No, medical negligence claims can be brought against private doctors, surgeons, dentists and other health care providers, not just care or treatment received via the NHS.

You can claim compensation for any injuries or losses suffered which are a direct result of the negligent treatment. Compensation is calculated using damages that have been inccurred. This can include, but is not limited to:

·         Compensation for pain and suffering

·         Payment for ongoing treatment

·         Loss of earnings

·         The cost of extra care

·         The cost of any aids and equipment you may need

The amount that is to be awarded is of the courts discretion and comes solely down to how much a person has been injured due to the medical negligence and how their quality of life has been affected.

• direct disability discrimination – for example, if a pupil is actively prevented from taking part in an activity because it is thought it is not suitable for them
• indirect disability discrimination – if the system in effect discriminates by for example, making it harder for the person to adhere
• discrimination arising from disability – for example, imposing a sanction on a child who broke a school rule as a direct result of their disability
• a failure to make reasonable adjustments – for example, allowing a child to avoid noisy environments

According to Acas guidance, employers should give employees a minimum of 10 calendar days to decide whether they want to accept a Settlement Agreement and so that you can take independent legal advice on the agreement.  We try to finalise matters as quickly as possible so that there is a binding agreement in place, however, if negotiations are entered into with the employer then it could take a number of days or even weeks to finalise the document depending on how those negotiations go. 

• content of health provision in an Education Health and Care Plan 
• content of social care provision in an Education Health and Care Plan
• refusal to provide a Personal Budget
• refusal to make Direct Payments
• school Transport
• failure to comply with an Education Health and Care Plan
• unlawful exclusions
• school / local authority policies

An application for a judicial review must be made as soon as possible and in any event within three months of when the decision being complained about was made. It can then take between two to three months for the trial and then a decision to be made. 

All judicial review applications must be made in the High Court and have to be within three months of the final decision being made by the public body. You may need a lawyer to submit a formal letter setting out what it is alleged the public body has done which is thought to be unlawful, and what action it is proposed to remedy that. It is allowed for a lay person to write this letter themselves, but we recommend that you seek specialist legal advice. The organisation concerned will then be given 14 days to respond. The next step would be to make an application to the court for permission to proceed with the judicial review. 

To appeal a school place you must have a legal right to do so: this means that by law you have rights, responsibility and authority for a child and this will which includes decisions about their education. Children who are over age 16 can also appeal in their own right. If your child has been refused a place, the letter sent to you by the school will include information about how you can appeal the decision.

There are two grounds:

• if the school didn’t apply their admissions criteria
• if the school didn’t apply the criteria correctly. 

The appeal will be heard by a panel of three or more people, who must be independent from the school. Appeals usually last for around 30 minutes and you will receive a letter with the decision within five school days.