Jump to content


  • Tweets

  • Posts

    • Hi there,    I have had a little read of the forums and I'd be grateful for any advice or recommendation on this matter as to be honest my head is in a total spin and I can't think clearly.   About 6 weeks back I got caught using my grandmother's freedom pass. I was massively struggling financially and desperate for a job. I was obsessed with getting a job to the point I thought of little else. I have autism and have been suffering with anxiety and depression also. To be transparent, I haven't had a 'clear head' in a while and lack a bit of an understanding of the bigger picture at times. When I used the pass, I genuinely thought it'd save me money getting to the interview (I had about £10 to my name and just was petrified about my life prospects) and put the pass back at my grandmother's and there would be minimal issues. I knew you could get prosecuted for not having the right ticket and knew I shouldn't have done it but I didn't actually understand what that entailed, if that makes sense?   I was caught on the way to interview and crumbled apart completely. As I was approached I panicked and attempted to produce a card I hadn't used. Safe to say the experienced inspector saw through that and once that happened I confessed to it not being my card and it being that of my grandmother's. I explained that I'd been made redundant in the summer and that I've always had a hard time finding jobs. I said I used the card because of my poor finances and that I just wanted to try and get the job and everything would get better after that.    He took my statement, cautioned me and I honestly don't remember the rest as I felt completely emotionally overwhelmed. Amazingly I did get the job and started the next day. Shaken up by what happened, I have consistently used my own oyster card since, eventually confessing my poor finances to my family who agreed to help me through the first pay day. Days later I received a letter from TfL which asked me to provide any mitigating reasons for them not to pursue prosecution. I accepted that what I had done was wrong, apologised profusely and promised to never do it again. I explained everything about my consistent struggle with employment, how I would lose my job if I was to be convicted, and that I only now understand the consequences of Freedom Pass misuse. I also described in detail my poor mental health and how it was worsening since the incident. I submitted this letter and received a response through email from one of the prosecutors who asked for further evidence of the mental health conditions and disability I was alluding to. This was towards the end of last month. I panicked and just didn't know how to reply, but I have since requested my medical records which I haven't got back yet. My anxiety and depression has gotten much worse, I was signed off sick from the new job i got, then subsequently let go from this job because of my sickness. I was prescribed medication not long after the initial incident and will be getting a higher dose soon. I am having constant panic attacks as I am terrified for my future life prospects. I struggle already finding and keeping a job because of my disability and coping with depression. I just feel a criminal conviction will be one barrier too many for me to find anything. My previous roles and work have all centred about some law and some finance which required Enhanced background checks. I emailed the prosector team member who emailed me all of this info and also explained that my anxiety over this incident had caused me to be off work sick and that I had subsequently lost my employment. I mentioned that I was remorseful and apologised again, and offered to pay a fine that TfL felt appropriate along with any other fees necessary in order to settle out of court. I said I have requested medical records and asked if there was a deadline to submit further evidence. I heard nothing back. Today I received a single justice procedure notice for entering 'a compulsory ticket area without having with him a valid ticket'. it's clear they intend to go on and prosecute me and i feel sick and cannot sleep even though I'm utterly sleep deprived.   The statement given by the RCI is in my opinion fair and accurate, I have no qualms there.  From what I can make out from the paperwork, it's the £4.90 that's in dispute (the cash value of the fare) which I've gotten from the RCI's statement and there's a mention of a fine (which would be reduced up to 33 % if I plead guilty) costs (mentioned as a 225 contribution) compensation (mentioned as £0.00) and victim surcharge with no value mentioned. I honestly feel my life is in ruins worrying about this and thinking about how bad things would be with a conviction. Sorry for the too much info but I feel like I'm very much at the edge at the moment. I know it may seem like my health getting so bad is an overreaction to the incident but I think that is the impact of my autism (I have a tendency to over worry and obsess) and my depression. I honestly can't think straight and the reason for my post is because I do need some direction in how to respond to this? I received a decent tax rebate at the end of october as well as full wages from my last job and would be in a position to pay. I just can't take the conviction hit.  Any ideas on my next steps, I still haven't sent further evidence as I'm still gathering it but should I start there? I have 21 days to enter a plea. I'm still awaiting my medical records but have a picture of my prescription, my 'fit note' which signed me off work, and have screenshots from my tfl account that show that I have been using my own oyster account since (Although now being out of work and most of the time find it hard to leave the house - these journeys are sporadic). I haven't consulted my doctor fully about why my health has gotten worse but I may talk to her in the hope that she may also write a letter if this would be helpful?   Apologies for the novel and again, any help, advice, and kind words would be appreciated. I recognise what I did was wrong but I am desperate to not pay for it for years and years to come.  
    • Send them an sar then threaten them with the ico if they dont remove it.
    • Please will you send the utilities company a subject access request. Do it tomorrow. Don't hang around. You will need this information to make any headway.   Secondary, you have posted quite an extensive story in a solid block of text and this is very difficult for people to follow. It discourages people who might otherwise be prepared to give you very useful support and advice. please would you avoid posting your stories or your responses in solid blocks of text. They need to be properly punctuated and spaced and generally speaking presented in a way that you would yourself like to have them presented to you if you were going to to help out on the thread.    
    • I think that he is trying to imitate Delboy Trotter.
  • Our picks

nigel1804

mums care home report on neglect and abuse

style="text-align:center;"> Please note that this topic has not had any new posts for the last 910 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

its a while since I have been on the CAG site and that was for bank charges and PPI claims

 

 

I now find myself with a report from the care home in my hand with the opening line SR sustained physical abuse and neglect of which all have been substantiated

 

 

any one out there can help with the next stage as i feel that I owe it to my mum to fight for her

 

 

we moved her from this home and within ten days she passed away after the other home broke her foot and she was hospitalized.

 

 

she couldnt move herself in bed or in a special chair

 

 

any good lawyers be able to help me please.

 

 

not sure if this is in right section for this


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

Hi

We don't recommend any solicitor on CAG as mostly, users can do this without the need however, this case may need specialist help which CAG may not be able to assist with. Check with CAB and see if they have a list of solicitors who can help.

 

There may be some CAGgers here that have a similar situation to you so hold on for more input


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

many thanks silverfox.

 

I did feel this could be the case

 

so just thought i'd throw it in to see if anyone else had done a similar thing I'll keep an eye out on my thread. What do you mean by CAB

 

regards Nigel1804


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

My dads 82

 

 

does anyone think he would be entitled to legal aid for a case against them

 

 

or is this only reserved for footballers druggies and prisoners.

 

 

sorry but im quite bitter at moment


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

In a negligence case, there are many no win-no fee ambulance chasers around but if you decided to go that route you need to cross your 't's' and dot your 'i's' as otherwise you may get ripped off by the less scrupulous members.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Nigel, i think you need to give yourself a bit of time to clear your head and to try gain strength after this bereavement, made worse by these neglect issues.

 

I can remember when my Mum died many years ago and the whole family were furious with the NHS Hospital as the level of service was extremely poor. Wards full of people, with insufficient nurses, young doctors and one senior consultant doctor trying to cover 3 wards. Had my Mum been in a private Hospital or a NHS Hospital with more staff, then she would have probably had better treatment and lived for many years longer. Of course we wanted to sue the Hospital, but passions run very high for months as bereavement is very powerful draining you emotionally. We did not sue in the end because we did not have a clear cut case and if we had won it would just take money away from NHS to treat other patients.

 

What you need to ask yourself is what you want to achieve by legal action ? If your main reason is safeguarding other care home residents, then if this report contains issues of criminality, i would ask why the Police had not been informed, if this has not happened yet. Also i thought the Care Quality Commission had some responsibility in ensuring standards and to take urgent action where required.

 

It might be worth phoning Age UK charity helpline, to see if they can advise you what actions you could take. Don't get a Solicitor involved until it is the right time to do so and they are the right person to help you. Many Solicitors are quite willing to help in these situations, because they have a passion in resolving the issues and not just to earn fees.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Many thanks for the advice sikverfox1961,unclebulgaria67.

 

 

" If your main reason is safeguarding other care home residents, then if this report contains issues of criminality",

 

 

The social worker asked do we want to issue a formal complaint

 

 

Dad initially said no until the social worker said lets put it this way

mum is out of there now but think of the people left behind.

 

 

we didnt instigate the report

it was done on the back of the ambulance crews report on concerns for my mum.

 

 

needless to say

1 nurse was sacked due gross misconduct of care of duty and 2 carers were suspended and to cap it all the home has now closed at christamas and

 

 

the notes for the period where my mums foot was broken cant be food

 

 

my mum had suffered from surviere Alzhiemers for 12 years.

 

 

couldnyt communicate in anyway

she couldnt move just bed bound or chair bound

 

 

.so how did she get what would be normally a footballers injury either in bed or in her chair with bent toes broken foot laserations to toes.

 

 

you may ask why didnt we see it

 

 

i dont undress my mum to check for injuries everyday we visited

 

regards nigel1804


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

I think the CCQ health and safety social workers etc were involved in the report nurses reported to other organisations to prevent them working else where report was done by carehome manager agency staff also reported


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

Thread moved to an appropriate forum.

 

Please continue to post here to your thread Nigel

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

many thanks Andy

 

regards Nigel1804


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

If it were me, if this report suggests criminality, i would phone the local Police on 101 to see if i could book a meeting with an officer to make a criminal complaint with the report as evidence. It will then get referred to officers that can assess the situation and come back to you. One reason you might choose to do this, is that staff from this home might have gone to work elsewhere with elderly people. They might not have been found out by the investigation, but Police are more likely to be thorough if they are willing to investigate. Sometimes CCQ and local council officials don't report things to Police or actions are not taken e.g Winterbourne view care home case.

 

Was this home NHS, local council run or a private home funded by the council ? Whoever ran and financed this home must have a procedure in place to help relatives with their complaints. Before you could go down the civil legal route, you are wise to have exhausted any official complaints process that might exist.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

This was a private home and my Mum nursing needs were funded by NHS due to the severity of her nursing needs. I believe that the nursing persons in the report have been reported to other organisations to stop them working in the care services ever again. The only relative help the home has given is the report it's self.They haver organised a meeting with the ex manager of care home who carried out the report the manager of the Agency supply staff the social worker helping us and a couple of other people from other organisations.I wonder do I wait for the meeting to see what they are saying further to the report. I have a relative who is high up in care assisting and works as a care manager elsewhere and I'm asking her to look at it to see what she thinks.the report raises 4 breaches of neglect and gross misconduct with a conclusion of substantiated.the nurse didnt carry out correct procedures and notes cannot be found for this time period to which my mums foot was broken she was therefore left over a period of a few days because the nurse made no notes the other staff had nothing to follow up or keep an eye out for.It was the paramedics that brought it to light as to the fact that it had been done some time.


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

As others have noted:

1) There is the issue of both criminal and civil proceedings.

2) If the home has now closed, who do you want proceedings against.

 

Social services (and then the police) would be the route for investigations of assault (and cruelty), or even manslaughter (if negelct / gross negligence led to the death).

 

Civil proceedings : the only sanction the civil courts can issue is damages as a financial penalty.

However, the CQC may be interested in the care company, especially if they operate other care homes.

Also, is the owner (or manager(s)) of the care home a registered professional? if they are a doctor (GMC) or nurse (NMC) then their designated professional body might take an interest if they failed in their professional duties.

 

so, plenty of avenues to explore.

Be aware that in a case in a civil court (for damages), the estate of the deceased has a statute bar of 3 years from the 'cause of action' within which any claim for damages would normally need to be issued.

If the home has closed, has the company behind it folded?. If a limited company and it is in liquidation, there may be no point in pursuing it, unless a claim can be made against their insurers.....

Share this post


Link to post
Share on other sites

Many thanks BazzaS

 

The home has closed but the company behind it still exists.Its trying to reopen just as a residential home in the spring.

 

the ex manager of the home is now the area manager for the company and knows my family well amd she conducted the investigated and filed the report.

 

social services have been helpful they are very keen to get area manager. safe guarding co ordinator, social worker. agency manager/owner to a meeting with me and my dad. the report brings out failings in every paragraph of the 11 page report which by the way is the interim report to yet be finalised


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

I would echo Bazzas excellent post.

 

 

If you do meet, I would strongly advise you to record the meeting. Regardless of how many of you are present (on your side), it can be difficult to recall conversations. To be honest, I wouldn't ask permission, (in case of resistance and antipathy) but record covertly. Written notes are never the same.

 

 

In the meantime, obtain as much data as possible (from the care home who should have records regardless of whether they are closed and the hospital), using the Data Protection Act. If some records have been 'lost,' let them admit that in writing.

 

 

As painful and as difficult as the process is, (and there may be many times when you want to pull your hair out or give up) it's important to take action - to seek justice for your mum and to prevent others suffering the same fate.

 

 

Good luck and let us know how you get on.

Share this post


Link to post
Share on other sites

WE had our meeting and now they are still saying that everything happened it might not just have happened on that date . Now did the nurse put down the wrong date the one before saying that these things had happened because she wasnt on duty that day or are fourseasons totally clueless as to what happened cant find datex sheets then suddenly they can its rediculous. Now the area manager that conducted the report has now left them so now we are searching around to find someone whos taken over the case.

 

 

total and utter disarray

 

regards nigel 1804


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

So are you saying the home that mistreated your mum closed down, but the company that operated it are still in business and presumably operating other establishments?

 

 

Complaining can be an utterly draining business.

Share this post


Link to post
Share on other sites

Hi Sali

 

yes basically the home closed ,the company still exists , they are dragging their feet after my solicitors contacted them asking for all the notes on the back of the report that their area manager did. the area manager has now also left so we are waiting for someone else to take up the reigns.

 

The area manager used to be the care home manager and it was her that instigated medical assistance after being away for a few days. The paramedics raised the issue due to it being an old injury.

 

my mum died 10 days after she came out of the hospital and we put her into another lovely home. She had every thing she could need and more in the 10 days she was in there.

 

The care home area manager left no stone unturned and there were many counts of neglect and gross misconduct

 

8 people looked after my mum for 7 days not one got medical help for her with her 5th metatarsi broken either someone hid something or they are all to blame.

 

regards

 

nigel1804


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

Sali

 

what you have to realize is that my mum couldn't walk talk feed herself she could hardly move and was not able to make conversation or communicate.

 

I've seen my wife with a badly sprained ankle sream in pain as her soft nightie touched her ankle so god knows what my mum felt


HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

Share this post


Link to post
Share on other sites

Hi again,

As with a lot of companies, covering their backsides is the No1 priority so getting a clear timeline of evidence is tough going. The fact that the care home has closed speaks volumes and in my opinion, opening the same home as a residential only home is not much different to a care home.

Unfortunately, this process is going to take up a lot of your time and you will need the strength of the Gods to get to the end. As you have instructed a solicitor to get this data, you may need to keep some of what you are told private as disclosing may cause you issues as this data may be confidential.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Nigel1804,

It is terrible to lose a parent at any time and can only be compounded when you believe poor or neglectful care has been a contributory factor. I understand your mum was unable to communicate, but it shouldn't be too much too hope that a care home employs staff who are trained and watchful of those most vulnerable.

 

 

Under the Access to Medical Records Act 1990, I thought the care home had 21-40 days to respond to a request (I used this when I applied for my relative's records, although it was from a hospital not a care home). If the care home management (it should not matter that this specific care home has closed) do not do this or are unhelpful, I would contact the ICO for advice.

 

 

Silverfox is right, even with a solicitor, the road is long and bumpy. There will be times when you want to scream, tear your hair out and cry. Is the solicitor no-win, no fee? The law is fickle, even with all evidence on your side, there is no guarantee that you will win the fight.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...