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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To sue camhs by myself?

117 replies

Legalhelpneed · 06/03/2023 17:35

Shamelessly posting here to get lots of replies. DD is almost 21 and was diagnosed with ASD just before her 18th bday. This was despite her being under CAMHS for 5+ years, with me constantly suggesting she might be autisitic. They did not believe me because she masked at appointments and at school (when she went... Her attendance was about 30% for years 10, 11 and 12 and she eventually dropped out of school half way through 6th form). As a result of her late diagnosis her late childhood and teenage years were ruined for her; she self-harmed and tried to kill herself several times, she missed out on education, my marriage broke down, I suffered from depression and anxiety myself. DD was bullied mercilessly by her peers and was offered no support from the school because she had no diagnosis and they didn't believe me. DD would've probably been entitled to DLA and she now gets middle rate PIP which has improved her quality of life considerably. She missed out on riding for the disabled and the local autism charity's youth groups and summer camps where she could have made friends. She missed out on going to a school for autistic kids which would've, I think, really suited her.

DD and I spoke to a solicitor today who said it's too late to bring a claim as the 3 years where a claim could be submitted are almost up. Would it be totally mad to bring a claim ourselves? Thank you

OP posts:

GuyFawkesDay · 06/03/2023 17:40

Well you will spend a lot of money with not a huge chance of success. Up to you whether you think it's actually worth it or you need to channel your ire in a different way.

I'm not sure how many people successfully sue.

percypercypercy · 06/03/2023 17:42

Did you post about this a couple of weeks ago?

Jellycatspyjamas · 06/03/2023 17:43

Surely any claim you had would also be time barred?

Vinvertebrate · 06/03/2023 17:46

You don't have a cause of action - you are not the patient. I'm assuming you are thinking " we didn't find out until x meaning our claim is not time-barred".

JuneBridie · 06/03/2023 17:48

Sorry for what you and your dd have been through. I think suing camhs is a terrible idea though, take the solicitor’s advice and let this go, you’re setting yourself up for a world of pain otherwise. I work in a legal environment and this never ends well for the plaintiff.

FiveHundredDucksWentOutOneDay · 06/03/2023 17:49

If you are out of time, your case will just be dismissed. You’ll spend money with no chance of recouping it. The time limits are not discretionary; if it’s out of time, it doesn’t matter who represents you - the claim won’t be heard.

I’m sorry for everything DD has been through; and you, too. The money you’d spend bringing a claim yourself would be better spent on building a future, though.

Theconceptoftime · 06/03/2023 17:51

I reckon camhs are only partly to blame alongside many other services. Trouble is there just isn't the funding in health or education for everyone to have the support they need and deserve. There are so many other children and families in the same situation.

On a more practical note it is probably too late and you would have little chance of success at your own expense.

I would focus that energy on supporting your daughter now.

Iusethem · 06/03/2023 17:53

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

ladyamy42069 · 06/03/2023 17:57

Mental health services in the UK are on their knees. Please do not even think about suing an already underfunded service.

IncessantNameChanger · 06/03/2023 18:01

Is it not time bound for you too? Idk. I have got compensation from my LA when they have ignored a ehcp ( when in actual fact they broke the law), also when they took to long to issue a ehcp. Thing is it doesn't improve the service. It doesn't change my child's outcome. It did make new feel heard. I think you have to weigh up the additional stress this will bring versus the end result. I also think the services massively cover their backs. I put a complaint in about a therapist which was dodged by revealing that they get assistants to do work, sign the work off as the registered professional but aren't liable as assistants aren't part of the registered body. I can't stop them.ruining the next kids life even though they are paid to help children. I cant give them a conscience. I can't make them care or do a half decent job. If you can then think about how you feel and what it would cost to loose. I went via the LGO so no possibility of losing anything but my time

JamBiscuitBun · 06/03/2023 18:01

As someone who's also been through the system and can speak from experience, I think you should count your blessings that your dd is still alive. However it panned out, she is still with you. Court is hugely expensive and unlikely to be successful. You clearly have pots of money to throw around if you're considering this, so I'd advise getting some counselling to work through your (understandably) painful feelings and also use some to further support your dd to full independence. Look forward, not back.

Twiggywinkle13 · 06/03/2023 18:03

Sorry for what you and your daughter went though. Unfortunately a time bar is a time bar whether you raise it or a solicitor does I’m afraid.

MichelleScarn · 06/03/2023 18:03

Am sure that this was said on previous thread, but if she successfully masked and showed no evidence at assessments and appointments how could they have given a diagnosis?

Notimeforaname · 06/03/2023 18:04

I'm sorry for the difficulties your daughter has faced . Yabu.

Notimeforaname · 06/03/2023 18:04

if she successfully masked and showed no evidence at assessments and appointments how could they have given a diagnosis?
Yes I also thought this.

HamstersAreMyLife · 06/03/2023 18:06

The solicitor has told you that the claim is out of time, I would take their advice as if it is whether you have a lawyer or not is irrelevant. It may be difficult news but the court will dismiss as the claim should have been brought earlier.

Snoken · 06/03/2023 18:08

MichelleScarn · 06/03/2023 18:03

Am sure that this was said on previous thread, but if she successfully masked and showed no evidence at assessments and appointments how could they have given a diagnosis?

I think this is very relevant. She did not want to be diagnosed so she did not cooperate. They can quite easily claim (quite rightly) that she sabotaged it herself. It’s such a stretched service that you would do children going through the process a huge disservice by using up their time and funding for this.

InstagramBitchWife · 06/03/2023 18:08

If you have tens of thousands of pounds to spunk on something you're not going to win then go for it.

Roselilly36 · 06/03/2023 18:08

Sorry your DD has faced such challenges, none of us can turn back the clock, sadly. So I don’t see what suing would achieve to help your DD, particularly if your DD is too late to make a claim. Why put her under further stress & expense for very limited prospects of success.

BounceyB · 06/03/2023 18:09

I think you should listen to the solicitor. She deals with this sort of thing every day. Also, there's the question of whether another professional doing the same job would have come to the same conclusion. If your daughter was masking her symptoms then they might not have and no duty of care has been breached. I know it's hard to hear and painful x

gogohmm · 06/03/2023 18:10

If at the appointment she didn't show signs of autism exactly what are they meant to do? They cant diagnose what they don't observe. And what "treatment" do you think the diagnosis comes with - I can tell you, it's none. You can be angry about many things but a diagnosis on paper isn't one of them. My dd was really similar to what you described and does have a diagnosis, there's not a lot of services out there and ones that exist require the young person to engage and mine wouldn't

iklboo · 06/03/2023 18:13

They did not believe me because she masked at appointments and at school

They're not psychic. If she masked they wouldn't have been able to diagnose. She had competence & capacity so they wouldn't just take your word for it.

She missed out on riding for the disabled and the local autism charity's youth groups and summer camps where she could have made friends. She missed out on going to a school for autistic kids which would've, I think, really suited her.

There's no guarantee she'd have been entitled to or got any of these. The resources are finite. Not every child with a diagnosis gets a place at a specialist school or access to groups, camps & hobbies.

The solicitors are right. You're time barred and you're not the patient.

Hankunamatata · 06/03/2023 18:16

You don't need diagnosis for DLA same for state funded special schools

Soontobe60 · 06/03/2023 18:18

Sadly, you’re assuming an awful lot here. Firstly, there are myriad children who receive ASD diagnoses whilst in primary school, but that doesn’t automatically get them a guaranteed place in a special school. The same goes for DLA.
If she wasn’t attending school, then ‘masking’ when she was there, they would only have been able to report what they were observing regarding possible ASD. Schools will not complete assessments using anecdotal evidence supplied by parents. Neither can case workers at CAMHS use this type of evidence. They can both report that ‘parents say X is showing …. in the home”, but also report what they actually observe for themselves.
Your DDs focus should be on what she does about her diagnosis from now on. I’m assuming a diagnosis has not changed her in any way? (Beside her getting some understanding as to why she is the way she is). The fact that she went to 6th form looks to me like she did have some successes at school - she presumably achieved good enough GCSE grades to get a place. As a parent, you need to focus on the future, not the timing of her diagnosis.

Schuyler · 06/03/2023 18:19

YABU, how on earth would you prove negligence? you cannot just sue the NHS - you have no evidence of neglect.

In my line of work, I’ve seen a significant number of large NHS pay outs but it’s nothing like this. I’m talking about women who received negligent care and thus delivered children who sadly are disabled as a direct consequence of neglect during labour or delivery. I’ve seen a couple where strokes or brain aneurysms were not treated in the appropriate timescales due to neglect and people ended up very disabled as a result.

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