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Zonker

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Everything posted by Zonker

  1. I think the GMC has to consider harm to the public. The case seemed to be a person demonstrating his emotions in an unexpected fashion to members of his profession. So I will hazard a guess that even tho it was misconduct the public / patients had not been exposed to it. Of course there are redacted elements of it, so we will never know the full extent.
  2. I believe the council can contact the bank and see financial records. Found this on a random council website: http://www.newham.gov.uk/Pages/Services/Fraud-investigation.aspx
  3. Sali http://www.connectingforhealth.nhs.uk/systemsandservices/infogov/codes/lglobligat.pdf apologies for not quoting exact bits, but essentially they need your consent
  4. Hope the judicial review will support those that need help the most instead of being let down.
  5. I had reason to contact them recently. I am sure the 'company rules' they operate by are certainly not transparent, helpful or even honest.
  6. I think use of aids has a qualifier 'reasonably'. As I understand it, if it isn't medically required , to high a cost, an item that isn't usually used for that condition or sufficient space to store the aid the it isn't reasonable to consider that aid. ESA: use of aids and appliances section 9~13 http://www.dwp.gov.uk/docs/m-24-12.pdf Examples are given towards the beginning of that document. Upshot of it is just because some brain dead zombie thinks you can use a wheelchair , DWP DM has to decide if its reasonable. Otherwise everyone with mobility problems would be passed as they would all be assessed as using an electric mobility scooter thing.
  7. Continuing on Mr P advice regarding obtaining bank statements I seem to remember that you can obtain a printout of your account statements at a lower price, however, I cant back this up with a link. Further to his subject access request advice £10 would be the maximum they can charge. I would word the request in such a way where its up to them to advise you there is a charge. The benefit of that is if they have already commenced with the subject access request then realise they have not requested a fee they still have to proceed and not use it as a way of extending the time to comply.
  8. 25. You must take prompt action if you think that patient safety, dignity or comfort is or may be seriously compromised. a. If a patient is not receiving basic care to meet their needs, you must immediately tell someone who is in a position to act straight away. From: http://www.gmc-uk.org/guidance/good_medical_practice/respond_to_risks.asp You could use that to argue a Dr who is bound by their professions codes if they find something that hasn't been diagnosed or treated to HAVE to act upon it.
  9. Zonker

    PIP Claim

    My friend is unluckily waiting on a pip claim as well and rang ATOS and DWP trying to get some answers on why such a wait. Just the same as you , awaiting on ATOS / DWP basically say its going to get done but no timescale.
  10. A subject access request for a doctor is different than the usual subject access request. Different rules apply. If you have seen the doctor recently you can view your records for free, however getting a copy is another matter. http://www.nhs.uk/chq/Pages/2635.aspx?CategoryID=68&SubCategoryID=160 That's a list of maximum charges. The ICO has a webpage on medical records, http://www.ico.org.uk/for_the_public/topic_specific_guides/health Hope that helps
  11. Zonker

    What to do next.

    The lack of treatment isn't good. Symptoms have got worse. Suppose all I can do is make it clear to the Doctor is he responsible for primary care and its his problem to get to me appropriate treatment.
  12. Zonker

    What to do next.

    I find it easier to explain as a diagnosis that encompasses a lot of different symptoms that at least lets you put something on official forms. Yes you are right its a short term diagnosis. Since its gone on for a long time 'proper' diagnosis would be nice
  13. Zonker

    What to do next.

    Did a bit of research.... no hope of finding out names of consultants but asked hospital and no one it seems, is better at this than another. Because where I live it dictates the consultant ill see. Yep the one who hasn't listened from day 1. 1st referral no letter to me just a letter to GP 2nd referral no letter to me just to GP. GP this time wrote saying they didn't want to see me. After speaking to the GP I have the feeling they just confirmed diagnosis and said no point in seeing me. I asked for a referral back to them originally because I was 'forced' upon them from another consultant (the previous 2nd opinion I got) and didn't address my concerns.
  14. Zonker

    What to do next.

    Yes mr_masiff I have the right to ASK but not the right to GET a 2nd opinion. Learnt that last time I asked for a 2nd opinion
  15. http://www.maplin.co.uk/buy-leisure/outdoor/outdoor-heated-clothing never used myself , I have been known to wear t shirts in sub zero weather, but there seems a variety
  16. Zonker

    What to do next.

    I would if I wasn't in Scotland, so after a look it seems PASS is the Scottish version and through the overworked CAB service. I will try them as soon as they are next open.
  17. Zonker

    What to do next.

    So by the looks of things I am pretty well stuffed for help , pretty sure the doctors only real course of action is to refer... Is there anything I can point them to get maybe a referral to a private hospital at NHS expense? It seems I only have the right to see a doctor but after that there is no right to get appropriate treatment? Complaining. From what I have read on this forum that seems to get them all defensive and may not help my immediate needs. I think that will be warranted after I have help.
  18. Zonker

    What to do next.

    have done 2 times...came back as no thanks from the consultant both times 6 months apart
  19. Zonker

    What to do next.

    I was initially given a diagnosis of adjustment disorder...but that was several years ago and things have got worse beyond what is normal with that diagnosis. CPN ..nope coz the waste of space 'specialist' without even seeing me says he cant help. So that's a no with the CMHT even tho I was referred 2 times by my GP
  20. Zonker

    What to do next.

    Mental health condition...rather not go into to much detail.
  21. As you point out in your quoted cases Social workers need to investigate. This will always cause stress. Id rather they investigate every report they get than some child suffering. However in your case it seems 'overzealous' and id call predatory social workers are involved. They will say you assaulted your child and caused actual bodily harm. Sounds awful doesn't it. This isn't what the law says....in so far as disciplining your child you cannot use excessive measures and the intention must not be to cause harm. What is excessive is open to the precise circumstances. For example for a child refusing to behave near a crossing you may have to discipline it by slapping its hand, to stop it running into the road. Here is a link: http://www.dailymail.co.uk/news/article-1203506/Physically-punishing-child-NOT-law-High-Court-draws-line-discipline-physical-abuse.html Note that bruises in the article as mentioned as a direct consequence rather than as an indirect action (as in your case.) A kick or a slap will more likely leave a bruise, dragging most likely wont. The key phrase of interest is 'reasonable chastisement.' This is your defence. From the searches on the net I have found , most if not nearly all revolve around smacking. This link provides some perspective and explanation: http://www.journalonline.co.uk/Magazine/44-6/1001104.aspx As you can see its a bloody mess. Depending where in the UK you live depends on what exactly applies. Sorry if this overall isn't clear...but my maxim now after my experiences is 'don't do anything you are not prepared to defend in a court of law'
  22. Zonker

    What to do next.

    You know you in trouble when your doctor asks you what to do next.... I am unfortunately in a mire of poo. I need some help and when referral to 'specialists' came back as no thanks we don't want to see you. This is a bit of a bother for the NHS in my area setup basically means 2nd opinions are very hard to get for this field of medicine. So 2nd opinions are not really on the cards in this situation. A trip to A&E isn't either, my condition at moment is not bad enough to warrant a visit there. So hopefully before my next appointment with the doctors I am trying to work out how the system works. My current understanding is the doctor is responsible for my primary care and that I get treatment for anything they cant deal with themselves. So with the situation I find I am facing can I in no uncertain terms demand they sort it? I don't wish to be de registered with them, as that would cause more problems for me. All I can find is that I have a right to see a doctor who is competent with my case. Any ideas or things I point out to them that can help? So stuck at moment I really need advice lol
  23. Unfortunately im not in England:(
  24. One thing that hasn't been mentioned the Equalities act 2010. Can your Aunt use the pre payment meter? Is the meter located at a height that is safe? I asked this because British Gas a duty under the act. 29Provision of services, etc.E+W+S This section has no associated Explanatory Notes (1)A person (a “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service. (2)A service-provider (A) must not, in providing the service, discriminate against a person (B)— (a)as to the terms on which A provides the service to B; (b)by terminating the provision of the service to B; ©by subjecting B to any other detriment. (3)A service-provider must not, in relation to the provision of the service, harass— (a)a person requiring the service, or (b)a person to whom the service-provider provides the service. (4)A service-provider must not victimise a person requiring the service by not providing the person with the service. (5)A service-provider (A) must not, in providing the service, victimise a person (B)— (a)as to the terms on which A provides the service to B; (b)by terminating the provision of the service to B; ©by subjecting B to any other detriment. (6)A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation. (7)A duty to make reasonable adjustments applies to— (a)a service-provider (and see also section 55(7)); (b)a person who exercises a public function that is not the provision of a service to the public or a section of the public. (8)In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic— (a)religion or belief; (b)sexual orientation. (9)In the application of this section, so far as relating to race or religion or belief, to the granting of entry clearance (within the meaning of the Immigration Act 1971), it does not matter whether an act is done within or outside the United Kingdom. (10)Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland. Sorry for quoting the whole service bit. It basically means in providing the service to someone with a disability certain reasonable adjustments must be made. If the prepayment meter is not usable safely (to high / too low) and if your Aunt was not mobile enough to get the 'top ups' then a prepayment meter is not suitable. Nor would it be if your Aunt had problems in using the meter itself. The example ill use is if the meter runs out of credit and leaves no fuel to use and unable to use/top up your Aunt is now in a worse situation than the previously, to her detriment. I would suggest that 29 (2)(a) + © would be the most likely one to apply here. They can offer to relocate the meter I believe at landlords cost to a more reasonable place. I am sure the landlord wouldn't be to keen. The Act also allows for remedies in the county court. I used this section when I had a falling out with a fuel supplier and they turned up to fit a prepayment meter.. they went away without replacing the meter. Also I believe that British Gas are responsible for the actions of the people they use to do their work. I apologise for such a long winded post but feel that getting rid of the prepayment meter is the way to make British Gas deal with the issue and not bludgeon through the persons rights. They may have the right to get an entry order but they still have to comply with the Equalities Act 2010.
  25. Always a good idea to get help filling that flaming form in. They must have some very 'weird' psyco designing the form, enticing you complete the form in a way that fails to establish your entitlement. My first form that I sent back was lost somewhere in post (they claimed!) The second had no problems with.
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