My client was a disabled man who required permanent use of a wheelchair and regular care from his partner. He was engaged actively in a rehabilitative programme with a view to making use of a prosthetic limb.
Due to his restricted mobility, he was under the care of the local authority’s social care team and, as part of those services, his house was installed with aids and equipment, which included a wet-room and wall mounted shower seat.
The seat became faulty and required replacement. The council arranged for the seat to be removed but then failed to replace it with a like for like seat. Instead, after some weeks, they provided a mobile stool which stood in the shower. This seat was not designed specifically for use in a shower and my client complained to the Council on numerous occasions but still no permanent nor suitable replacement was provided.
Unfortunately, my client was then badly injured when he fell from the stool seat whilst using the shower with the accident being caused by the stool’s instability and the lack of security and support provided during the wet conditions.
After nearly two years of arguments on liability and an attempt by the council to blame a private contractor, the council did finally concede a breach of duty and agreed to pay compensation. Furthermore, they did finally arrange for a proper seat to be installed.
I then ensured that medical evidence was obtained from a consultant orthopaedic surgeon and a consultant psychiatrist. The physical injuries had of course had a significant impact but had also prevented my client from returning to his rehabilitative training programme thereby robbing him of any prospect of using a prosthetic limb. In turn, this had had a massive impact on his psychological well being and personal relationships.
Compensation can never truly make up for the damage that is caused in these types of cases but the £32,000 recovered should help my client in drawing a line under the terrible treatment that he received at the hands of the council and their legal department (who refused to accept any wrongdoing for so long).