30th January 2017 – Campaign Update
When I first started this action there was confusion as to whether people like my mum, who are NHS funded, have the protection of the Human Rights Act in private care homes. My aim was to clarify if the NHS is considered a Public Authority and if not to change the law. I had 3 cases:
1. The Parliamentary & Health Service Ombudsman – The PHSO have confirmed that they are undertaking a review of their decision.
2. The Secretary of State – The Government’s lawyers have confirmed directly to my lawyers Irwin Mitchell that mum should have been afforded the protections of the HRA. This is great news and means that anyone in a private care home should be able to rely on the Human Rights Act if they are placed there by a local authority or the NHS.
3. Merrie Loots Farm Residential Home – My lawyers have requested full disclosure of all documentation, care records and medical reports in order that they can fully investigate the merits of my claim and set it out to the care home.
Thanks again for your support, it means so much to me. I am will update you as soon as I have more news.
WHO WE ARE
I want to stop other care homes from being able to remove people like my mum at will.
Few families are aware that the Human Rights Act can prevent an attempted removal by privately run care homes. I think that the courts need to make the protections clear for elderly and vulnerable residents of privately run care homes.
I am being represented by leading human rights lawyers Alex Rook of Irwin Mitchell LLP and Steve Broach of Monckton Chambers. Both have particular expertise in health and social care public law, advising and representing individuals, charities, companies and public authorities.
WHAT HAPPENS NEXT
I am bringing a legal claim against this home, including under the Human Rights Act. With your help I will be able to begin the process of initiating this case to ensure all Care Home residents receive the same protections of the Human Rights Act. The first step will be for my lawyers to do all the necessary work to fully investigate the merits of my claim and set it out to the care home.
HOW WILL THE MONIES RAISED BE SPENT?
They will be spent on court and legal fees, including expert reports to support my claim. I also need to make to pay the Defendant’s legal costs in the event that my claim is not successful.
HOW CAN YOU HELP?
YOU have helped! We exceeded our CrowdJustice funding target and your kind words of empathy and encouragement are giving me strength THANK YOU X
Together lets ensure that the “care homes” we entrust with our loved ones are held accountable.
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THANK YOU SO MUCH FOR YOUR SUPPORT