Dear Derick
Thanks for replying to my message.
Firstly, I have had a CCA, but the Local Authority and Health Authority say
that they have not got the specialist resources and professionals in my
locality and they will have to go 'out the area' for specialist treatments,
therapies and supported accommodation.
I do not want to be moved away from where I live and Under Article 8 of the
HRA, I have the right to 'family and private life'.
I have used the complaints procedure, but my LA are unlawful under
ultra-vires doctrine and will not allow me to use the complaint procedure
the same has other citizens in the East Riding Of Yorkshire.
I have complained to the local Government Ombudsman, but they refused to
upheld my complaint against the East Riding of Yorkshire Council. I was
also informed by the Ombudsman that they don't have to consider both the DDA
and Human Rights Act when they investigate individual cases. They only
investigate maladministration.
I have made numerous complaints to the Disability Rights Commission, but
they refuse to take on my complaints. Also, I have made various complaints
to the DRC, but they have not answered my complaints. I made a complaint
that the DRC are acting unlawful under the HRA, because they have no right
to appeal.
All the 'public-authorities seem to be ignorant to both the HRA and DDA.
They know that individuals can not access the specialist legal advice, under
the current legal-aid system. If you are from a lower socio-economic group
there is no rights to 'natural-justice', in the U.K.
Derick, I hope you don't mind me sharing this message with others both on
the research list and DAN
Regards
Colin R
----- Original Message -----
From: "Derick Bird" <[log in to unmask]>
To: "colin revell" <[log in to unmask]>
Sent: 24 March 2002 12:12
Subject: Re: 'MIND and the 'Public Authorities'
> Dear Colin
>
> To understand and get my head round your various concerns I need some form
> of clarification.
>
> Your local authority have a statutory obligation under the Community Care
> Act to conduct a comprehensive assessment. Have you had this done?
>
> Under the Community Care Act there must be a complaints procedure which
must
> be followed. If you are not satisfied with the outcome of your complaint
> you are at liberty to request an external investigation. Have you done
> this? The final process under the complaints procedure is that there
should
> be a Sub-Committee of local councillors who will hear your compliant.
>
> We have in place the Disability Discrimination Act 1995 and a statutory
> service are required to make 'reasonable adjustments' to accommodate
> disability. Failure to make reasonable adjustments does mean you can
> approach the Disability Rights Commission. Have you done that?
>
> There is a requirement under Article 6 of the Human Rights Act 1998 for a
> 'fair hearing'. It would seem, from what you are saying, you have not had
a
> fair hearing. But before you can pursue judicial review you must exhaust
> all the complaints procedure and be satisfied that the local authority are
> not acting reasonably by what's is known as the Wednesbury rules.
>
> You state you have legal representation so are you receiving Legal Aid for
> this service? If you are not satisfied with your current legal service
> there is nothing to stop you from transferring. You will need a solicitor
> who is conversant with both the Disability Discrimination Act and the
Human
> Rights Act so make your choice carefully.
>
> You need specialised expertise and it is no use instructing a generic
> solicitor. Your posting is highly emotive which is understandable given
the
> degree of frustration and exasperation you are experiencing. But it is
> important to become detached to try to become dispassionate so you can
> articulate exactly what you are complaining about.
>
> One final word of advice is to ignore the threat of court action and call
> their bluff. You may receive a County Court summons. Do you have a
> sypathetic General/Medical Practitioner? If you receive such a summons
> return it within the specified time limit with a covering medical note
> stating you are medically unable, by reason of physical/mental disability,
> to enter a defence.
>
> Derick
>
>
>
>
>
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