Opinions please how much should I claim for?

[mydiamondmum]

The CH that my LO is in, is in breach of the Data Protection Act there has been a case with the Information Commissioners Office and they have been found to be in breach.

This is about tests that were carried out on my LO without my consent (I have LPOA) and then CH manager refusing to give me copies of the said tests in spite of being instructed to do so by the ICO

Bizarre I know, but that is the way it is in this CH who seem to make it up as they go along and obviously don’t feel they need to perhaps think about the consequences.

They seem to have a policy of not replying to correspondence this has been reported to the CQC who have noted it but as I am sure you know don’t get involved in individual cases. The funding LA couldn’t really care less as long as the CH is cheap is all they care about.

So before I ramble on too much more, what I am looking for is opinions, I intend to take them to the Small Claims Court . I will have back up documentation from the ICO so I have to put a figure on my claim, the ico website says I can claim for distress caused by noncompliance.

So I really don’t know what to put down, it has been going on for over a year now the manager was grinning at me on one occasion while refusing to give me copies of the said data. It has been stressful knowing that my LO is in a CH where management show such contempt for my LO’s rights and disregard to this act.

Any suggestions, I was thinking maybe £400-£500 too much? Too little?

 

[Jessbow]

Honestly? What is the point? What will it change? where will the money actually come from?

 

[mydiamondmum]

My LO is a human being and has rights. The right to not be treated as a vegetable and have tests carried out on them without consent followed by the manager arrogantly refusing to comply with the data protection act. Perhaps a court case with make them realize this and perhaps not do it again. The money will obviously come out of the CH profit.

 

[Tin]

I have nothing constructive to say except that if you have not already, get in touch with Citizens Advice. Put your case to them. See what they think.

 

[jenniferpa]

If you really want to go this route, you sue for your quantifiable losses. Time spent dealing with it for example, phone calls and postage. But you won't get anywhere in small claims suing for intangible damages or to make a point.

I'm sorry, I can understand why you are upset about this.

 

[mydiamondmum]

The ico website states

'Previously, you could only claim compensation for distress suffered as a result of a breach of the DPA if you also suffered damage. The only time compensation could be claimed for distress alone was if the organisation broke the law when using your information for journalism, artistic or literary purposes.

In 2015 the Court of Appeal ruled, in the case of Vidal-Hall v Google, that compensation under the DPA could be awarded for distress alone.'

 

[Rosettastone57]

The CH that my LO is in, is in breach of the Data Protection Act there has been a case with the Information Commissioners Office and they have been found to be in breach.

This is about tests that were carried out on my LO without my consent (I have LPOA) and then CH manager refusing to give me copies of the said tests in spite of being instructed to do so by the ICO

Bizarre I know, but that is the way it is in this CH who seem to make it up as they go along and obviously don’t feel they need to perhaps think about the consequences.

They seem to have a policy of not replying to correspondence this has been reported to the CQC who have noted it but as I am sure you know don’t get involved in individual cases. The funding LA couldn’t really care less as long as the CH is cheap is all they care about.

So before I ramble on too much more, what I am looking for is opinions, I intend to take them to the Small Claims Court . I will have back up documentation from the ICO so I have to put a figure on my claim, the ico website says I can claim for distress caused by noncompliance.

So I really don’t know what to put down, it has been going on for over a year now the manager was grinning at me on one occasion while refusing to give me copies of the said data. It has been stressful knowing that my LO is in a CH where management show such contempt for my LO’s rights and disregard to this act.

Any suggestions, I was thinking maybe £400-£500 too much? Too little?

If these are tests that you would have consented to anyway had you been told about them then I think all you're doing is suing on a point of principle. And to be frank I'm not sure that that's going to make you feel any better about things. Are you going to feel better if the award is £500 or £1,000 or £2,000? No amount of money is going to change a situation. And what happens if your claim is turned down at the county court how are you going to feel about it then. Has your loved one been affected adversely by these tests? If not to be honest I think you should move on

 

[love.dad.but..]

I really can understand your anger at the seemingly lack of professionalism both in actions and response shown by the care home manager. However I would also consider what are your options if you take them to court and the fine balance of trust and respect breaks down between you and the care home. Your loved ones care will hopefully be unaffected if the care home have decent ethics but your relationship with the manager already fractured by their actions of tests which I agree should not have been carried out without your involvement but presumably were ordered by the GP or mental health team will deteriorate further. It is widely reported that homes give notice to residents whose relatives they perceive as difficult so what options have you already given thought to if your loved one is funded to move homes if a) you totally lose confidence and trust in the home or b) the home serves notice? Is the satisfaction of a small monetary award worth the worry of a disintegrating working relationship with the home if the rest of your LO care has been and is adequate?

 

[Jessbow]

Just out of curiosity, what were the tests? Capasity test? Physical testing ( blood testing or something similar)

I agree, take it any further and you may find your LO served with notice to vacate.

 

[mydiamondmum]

Rosettastone57 no I would not have consented to these tests to be carried in my absence and further more the claimed results, my LO could not possibly have achieved the results were read out in my LO's needs assessment and written up. They were the 6CIT tests . They have now been amended as the tests were carried out again by a doctor in my presence with a more truthful result. It is a long story but basically it is as I said they make it up as they go along. It is not about the money it is about making it clear to the CH they can not behave as they feel fit to my LO there are laws in place for protection of rights and I will make a stand. It doesn't matter about the money. Even if I lose it will surely make them realize that there are consequences to their actions.

 

[Jessbow]

Do you not fear repercussions for your loved one?

Not sure mine would still be there If I am honest

 

[mydiamondmum]

If it was just that issue then I would not have even bothered with an ICO case, but there has been many including neglect of where I had to raise a safeguarding concern with the LA and TVN's went in to treat my LO. The funding authority want my LO to stay there as it is cheaper for them and that is there only concern. My mother has rights and it is my duty to ensure that she is afforded these rights. Yes they could ask her to leave and I can also go to the papers and give them the whole story.

 

[love.dad.but..]

Absolutely we all fight for our loved ones to be treated with respect dignity and the right to access and be given good care. What was the outcome of Adult Safeguarding in response to your evidence of neglect?

 

[mydiamondmum]

Thankfully they got it sorted by instructing the care home manager to arrange tissue viability nurses to go in straight away. I think they were a bit shocked by the skin condition and now the district nurses bandage my LO once a week and TVN's oversea the situation to ensure she gets the appropriate care for her Oedemas. I had been raising the issue with the CH for 2years. It is a business ran for profit by the owner.

 

[mydiamondmum]

Thank you Kassy, really appreciate the support. xx

 

[mydiamondmum]

Carmer I am also taking on ss and the LA. It is my LO. The care home needs to learn a lesson that they are obliged to comply with the law and not take advantage of vulnerable adults and disregard my LO's legally appointed attorney. Believe me if my mother was well and they tried to walk all over her rights they would have soon learned that they chose the wrong person. Now she can not defend herself any longer and I will do that for her. So yes they will be giving me some stress but they sure will be getting some back and as I say hopefully learning lessons along the way and maybe think twice before they do this to someone else.

And about the placement it's self, if I thought for one moment that this CH was the best placement for her, then I would not be doing anything to rock the boat. But that is not the case.

 

[Rosettastone57]

Carmer I am also taking on ss and the LA. It is my LO. The care home needs to learn a lesson that they are obliged to comply with the law and not take advantage of vulnerable adults and disregard my LO's legally appointed attorney. Believe me if my mother was well and they tried to walk all over her rights they would have soon learned that they chose the wrong person. Now she can not defend herself any longer and I will do that for her. So yes they will be giving me some stress but they sure will be getting some back and as I say hopefully learning lessons along the way and maybe think twice before they do this to someone else.

And about the placement it's self, if I thought for one moment that this CH was the best placement for her, then I would not be doing anything to rock the boat. But that is not the case.

In fact no one has actually answered your original question about how much to claim for. The claim has to be reasonable in the court's view. As this is a claim which is not specific i.e not to do with faulty goods or a washing machine not repaired correctly with a specific price makes it very difficult for anyone to judge what is reasonable. There is also a time limit I think of six years

 

[Cat27]

Carmer I am also taking on ss and the LA. It is my LO. The care home needs to learn a lesson that they are obliged to comply with the law and not take advantage of vulnerable adults and disregard my LO's legally appointed attorney. Believe me if my mother was well and they tried to walk all over her rights they would have soon learned that they chose the wrong person. Now she can not defend herself any longer and I will do that for her. So yes they will be giving me some stress but they sure will be getting some back and as I say hopefully learning lessons along the way and maybe think twice before they do this to someone else.

And about the placement it's self, if I thought for one moment that this CH was the best placement for her, then I would not be doing anything to rock the boat. But that is not the case.

May I ask why you haven’t moved your LO if you are so unhappy?

 

[Flower 3]

Carmer I am also taking on ss and the LA. It is my LO. The care home needs to learn a lesson that they are obliged to comply with the law and not take advantage of vulnerable adults and disregard my LO's legally appointed attorney. Believe me if my mother was well and they tried to walk all over her rights they would have soon learned that they chose the wrong person. Now she can not defend herself any longer and I will do that for her. So yes they will be giving me some stress but they sure will be getting some back and as I say hopefully learning lessons along the way and maybe think twice before they do this to someone else.

And about the placement it's self, if I thought for one moment that this CH was the best placement for her, then I would not be doing anything to rock the boat. But that is not the case.

The CH that my LO is in, is in breach of the Data Protection Act there has been a case with the Information Commissioners Office and they have been found to be in breach.

This is about tests that were carried out on my LO without my consent (I have LPOA) and then CH manager refusing to give me copies of the said tests in spite of being instructed to do so by the ICO

Bizarre I know, but that is the way it is in this CH who seem to make it up as they go along and obviously don’t feel they need to perhaps think about the consequences.

They seem to have a policy of not replying to correspondence this has been reported to the CQC who have noted it but as I am sure you know don’t get involved in individual cases. The funding LA couldn’t really care less as long as the CH is cheap is all they care about.

So before I ramble on too much more, what I am looking for is opinions, I intend to take them to the Small Claims Court . I will have back up documentation from the ICO so I have to put a figure on my claim, the ico website says I can claim for distress caused by noncompliance.

So I really don’t know what to put down, it has been going on for over a year now the manager was grinning at me on one occasion while refusing to give me copies of the said data. It has been stressful knowing that my LO is in a CH where management show such contempt for my LO’s rights and disregard to this act.

Any suggestions, I was thinking maybe £400-£500 too much? Too little?

Good luck mydiamondmom x