Hello, new to the Forum

[creativeMo]

I just couldn't find the area of law I need help with here so, perhaps someone can guide me in the right direction!

It's Public Law I need help with having been unable to find a solicitor willing to take on my case. After months of fighting Adult Social Care, with regard to my mother, I found to my horror that she had been unlawfully detained under DoLs for a period of 6 months!

Not only had I never heard of DoLs, but I had no involvement in the process and was therefore denied my legal right to take the case to the Court of Protection. I found a London solicitor firm to secure us Legal Aid and take the case to the CoP. But when I finally managed to get mum home at the beginning of last month, my solicitor appeared reluctant to progress our case to the next stage which was to make a claim against Social Services for unlawful DoLs. I thought it was agreed that this would be escalated. His excuse was, 'he didn't feel he had the expertise' (although he had handled such cases previously) and also that he'd, 'be on leave until June 24'! Feeble excuses IMHO!

Although the firm claimed they handled Public Law & Judicial Review, I was referred to another solicitor from a different practice. All I received there was a, 'sorry, work overload' automated reply!

During the period mum was still detained, the solicitor told me I'd now have Deputy status. Yet, because it never went as far as the Court of Protection, I've no documents and no idea as to what my legal status now is. I feel the solicitor has acted extremely unfairly by taking our case on and not seeing it through. He knew my intentions with this and the goals I wanted to achieve. I almost have the mind of contacting him again to put a few things into perspective.

I have tried other law firms to little avail. Why is it virtually impossible to get help?

[echat11]

Hi CREATIVEMO

Here's some info on DoLS - https://www.ageuk.org.uk/globalasset...guards_fcs.pdf

Age UK might be able to point you in the right direction - https://www.ageuk.org.uk/information.../legal-issues/

Regarding the solicitor, you can do two things, Firstly summarise what's happened. Give them the opportunity to resolve the matter, if they won't, tell them you want a Final Response so you can take the matter to the Legal Ombudsman service.

You can also consider lodging a complaint with the Solicitors Regulation Authority providing you have the evidence.

[creativeMo]

Thank you so much for your response, ECHAT11. The information you have given me is extremely useful. I am now in a position of not knowing where to turn. I will indeed contact the solicitor again tomorrow. To just drop an ongoing case midway is just unacceptable. I'll lodge a complaint with the SRA if I need to. My mum is still suffering the fallout of her months in a care home NEITHER of us consented to. We were bullied and intimidated into this when there were no other options available to us at the time.

[des8]

Regarding the Deputyship ask the Office of Public Guardian if it has been granted.
If not apply for it

OPG contact details; https://www.gov.uk/government/organi...ublic-guardian

[echat11]

Thank you so much for your response, ECHAT11. The information you have given me is extremely useful. I am now in a position of not knowing where to turn. I will indeed contact the solicitor again tomorrow. To just drop an ongoing case midway is just unacceptable. I'll lodge a complaint with the SRA if I need to. My mum is still suffering the fallout of her months in a care home NEITHER of us consented to. We were bullied and intimidated into this when there were no other options available to us at the time.

CreativeMo - Contact him in writing, you need to nail down exactly what their position is. Over the phone you won't be able to establish or have evidence of their position.

[creativeMo]

Regarding the Deputyship ask the Office of Public Guardian if it has been granted.
If not apply for it

OPG contact details; https://www.gov.uk/government/organi...ublic-guardian

Thank you for your kind and helpful response. I will get onto this later today depending on what reply I receive from the solicitor.

[creativeMo]

CreativeMo - Contact him in writing, you need to nail down exactly what their position is. Over the phone you won't be able to establish or have evidence of their position.

Right you are! I wouldn't have thought of that.

When you really come to consider it, this solicitor had left me high and dry. As I mentioned previously, he knew very well my intention was to progress this case in pursuit of suing Adult Social Care. Because I managed to change the social worker when the care home declared in writing that no Standard Authorisation had been in place, I made the solicitor aware that mum was finally being allowed to return home.

His response?

I was to contact him as soon as mum was home in order for him to advise further on taking our case forward.

As history has it, he suddenly claimed it was beyond his expertise to deal with matters of Judicial Review although he had dealt with this type of case previously. After advising me he'd 'consider it', he decided his 'workload was too heavy, he was going on leave, and didn't feel it was in the best interests of mum or myself to take on the case at this stage'.

He was far more content to refer me elsewhere which simply led to a dead end!

And this from a partner in a law firm specialising in Judicial Review and Public Law!!!