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Damages Limitations (or “All I Want Is A New Sodding Bed”)

November 5, 2012

On 26th July 2012, Steven was awarded damages by the Court of Protection following Justice Peter Jackson’s ruling in June 2011 that Steven had been illegally deprived of his liberty for a whole year in 2010. The official solicitor had tried to negotiate a damages package with the Defendant for over nine months but, as has been the case since Steven was first held by Hillingdon, this proved impossible and so the matter had to come before the court again. So, it has been 17 months since the original judgement and four months since the damages ruling and Steven is still as far as ever from receiving the award.

For the first time today, I got a copy of the judgement. It states that “the defendant shall  pay to the claimant the sum of £35000 in full and final settlement of his claim, inclusive of interest, such payment to be made within 28 days of the date of the order herein”. I only received the order as I asked the solicitor for a supporting letter to provide to the bank to try to arrange a bank loan to buy Steven a new bed. I am repairing the current bed about twice a week but it must be bloody hard for him to sleep properly in a Heath Robinson contraption.

It seems like the delay is caused by the OS’s application for me to become Steven’s welfare deputy and that the money won’t be released until the court agrees to me taking on that role. That sounds fine and I’m more than happy to do that. However, so far, it has been fraught with difficulties:

  • Steven had to have a mental capacity assessment to determine that he doesn’t have the capacity to manage his own affairs. I wrote about that experience in a previous blog but it has transpired that the doctor failed to complete the whole form, so it had to be returned to her for completion.
  • I had to complete and sign a “notification” form that stated I had explained to Steven what is happening and that he agrees to it. I did this the day after receiving the form two weeks ago but was told today that the forms have never been received so have to go through it all again.
  • Steven was awarded legal aid when the order was granted in July but legal aid has a time limit on it and that has now expired (without anything happening), so he’s had to reapply all over again.

Today is the deadline for getting all the forms back to the Court of Protection. And then what?

Nothing is ever easy.

And all he wants is a new sodding bed


From → Social Care

  1. Suzanne Hayes permalink

    my sympathy with you we have been caught in the same thing you want to be careful when you receive this money because it will be means tested by everyone and basically they will take what they want and you and steven will be left with 0. Find out if you can put it into a Special needs trust fund which is managed by trustees you being one and they have rest of money to make magic beans with.

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