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Claims for Damages Arising from Health and Social Care Failures
When someone has been harmed because of serious failures in health or social care settings, it can be difficult to know what to do next.
Families may want to understand what happened, whether the care provided was safe, whether a person’s rights were respected, and whether anything can be done to seek accountability.
At Watkins Solicitors, our Public Law and Human Rights team advises individuals, families and representatives in claims for damages arising from serious failures in health and social care settings.
These cases may involve children, young people or adults with care and support needs, including autistic people, people with learning disabilities, people with physical disabilities, people with communication needs, people detained under the Mental Health Act, people subject to deprivation of liberty safeguards, and people receiving care in residential settings, supported living arrangements or their own home.
We understand that these matters are often deeply personal and distressing. Our role is to provide clear, careful and supportive advice so you can understand your options and the legal routes available.
To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.
Clear and careful advice where a person or family has experienced serious harm or distress.
Advice on dignity, safety, liberty, private life and family life in care and treatment settings.
Support to identify records, responsible organisations and possible routes to accountability.
An explanation of the funding options that may apply before any steps are taken.
We can advise on claims for damages where a person has suffered harm because of serious failures in health or social care.
These claims may involve treatment, care or support arrangements that have caused physical injury, psychological harm, trauma, distress or increased care and support needs.
The claim may involve a public authority, NHS body, local authority, private care provider, charitable care provider, individual practitioner, care worker or an organisation commissioned to provide care or support.
We can help identify the organisations involved and consider which legal route may be appropriate.
We can advise individuals and families where concerns relate to children, young people or adults with care and support needs.
Where a person needs additional support to participate in legal proceedings, a claim may be brought with the help of a parent, family member or another appropriate representative, depending on the circumstances.
Health and social care failures can lead to serious consequences for the individual and can have a significant impact on families.
Individuals or their families may be left trying to obtain records, raise complaints and challenge decisions while also dealing with an injury or an increase in needs.
We aim to provide advice that is clear, practical and sensitive to the circumstances you are facing.
Claims may arise from care or treatment provided in a range of settings.
A claim may arise where there have been serious failures in the way care, treatment or support has been provided which results in physical or psychological injury, or an increase in care needs.
We can help you understand whether the circumstances may give rise to a claim and what evidence may be needed.
Human rights can be particularly important in health and social care cases.
A claim may be brought under the Human Rights Act 1998 where treatment or care by a public authority, or an organisation carrying out public functions, has breached a person’s human rights.
The right to life
The prohibition of torture and inhuman or degrading treatment
The right to liberty and security
The right to respect for private and family life, home and correspondence
The right to protection from discrimination
Human rights issues may arise where someone has been treated in a degrading way, unnecessarily restricted, unlawfully deprived of their liberty, restrained, secluded, or denied proper respect for their dignity, autonomy or family life. These cases can be legally and emotionally complex. Early advice can help identify whether human rights arguments may be relevant and what steps can be taken.
We have particular experience advising in cases involving autistic people and people with learning disabilities.
These cases may involve concerns about inappropriate placements, poor care planning, excessive restrictions, unjustified seclusion, unnecessary restraint, inappropriate medication, failure to involve specialist services or failure to understand and meet a person’s communication, sensory or support needs.
Where care is not properly planned or delivered, this can lead to distress, trauma, deterioration in mental health, loss of independence or increased care needs.
Families may feel that concerns were not listened to, or that decisions were made without proper understanding of the person’s needs.
We can advise on whether the circumstances may give rise to a claim and what steps may be available.
Claims may arise from treatment or care provided in inpatient mental health units or autism treatment units.
These cases may involve people detained under the Mental Health Act, people subject to significant restrictions, or people whose care is funded or arranged by NHS or public bodies.
They require careful consideration of the person’s rights, the care provided, the records available and the impact on the individual.
Serious failures can also occur in care homes, supported living placements or where a person receives care in their own home.
Concerns may include poor care planning, medication errors, inadequate supervision, unexplained injuries, failure to meet assessed needs, unsafe support arrangements or a failure to escalate a deterioration in health.
In some cases, the care may be provided by a private company, but funded or arranged by a local authority, NHS body or other public organisation.
We can help consider who may be responsible, what evidence is needed and whether a claim or other legal step may be appropriate.
Medication issues can have serious consequences for people with care and support needs.
Concerns may include medication being administered incorrectly, medication not being given when needed, medication being left accessible to someone who is at risk, or medication being used inappropriately to manage behaviour or distress.
Where medication failures cause harm, distress, deterioration or increased care needs, legal advice can help families understand whether there may be a claim and what evidence should be reviewed.
Some cases involve concerns about restraint, seclusion or restrictions on a person’s liberty.
This may include physical restraint, being secluded in a room, restrictions on movement, restrictions on contact with family, or arrangements that prevent someone from leaving a setting.
Restrictions may sometimes be lawful and necessary, but they must be properly justified, proportionate and documented.
Where restraint, seclusion or restrictions have been excessive, unjustified or harmful, this can cause significant harm and distress to an individual.
Safeguarding concerns may arise where a person has been harmed, neglected, placed at risk or not properly protected from harm.
This may involve physical injury, unexplained bruising, unsafe environments, inappropriate support and supervision, management of finances, coercive or controlling behaviour, or failure to act on known risks.
A safeguarding process may be one route for concerns to be investigated, but it may not be the only option.
We can advise on how safeguarding concerns may sit alongside other legal routes, including claims for damages, complaints, public law challenges or inquests.
The evidence needed will depend on the case, but may include:
You do not need to have everything before seeking advice. We can help identify what may be relevant and what steps may need to be taken to obtain these documents.
Where a route other than a claim for damages is more appropriate, we will explain this clearly.
We consider what happened, who was involved and the effect on the individual and family.
We assess whether a damages claim, human rights claim, complaint, safeguarding process or public law route may apply.
We identify and review the records, decisions, correspondence and evidence relevant to the case.
We explain the available options, funding position and practical steps required.
Our Public Law and Human Rights team can listen to what has happened, consider the possible legal routes and explain what evidence and next steps may be needed.
Funding will depend on the type of case, the circumstances and the legal route involved.
Funding options may include Legal Aid, legal expenses insurance, conditional fee agreements, private funding or other funding arrangements depending on the matter.
We will discuss funding at the outset so you understand your options before any steps are taken.
It is sensible to seek advice as soon as possible if someone has been harmed or you are concerned about serious failures in care or treatment.
Early advice can help identify the correct legal route, preserve important evidence and ensure that any relevant time limits are considered.
You do not need to know whether a complaint, claim or public law challenge is appropriate before contacting us. We can help identify the most suitable route.
Watkins Solicitors are a multi-award-winning law firm with more than 55 staff across offices in Bristol, Bath and Hereford.
Founded in 1998, the firm has built a strong reputation for providing clear, practical and client-focused advice across areas including Family Law, Education Law, Conveyancing, Public Law, Legal Aid, Wills, Powers of Attorney, Probate and Estate Administration.
Our Public Law and Human Rights team advises individuals, families and professionals across England in complex and often urgent cases involving public bodies, health and social care organisations, local authorities and other decision-makers.
We understand that cases involving serious failures in care can be deeply upsetting.
Our approach is to provide clear, careful and supportive advice, helping you understand what has happened, what options may be available and what steps can be taken.
If you would like advice about a potential claim arising from serious failures in health or social care, please contact our friendly team.
We advise clients across England and Wales, with offices in Bristol, Bath and Hereford.
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We are one of Bristol’s leading specialist Family, Wills & Probate and Education law firms, working with clients nationwide.
We are committed to championing the needs of children, particularly those with Special Educational Needs. We offer a range of sensibly priced fee packages, including a fixed fee for divorce.
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