Taking legal action against a care home

[Alan Breck]

My sister and I appreciated very much the support we have received from Talking Point in the past.

We wanted to let other families know about - and perhaps take some heart from - our experiences in taking legal action on behalf of our late mother against a residential care provider who fell far short of their claims of bespoke design, therapy and care for those with dementia.

We believed that the provider failed our late mother and us on many issues regarding her care - and their contractual obligations. Many of the things we were told when we placed our mother in their care we later found to be simply untrue.

We made a complaint of neglect about the provider to the regulatory body which was upheld. In their publically available inspection report the regulator also criticised the misleading promotional literature put out by the provider.

Our mother fractured her femur in the care home and following her transfer to a nursing home, we tried to seek redress from the residential care provider.

We failed to reach any sort of resolution; the management were defensive, unapologetic, and completely dismissive of our concerns, all of which had evidence to support them. In the meantime our mother passed away. To our great relief the care provided in the nursing home was exemplary.

Although neither if us had ever sought legal advice before, my sister and I decided to take our case to a solicitor.

We were distressed - and angry - that we had been sold (at a high price) such a false picture of care when we were at our most vulnerable. We felt strongly that we were taking action on behalf of our mother and we used savings to fund the solicitor's involvement.

The solicitor advised we sue the provider for breach of contract.

Fifteen months later we reached a settlement with the provider in which they also paid our costs although they admitted no liability. At every point of the negotiations the provider dragged out the process.

It has taken time, sound evidence, a good solicitor, a lot of heartache, and an outlay of money to reach this point. It has been painful and frustrating but we are fortunate that between us we were able to find the necessary resources to press on. For many people who find themselves in our position, it would be impossible to seek redress.

If you find yourself in our position and decide to take legal action, then we wish you courage and determination.

For us we feel that we have made a point and we are sure that our mother would approve.

Whilst the provider admits no liability it is our real hope that they will take complaints about breach of contract more seriously in the future - for the sake of those to whom they continue to offer care and their families.

 

[Norfolkgirl]

My sister and I appreciated very much the support we have received from Talking Point in the past.

We wanted to let other families know about - and perhaps take some heart from - our experiences in taking legal action on behalf of our late mother against a residential care provider who fell far short of their claims of bespoke design, therapy and care for those with dementia.

We believed that the provider failed our late mother and us on many issues regarding her care - and their contractual obligations. Many of the things we were told when we placed our mother in their care we later found to be simply untrue.

We made a complaint of neglect about the provider to the regulatory body which was upheld. In their publically available inspection report the regulator also criticised the misleading promotional literature put out by the provider.

Our mother fractured her femur in the care home and following her transfer to a nursing home, we tried to seek redress from the residential care provider.

We failed to reach any sort of resolution; the management were defensive, unapologetic, and completely dismissive of our concerns, all of which had evidence to support them. In the meantime our mother passed away. To our great relief the care provided in the nursing home was exemplary.

Although neither if us had ever sought legal advice before, my sister and I decided to take our case to a solicitor.

We were distressed - and angry - that we had been sold (at a high price) such a false picture of care when we were at our most vulnerable. We felt strongly that we were taking action on behalf of our mother and we used savings to fund the solicitor's involvement.

The solicitor advised we sue the provider for breach of contract.

Fifteen months later we reached a settlement with the provider in which they also paid our costs although they admitted no liability. At every point of the negotiations the provider dragged out the process.

It has taken time, sound evidence, a good solicitor, a lot of heartache, and an outlay of money to reach this point. It has been painful and frustrating but we are fortunate that between us we were able to find the necessary resources to press on. For many people who find themselves in our position, it would be impossible to seek redress.

If you find yourself in our position and decide to take legal action, then we wish you courage and determination.

For us we feel that we have made a point and we are sure that our mother would approve.

Whilst the provider admits no liability it is our real hope that they will take complaints about breach of contract more seriously in the future - for the sake of those to whom they continue to offer care and their families.

Hi, I was interested to read of your experiences. Did the outcome have an effect on any other families who are residents in this same care home? did any other family suffer the same way that you did? Did it make the local press? Was your mother self funding?

 

[KentJude]

I can't tell you how glad I am to hear of your success with this. It obviously must've cost you so much in time and effort not to mention money but you must be proud of yourselves with that result and it must now indirectly be helping other vulnerable people. Or you'd hope. Your mother would be very proud too. I'd like to think I could act similarly if necessary but so far I've only taken mum out of homes. Voting with my feet as it were!

Fantastic news. Even better if it made the local media. Congratulations!

 

[FifiMo]

I second what Kent Jude said. Many people either don't have the resources or the families to speak out for them. Although your action was taken on behalf of your mum, don't underestimate how many silent voices you have also represented by continuing with what must have been a long and arduous process. we all have a debt of gratitude to you and others that have the courage and tenacity to face up to these neglectful organisations.

So, thank you and congratulations.

Fiona

 

[Alan Breck]

Thank you for your reply

Hi, I was interested to read of your experiences. ]

Thank you very much for responding to my post.

Did the outcome have an effect on any other families who are residents in this same care home?
We haven't been in touch directly with the care home but having read the Regulator's subsequent annual inspection report it does sound as though many of the issues we raised were being addressed. The Regulator's reports were accurate in describing the failures so I am hopeful that they are also accurate in recording the improvements.


Did any other family suffer the same way that you did?
Sadly many of the residents seemed to have little contact with their families and so the number of other families we came to know was limited. Those we saw on a regular basis did seem to voice similar concerns but felt that in relation to other homes they had experienced they were willing to put up with things. In the first 6 months our Mum was there we were happy but a change in management and care staff led to all sorts of unacceptable problems.

Did it make the local press?
Although there was no confidentiality clause in the settlement we haven't 'gone public' other than this post to Talking Point. I have been thinking of writing an article for a suitable magazine...


Was your mother self funding?
Yes she was - though we were told by the (excellent) Nursing Home we eventually found for her that we should have appealed against the CHC decision. By that time we had fought so many battles we couldn't face that....

 

[Alan Breck]

Thank you for your encouragement

I can't tell you how glad I am to hear of your success with this. It obviously must've cost you so much in time and effort not to mention money but you must be proud of yourselves with that result and it must now indirectly be helping other vulnerable people. Or you'd hope. Your mother would be very proud too. I'd like to think I could act similarly if necessary but so far I've only taken mum out of homes. Voting with my feet as it were!

Fantastic news. Even better if it made the local media. Congratulations!

Thank you very much for the kind comments you've made. I think we were spurred on by knowing that our Mum was a feisty lady who would have wanted fair treatment for herself and for all the other folk in the same position.

I think it was important that the solicitor made the claim under 'breach of contract' and not negligence; apparently this would have been much more difficult to demonstrate.

We've kept a low profile on it until this post to Talking Point - but perhaps an article would be a good idea. Thank you.

 

[Alan Breck]

Many thanks for your kind words

I second what Kent Jude said. Many people either don't have the resources or the families to speak out for them. Although your action was taken on behalf of your mum, don't underestimate how many silent voices you have also represented by continuing with what must have been a long and arduous process. we all have a debt of gratitude to you and others that have the courage and tenacity to face up to these neglectful organisations.

So, thank you and congratulations.

Fiona

My sister and I really appreciated your remarks. Thank you. It is comforting to think that one's actions may benefit others.

In another of our many battles on behalf of our mother my sister was told by an NHS Consultant that we had only succeeded in accessing the rightful treatment for our mother because she (Mum) had a 'bolshy and articulate daughter'. My sister asked what about all the souls with no-one to fight for them....

As I'm sure all carers will recognise, the day to day worries and sadnesses when a loved one is so ill leave little energy to fight the necessary battles - so it is good to be able to do that now for the sake of our mother and others.

 

[TinaT]

It is fantastic that you and your sister remained united and strong. You can be justifiably proud of each other!

The scenario of other residents and relatives you paint is so sad and so very true. Time and time again relatives are too afriad of 'rocking the boat' and getting into more problems when they know that something is wrong with the care they see. I'm not sure if this reluctance to make a fuss about poor care is connected to different generations but this thought has crossed my mind.

Many carers are themselves well into old age and have suffered war and hardship which my generation has not had to face and have through life experiences been 'conditioned' to accept things as they are. Often they have their own health problems to deal with and just getting to visit is a difficult, tiering and painful journey.

I hope that as my generation and subsequent generations have the task of caring for our relatives in residential settings, we speak up loud and clear if we encounter poor care.

xxTinaT

 

[may39]

My sister and I appreciated very much the support we have received from Talking Point in the past.

We wanted to let other families know about - and perhaps take some heart from - our experiences in taking legal action on behalf of our late mother against a residential care provider who fell far short of their claims of bespoke design, therapy and care for those with dementia.

We believed that the provider failed our late mother and us on many issues regarding her care - and their contractual obligations. Many of the things we were told when we placed our mother in their care we later found to be simply untrue.

We made a complaint of neglect about the provider to the regulatory body which was upheld. In their publically available inspection report the regulator also criticised the misleading promotional literature put out by the provider.

Our mother fractured her femur in the care home and following her transfer to a nursing home, we tried to seek redress from the residential care provider.

We failed to reach any sort of resolution; the management were defensive, unapologetic, and completely dismissive of our concerns, all of which had evidence to support them. In the meantime our mother passed away. To our great relief the care provided in the nursing home was exemplary.

Although neither if us had ever sought legal advice before, my sister and I decided to take our case to a solicitor.

We were distressed - and angry - that we had been sold (at a high price) such a false picture of care when we were at our most vulnerable. We felt strongly that we were taking action on behalf of our mother and we used savings to fund the solicitor's involvement.

The solicitor advised we sue the provider for breach of contract.

Fifteen months later we reached a settlement with the provider in which they also paid our costs although they admitted no liability. At every point of the negotiations the provider dragged out the process.

It has taken time, sound evidence, a good solicitor, a lot of heartache, and an outlay of money to reach this point. It has been painful and frustrating but we are fortunate that between us we were able to find the necessary resources to press on. For many people who find themselves in our position, it would be impossible to seek redress.

If you find yourself in our position and decide to take legal action, then we wish you courage and determination.

For us we feel that we have made a point and we are sure that our mother would approve.

Whilst the provider admits no liability it is our real hope that they will take complaints about breach of contract more seriously in the future - for the sake of those to whom they continue to offer care and their families.

Going through a similar situation now as my father broke his femur in a carehome and died in hospital a few months later. There were many issues that that we had re the care of the my dad with the home and we were in the process of moving him to what we hoped would prove to be a better one when the accident happened. We have taken the case to a solicitor on a no win, no fee basis. Its not about the money , its about the fact that they were not providing the level of care that they were meant to. As profit seems to be what these companies care about we are trying to hit them were it hurts. Our solicitor advised us not to complain about the carehome at this stage. They are doing everything they can to make things difficult but we expected that. Glad to hear u were successful , gives us a bit of hope ! Thanks .........

 

[Tomcat]

Sourcing a solicitor?

Going through a similar situation now as my father broke his femur in a carehome and died in hospital a few months later. There were many issues that that we had re the care of the my dad with the home and we were in the process of moving him to what we hoped would prove to be a better one when the accident happened. We have taken the case to a solicitor on a no win, no fee basis. Its not about the money , its about the fact that they were not providing the level of care that they were meant to. As profit seems to be what these companies care about we are trying to hit them were it hurts. Our solicitor advised us not to complain about the carehome at this stage. They are doing everything they can to make things difficult but we expected that. Glad to hear u were successful , gives us a bit of hope ! Thanks .........

Can you tell me how you went about sourcing a solicitor to fight your case for you?

Do you think it's best to firstly, to go to local MP with your complaint?

Many thanks!

 

[jenniferpa]

I feel I should point out that this is a 3_year old thread so I don't think you should expect to get a reply from the original poster. You might want to start a new thread of your own.