Hospital Complaint For Breach Of Equality Act 2010

Fergie76

My first draft of a LBCCC. All help and constructive suggestions will be gratefully received. I will probably not get this sent until Tuesday or Wednesday next week.

[FONT=&quot]LETTER BEFORE COUNTY COURT ACTION[/FONT]

[FONT=&quot]Reason for Claim[/FONT]

[FONT=&quot]This claim is brought due to the Breach of Equalities Act 2010 (EA10), the unreasonable behaviour of the NHS Trust in dealing with my complaints and the embarrassment and hurt caused to my wife’s feelings due to the unreasonable behaviour of the hospital.[/FONT]

[FONT=&quot]Facts of the Case[/FONT]

[FONT=&quot]A car registered to my wife was given a private parking ticket at Car Park 3 at Northwick Park and St Mark’s Hospitals, Watford Road, Harrow in July 14. I complained to the hospital due to the hospital not making reasonable adjustment under EA10 and the hospital’s car parking contract breaching their own Trade Association Code of Practice up to 5 times.[/FONT]

[FONT=&quot]I have emailed the hospital on many occasions to try and resolve this amicably, however the hospital have been extremely unhelpful and hindered at every turn. I have submitted 3 Freedom of Information (FOI) requests to the hospital and have breached the Freedom of Information Act on every request by failing to respond on time and on the first occasion up to two months later, despite repeated hastening emails.[/FONT]

[FONT=&quot]One of the FOI requests that I submitted to the hospital was for a copy of their contract with their contractor APCOA Parking (UK) Ltd. It turns out that there is no valid contact between the two parties. The contract the hospital has in place is with APCOA Facilities Management (Harrow) Ltd. Despite the similar names, these are two separate companies. Also the contract does not allow for penalising people should they breach any Terms and Conditions.[/FONT]

[FONT=&quot]What I Require the NHS Trust to do to Stop Further Action[/FONT]

[FONT=&quot] I require the NHS Trust to change their car parking policy to conform with EA10 and have one common policy for disabled patients and visitors regardless of where they park.[/FONT]

[FONT=&quot]I also require the hospital to pay my wife a sum of £1500 for the embarrassment, hurt and distress that their actions have caused her.[/FONT]

[FONT=&quot]I will also be claiming cost due the NHS Trusts unreasonable behaviour, should I be required to lodge a claim with the County Court.[/FONT]

[FONT=&quot]Documents I will be relying on[/FONT]

[FONT=&quot]I will be relying on all correspondence with the NHS Trust to date as proof of their unreasonable behaviour. I will also be relying on my correspondence with the DVLA, British Parking Association (BPA) and the Information Commissioners Office (ICO).[/FONT]

[FONT=&quot]I will also be relying on the following links as evidence of previous cases where sums have been awarded for embarrassment, hurt and distress.[/FONT]

[FONT=&quot]Pannone Solicitor's Blog[/FONT]

[FONT=&quot]The usual result of a case of this nature is an apology being ordered. However in this case the court awarded damages of £1,500 for hurt feelings! [/FONT]

[FONT=&quot]Citizen's Advice Bureau[/FONT]

[FONT=&quot]The lower band[/FONT]

[FONT=&quot]The tribunal can award between £500 and £6,000 in less serious cases of discrimination, such as a one-off act of relatively minor harassment or discrimination.[/FONT]

[FONT=&quot]Mediation[/FONT]

[FONT=&quot]I am will to use mediation as an alternative County Court Action.[/FONT]

[FONT=&quot]Response[/FONT]

[FONT=&quot]I require a full response 21 days from the date of this letter.[/FONT]

[FONT=&quot]Documents I require you to provide[/FONT]

[FONT=&quot]I require you provide a copy of all documents that you will be replying upon to defend this case.[/FONT]

[FONT=&quot]Extra Costs[/FONT]

[FONT=&quot]You are remind that should you fail to respond to this letter, a County Court Claim will be lodge without further correspondence and as a result, you this will mean that you will incur further costs.[/FONT]

[FONT=&quot]Civil Procedure Rules[/FONT]

[FONT=&quot]We are both bound to follow certain rules during this process. These are set out in the Civil Procedure Rules and they aim to make sure the case is dealt with fairly. To find out more about them, go to www.justice.gov.uk[/FONT]

bod1467

Q: Can you bring the claim on behalf of your wife?
Q: Why £1500?

...3 Freedom of Information (FOI) requests to the hospital and they have breached...

I will also be claiming cost due the NHS Trust's unreasonable behaviour...

I require a full response within 21 days from the date of this letter. (Don't give them wriggle room by specifying an exact 21 days. )

Fergie76

bod1467 wrote: »

Q: Can you bring the claim on behalf of your wife?

Not sure, if not I will change it to my wife's name. It's just that I have been dealing with it all so far on her behalf.

bod1467 wrote: »

Q: Why £1500?

It is at lower end of the CAB advise page, although that is for employment tribunals, hurt feelings is hurt feelings, plus it will allow my wife a wee holiday for her feelings to recover and it is the same as what the guy got for arguing with his neighbour.

And thanks for the other points.

Gryphon005

[FONT=&quot][FONT=&quot]Also noticed:[/FONT]
[/FONT][FONT=&quot]
Mediation[/FONT]

[FONT=&quot]I am willing to use mediation as an alternative to County Court Action.

[FONT=&quot]a[FONT=&quot]nd:

[/FONT][/FONT][/FONT]
[FONT=&quot][FONT=&quot][FONT=&quot][FONT=&quot]Extra Costs[/FONT]

[FONT=&quot]You are reminded that should you fail to respond to this letter, a County Court Claim will be lodged without further correspondence and as a result, [STRIKE]you[/STRIKE] this [STRIKE]will[/STRIKE] may mean that you will incur further costs.[/FONT]
[/FONT][/FONT]

[/FONT]

Redx

I believe hurt feelings is a standard £500 , but the figures you ask for are up to you I suppose, same as apcoa, ie:- you can always settle for less , lol

glad to see you making a stand because it has been disgraceful all the way through

the CEO may thing the matter is closed, like to see his/her face when they find out its not

ps:- its VALID CONTRACT , not contact

Fergie76

I did a quick google search for 'damages for hurt feelings' and came up with the two links in my post above. So, I know it's not a precedence, but there are examples of that kind of settlement. And as you say can always settle for less, should they counter-offer. May as well go high and settle for less, than go low and settle for even less.

Fergie76

Has anyone got anymore suggestions or constructive comments, before I send the LBCCC off?

Fergie76

I've now got the LBCCC printed off and ready to send tomorrow. Before I send it, should I chase the Trust for reply on my latest letter and FOI request (sent 23 Dec), as I imagine once they get the LBCCC, they will refuse to answer anything other than the LBCCC?

Fruitcake

Fergie76 wrote: »

I've now got the LBCCC printed off and ready to send tomorrow. Before I send it, should I chase the Trust for reply on my latest letter and FOI request (sent 23 Dec), as I imagine once they get the LBCCC, they will refuse to answer anything other than the LBCCC?

I would have thought an LBCCC and a FOI request are completely independent of each other. I see no reason why you can't continue to ask questions/chase up your FOI request whilst the LBCCC is progressed.

Fergie76

Just sent the hospital a hastening email, before I send the LBCCC tonight:

Can you please update me on the progress of my complaint that you received on 23 Dec 14 and when I can expect a formal reply?

Also contained within that letter was a FOI request and yet again you failed to reply within the 20 working day time frame as required by the Act. Can please confirm when I will receive this response?

I have also yet again, reported this breach of the FOI Act to the Information Commissioners Office. That is now 3 FOI requests you have failed to respond to within the required time frame, I suggest you have a fundamental problem dealing with complaints and FOI requests within the Trust that needs looked at urgently.