Limitations - an update

"Please note that in order to bring a clinical negligence claim, you have only 3 years from the date the incident occurred or the date that you became aware or should have become aware that you had suffered.

It is sometimes possible to bring a case outside the 3 year limitation period but Judges normally take a dim view and it would be very much an uphill struggle.

Therefore, to ensure that you can bring a claim, you must issue proceedings at court within the 3 year limitation period."

So why then do you think Oxford Social Services denied any knowledge in to the circumstances which led to the death of my daughter?  Despite our continued and constant requests for information!

Why did they insist we NOT contact the coroner, and solely rely on them?  Stating that the coroner would only deal with Social Services in this case!

Why did Oxford Social Services not provide all the facts they were given, due to the continued contact the had with both the Coroner and the Police investigating the death?

Possibly because they are the Corporate Parent, The Councillor of Oxfordshire County Council Mr Ian Hudspeth (a locally elected Leader of the Council) is the Corporate Parent and all of them are in the firing line!

Well in an up date to this post we have since found out the following information:

Special rules apply for children or patients being treated under the Mental Health Act 1983. The time limit (limitation period) does not begin for these people until the legal incapacity is removed. In the case of a child, the three year time limit would begin from the date of their 18th birthday and in the case of a patient treated under the Mental Health Act 1983, the three year deadline would begin from the date they were discharged as a patient. 

So Oxford Social Services looks like you didn't do your homework well enough in this case D-