To sue camhs by myself?

[Legalhelpneed]

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

@Legalhelpneed what is it you want to happen?

It won't change your family's issues, you can't go back in time - is it an apology you'd like? Compensation?

I would suggest, kindly, it isn't worth the stress.

A diagnosis on paper for most education authorities helps the child

Very dismissive and quite rude , some disabilities are invisible ie autism

What about parents that don’t have money for private . Do you even know how much it is to go private ?

Thing is, making a diagnosis of autism isn’t always clear cut. There is no physical test that can be done (eg blood test or scan) therefore the diagnostic criteria can be very subjective.
Like many things in medicine a diagnosis is very easy with hindsight but at the time it can be very difficult.
To complicate things you often get 2 different options over diagnoses.
OP it sounds as though it wasn’t obvious in your daughters case. I don’t think this is something you could or should sue over.

Suing the NHS doesn't remove money from patient care. Its paid by insurance. I'm not saying the OP is right to sue, I'm just saying it's a common misconception that suing them removes money from funds.

I really think you need to gather up all the energy you'd waste chasing this one and channel it into something more positive to help her.

You can get DLA without a diagnosis. You don't need a diagnosis to apply for an EHCP, which is the first step towards special school. I would imagine the vast, vast majority of teens with an autism diagnosis never get DLA or an EHCP, or set foot in a specialist autism school. Provision at A level is close to zero. A diagnosis can be an important step in a much bigger fight but it doesn't cure or avoid mental health difficulties or, by itself, increase the resources allocated to the child. Diagnosed autistic children struggle in mainstream too, have mental health difficulties too, go through school without having their needs met too.

It shouldn't be a race to the bottom of course, but I think you are flogging a dead horse. Look forward. If you think she would have got DLA, have you applied for PIP? If you think she could have got a place in specialist provision how about DSA?

Ignoring the out of time issue…

You’d have to show that they didn’t follow best existing practice in diagnosis & treatment. You’re saying that she had lots and lots and lots of contact and treatments and therapy, and that she masked well, so she had lots of attention and her condition was challenging to diagnose. It’s hard to see how you can say that situation amounts to negligence.

Who is Treating her now, is it exactly the same MH trust that failed to diagnose her earlier?

As someone who is currently trying to navigate the system op, I can completely understand your anger and upset. I am so sorry for what you have been through and please ignore the more incendiary posts here accusing you of greed etc. You are entitled to feel aggrieved, and to want to fight on your daughter's behalf. Those of us who are going through it/ have been through it completely understand your feelings.

However, you would do well to heed the legal advice. Channel your feelings into supporting your daughter now, or speaking out about the system to help others, or both. Don't waste money chasing something that is highly unlikely to come to anything positive. The reality is that you could spend the rest of your life chewed up by bitterness and regret instead of focusing on the here and the now.

Good luck, whatever you decide.

Our experience is almost identical OP.
They missed so much. Blatantly ignored things, and lied.
It has further damaged my daughter for life.
There's nothing you can do against it. It's soul destroying.

I think it important to be clear in your own mind exactly what you hope to get from suing them. Nothing will turn the clock back for your DD; and the chances of getting any money from them are small - and there will be a lot of hassle and potentially loss of money.

If you have money to spare I would spend it on private help for your DD now. Or on simply finding ways to improve her life and set her on a better road. The past is the past - I think you need to focus on the future.

CAMHS are know to be useless nationally - even when people manage to get an appointment.

Cahms as a whole need to be sued by all parents in the uk who have been treated appallingly and believe me its a lot. What they get away with is nothing but neglect and literal gaslighting etc.

No I absolutely wasn't listened to, especially as a poor, young, working class mum. CAMHS clearly thought I was a crap parent; at one point I was told I had to go to parenting classes (which were useless, as the advice was for NT kids) before they would see her again. School didn't believe me either because she is so good at masking.

I had no idea you could get DLA with no diagnosis, which I think is really poor. The letter confirming her diagnosis of ASD said to claim DLA but nobody said anything before then. She was diagnosed with depression and anxiety but I had no idea you could get DLA for this.

In my LA, ASC assessment is managed by paediatric services and not CAMHS. A parent, GP or school can make a referral for assessment. Ditto for a referral for CAMHS for MH support.
Parents also engage ASC assesors on a private basis to the tune of several thousand pounds. But such are the waiting lists... DC has been waiting since primary school and is now about to crash out of secondary school halfway through -we're 3 years in and still waiting as can't afford to go private. Gutted for DC.

I am increasingly of the opinion that CAMHS is often 'a wrong fit' in terms of therapeutic intervention for many young people struggling with their MH. As a parent, I benefited massively from their services, but DC? Hated every minute and found it deeply upsetting and intrusive, despite seeing 3 separate clinicians with different approaches and specialisms. If anything, it made things worse for us as a family and has sort of spoilt DC's trust in any kind of therapy now.

I'm so sorry @MiaMae24, that's absolutely dreadful. They are an absolute disgrace xxx

https://www.ombudsman.org.uk/making-complaint/what-we-can-and-cant-help/how-we-have-helped-others/trust-failed-treat-mental-health-young-person-autism