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Hospital Complaint For Breach Of Equality Act 2010

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  • bazster
    bazster Posts: 7,436 Forumite
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    Guys_Dad wrote: »
    The chief adjudicator at Poole has stated in writing in his recent annual statement that matters of Equality are NOT an issue for Poole as there are other courts that deal with that, so I would not hold out too much hope for a win on EA grounds.

    There are other courts to deal with PPC fake parking fines in general but that doesn't seem to bother PoPLA!
    Je suis Charlie.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Guys_Dad wrote: »
    The chief adjudicator at Poole has stated in writing in his recent annual statement that matters of Equality are NOT an issue for Poole as there are other courts that deal with that, so I would not hold out too much hope for a win on EA grounds.

    I'm not, as I have put the penalty points too, so think they will take the easy way out, assuming the uphold the appeal. However, you can only appeal to POPLA on points on law and for them to dismiss points of equality, goes to show just what a kangaroo court it is.

    Have none of the regulars go any comments or suggestions on the next step to take regarding the next steps to take?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    The Trust's complaints procedure:

    http://www.lnwh.nhs.uk/patients-visitors/your-feedback/formal-complaints/

    Have you been addressing your complaints to the Chief Executive?

    You (or the disabled person if that's not you) can send a Letter Before Claim to the trust requiring them to pay damages for injury to feelings under the terms of the Equality Act 2010. There is an established principle that the minimum a court would award for injury to feelings is £500. And if they ignore it or brush it off, you can file a Money Claim Online against them.
    Je suis Charlie.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    My post #61 was referring to the first sentence in post #47. The other points will win. And if my wretched spelling checker didn't try to correct POPLA and change it to Poole, then the post might have made more sense! ��
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    bazster wrote: »
    The Trust's complaints procedure:

    http://www.lnwh.nhs.uk/patients-visitors/your-feedback/formal-complaints/

    Have you been addressing your complaints to the Chief Executive?

    You (or the disabled person if that's not you) can send a Letter Before Claim to the trust requiring them to pay damages for injury to feelings under the terms of the Equality Act 2010. There is an established principle that the minimum a court would award for injury to feelings is £500. And if they ignore it or brush it off, you can file a Money Claim Online against them.

    I have followed the Trusts complaints procedure, as laid down at the link you have supplied. Although it states the CEO, it is actually just the complaints department. I will be trying to contact the CEO today and if I get nowhere then an LBC is an interesting idea, although I would probably need guidance on the correct wording.

    The disabled person is my wife and I am complaining on her behalf.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Guys_Dad wrote: »
    My post #61 was referring to the first sentence in post #47. The other points will win. And if my wretched spelling checker didn't try to correct POPLA and change it to Poole, then the post might have made more sense! ��

    I agree, but if POPLA don't accept mitigation and only law based appeals, they should not be allowed to pick and choose which laws they decide to uphold and which to ignore.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Tried phoning the CEO of the hospital both yesterday and today and he is out of office, so I asked for his personal email address. I have now emailed him and his PA.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    C-M, is there anything else you can think of that I can do?

    I know they are not very popular around here, but is it work contacting DMUK as they have campaigned against these charges in the past?
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 24 October 2014 at 11:06AM
    You might mention the Medway case to the CEO and that you are considering going down the same route.

    Actually on 2nd thoughts best not, they will probably clam up completely if they think it might land in a court. The time to mention legal action is when you are settled on doing it.
    Je suis Charlie.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have already mentioned it to them, it was in my original complaint.
    [FONT=&quot]You may be interested to know that Medway NHS Trust have been forced to alter their parking charges policy for Blue Badge Holders after a legal case was brought against them by Unity Law - [/FONT][FONT=&quot]http://www.disabledmotoring.org/campaigns/hospital-parking-charges[/FONT][FONT=&quot][/FONT]
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