Unable to Bring Retrospective Action Against Social Services???

[creativeMo]

I recently posted a thread in the Welcome Forum regarding an issue I had with my (then) solicitor and my subsequent difficulties in trying to get new legal representation.

Just to recap, my mother had been unlawfully detained in care for over 6 months, I had never heard of DoLs, and was therefore unaware that I could have taken the case to the Court of Protection.

On June 8, I had managed to get her released with the help of a new social worker, assessor, and Occupational Therapist.

A lawyer I had recently contacted advised me that, the reason I was probably finding it impossible to get legal representation against Social Services, was because you cannot take this sort of action retrospectively! ... So, in other words, the Local Authority can get away with depriving my mother of both her liberty and human rights for months on end just because I was unaware of exactly what was happening?

The lawyer also mentioned that 'it would depend on whether mum had asked to return home'. Yes, of course she did, on numerous occasions!!! I have documents which quote her demands time and again! She never consented to being dumped into care. Both mum and I were bullied and forced into this situation by the Ward Manager of the hospital she had been in.

As I mentioned in the other Forum Thread, mum had been left to deteriorate for over 6 months until June. She had been denied any proper physio or rehab, so her muscles just became wasted and useless. She returned home from care in both a filthy and pitiful condition. They'd lost most of her clothes which just added insult to injury.

Although I'm not trying to dispute what the lawyer advised me, I still cannot believe there is no other path for action here. I had complained to the Local Authority on 2 previous occasions but had received no response from them until I'd found out about DoLs!

I have written back to the lawyer, thanking him for listening, and I have also asked that he look at this issue again with a view to finding an alternative route for action against the LA/Social Services.

So far, he hasn't got back to me, but I live in hope.

Does anyone have any experience in this field of Public Law or any further advice for me?

My mum's life is shattered because of this. Surely there MUST be some action still open to me?

[echat11]

Some more info - https://www.nhs.uk/using-the-nhs/abo...in-to-the-nhs/

[creativeMo]

Some more info - https://www.nhs.uk/using-the-nhs/abo...in-to-the-nhs/

Thank you so much for responding to my post. It now looks highly likely that this is the only option open to me.

My complaint involves about 4 different areas including Social Services, the care home, the individual social worker, and the Ward Manager of the hospital! It all looks to be a rather daunting task and would have been so much easier had a lawyer represented us.

However, I will do it if nothing else turns up. I was in pursuit of recompense for all my mother has had to suffer (and is still suffering) as a result of this.

I just don't see why Social Services should get away with it.

[Manxman]

But you don't want to complain to the NHS, do you? Isn't your complaint against your mum's local authority?

(Just to clarify - most services which are covered by what people refer to as "Social Services" are provided by the local authority. There may be some areas across England and Wales where the NHS is involved, but most of the time it will be the local authority - probably the county council unless you live in a unitary authority. You need to make sure you know exactly who - NHS or council - you are aiming your complaint or legal action against).

I'm not sure what you mean by "retrospective action"? Do you mean your mum - or her legal representative - suing for damages for wrongful deprivation of liberty? I'm not a lawyer but I don't see why that could not be done - unless there is something in the relevant legislation that says it can't be done. Your solicitor ought to know. Have you asked him specifically what prevents you taking the action you want to take? (Sometimes there is confusion if you might possibly be talking at cross-purposes about what you want. Know what I mean?)

You could also try asking advice from CAB.

Short of taking legal action (which I'd have thought was quite expensive) you could follow whatever the published complaints procedure is - local authority or NHS.