I should also add that the Defendant is now claiming that it allegedly dealt with my formal complaint before I even raised it! Is that even possible? In my opinion, that is completely absurd and fanciful.
To make matters worse, they could not be bothered to let me know of this feeble excuse after I sent them a letter before claim, and are now using this nonsense as a basis to strike out my claim.
Sincere thanks for any input.
