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data protection issues - want to sue council and nhs individuals privately


Sherbert2
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My son who was 17 last year (18 now) has suffered from paranoia on and off for 3 years. He has had three spells in hospital. Gladly, he is now making significant progress and there is light at the end of a very long tunnel, due mostly to the love and support of my wife and myself and our pursuit of alternative treatments not available on the NHS. However, living with a son suffering this illness I would not wish on anyone. The changes in his character to self-destruct and behave violently towards ourselves and our home coupled with no support whatsoever from the authorities, took some handling.

 

Data Protection issues. The social services were involved without our knowledge or my son's knowledge and there were moves to have him accommodated with my estranged sister whom I or my family have had no contact with for more than 4 years. My sister had no knowledge that my son even had an illness, let alone that he was in hospital. Yet she was contacted and agreed to accommodate him over Xmas even though my son's discharge was not even on the agenda and home-leave over Xmas period had not been discussed with the hospital ward staff.

 

My son was at home over Xmas and was eventually discharged in March this year. He now lives in community accommodation which is helping him to grow.

 

Data Protection. The Council and Health Authority are ducking, diving, lying and omitting what went off. They know they have breached patient confidentality big time. As the courts are apparently hell-bent on protecting the authority against the common person, I think we may have more success finding out where the particular individuals at the centre of this scandal live and invoicing them directly on a personal level for damages, then taking them through the small claims courts for non-payment if they don't cough up. Anyone out there with knowledge of this course of action? It may be a first.

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Hi sher

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

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i suggest you contact social services again and tell them they have not supplied the information you are entitled to . Tell them if they do not send you this information you intend to contact the ICO and report them for violations of the data protection act. if they still refuse-which i doubt- contact the ICO and they will deal with it. have you looked at the ICO website?-its very informative. then when you have the full information about what went on you can then decide on the appropriate court action

Edited by frankieg
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Thanks for your input. I am in touch with the ICO. I was in touch with them 3 years ago regarding getting my son's medical records when he was first taken ill and it took them 18 months to respond! I have got my MP involved now and if I decide to get the ICO involved seriously, I'll ask him to do it. Surely, they will not take so long to answer him. We have had a bit more info this morning from social services. We are squeezing bits out of them gradually and they are still playing dirty in not setting out in correct order who contact whom (and still omitting content of communications). But gradually, they are implicating themselves more and more.

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  • 3 weeks later...
Goodness, especially with him being only 17 at time. You need to ask for what reason did they not consider you the parents as their first contact?

 

Sounds bang out of order.

 

He's 17 and unless otherwise proven by an assessment under the mental capacity act will be assumed to have capacity.

 

This sounds like the usual problem that arises when a young person doesn't want to share all the information heor she has shared with Healthcare or Social services staff with his/her parents

 

if the young person, deemed competent, had expressed a wish to exlore the possibility of staying with / living with another family member at some point it would be negligent not to take to take that wish into account.

 

Children and Young People are not the 'property' of their parents that went out with the 'rule of thumb' ...

 

Parents do not necessarily have the right access their children's medical records, especially if the child was a Young person 16-18 at the time - or if the child was younger and deemed competent .... Fraser Guidelines and the Gillick case must have passed you by ?

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  • 1 month later...

im going through almost the same issues where ive had my sons gp practise send slanderous allergations about me to another medical body where my son goes it was just supose to be a referal and the practice contacted the social services also and we contacted them and they didnt know why they was rung and tried to contact the person for 2 weeks to find out why but got no reply and had to drop the case all this was a attack on me to stop me finding out what the childrens and last gp had done to my son has he has health issues which he got no help then the last straw is when my gp called me in after i had blood test for cancer i was sent a letter to see him when i got there with worry he said a woman was asking for my childrens names i get on with my gp so started to tell him then relise who was this woman who wanted these details has my gp isnt any of my kids gp so i asked who is this woman i said from pct he said yes i was disgusted by this extreme tactic they went through once again so i said to my gp its an insult to me and my kids and im sure its agaisnt the data protection act he knew then has i told him once before of what was going on and how we was getting treated i said he shouldnt get involved has crimes have been commited by various health bodies and he said he wont but when i seen him again a week later he said he told this woman from the pct i wasnt happy has they was looking for someone and was i that person what can i do to actually sue someone so the rest shall stop attacking me and my kids has someone said the solicitors seem not want to take these abuser on thank you

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I'd agree with honeybee with regard to perhaps making a new thread, a new thread in which your story is laid out in paragraphs and sentences.

 

It would also be useful to mention the age of your children -as if they are under 16 / 18 then the information sharing is probably for safeguarding purposes rather than some tinfoil hatted conspiracy or covering up an alleged 'crime'

 

It would also be of relevance to note the nature of the alleged slanderous accusations

 

it would also be useful for you lay out why you consider the data protection act has been breached

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