Can we sue?

Discussion in 'Army Pay, Claims & JPA' started by burnleybootboy, Aug 15, 2007.

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  1. Is it possible for my wife to sue the welfare office due to negligence?
    The obvious question would be has she been injured , i suppose , however due to the lack of help received for two and a half years it has served to only exacerbate and compound her disability.
    I will be seeking legal advice ( so no welfare office workers out there saying no lol) how ever thought someone might be able to point me in the right direction cheers
  2. care to expand on this?
  3. Did you ask for help; was the Welfare Office aware of the problem in any case?

    In my profound experience in this area, I have always found the entire chain of command to be especially helpful when it comes to cases of this nature. However, one factor is pretty much constant; they are not able to read minds and they tend to not interfere with domestic/compassionate issues of a private nature unless requested to do so.
  4. I would love to but i think thats it's prob better to play hte cards closer to chest type thing. What I will say is we are continously messed around for a quarter.Words like " we have problems " and "Not the right mq for you " are regularly spouted out. So far in two years , despite countless letters, we have not even had a handle fitted to the side of the bath. Is it my fault/problem there isn't a suitable quarter?No . The welfare office now keep asking for different letters from different departments (yes there is more supporting evidence than the dahmer trial) now they sayu we have to have another letter. The fact that they never contacted us and have kept us waiting for so long is starting to take its toll on both the wife and I.
    You may say it,s the housings fault but until you learn more of our situation then trust me its about equal. More so in the welfare sector we feel :x
  5. I was going to be sarcastic there by saying something along the lines of" Do you think I should ask for help?" how ever I fully understand you are not in full command of the facts so appologise.Yes to answer your question we have asked constantly.They are more than fully aware of the situation.However sometimes I get the feeling it could be racism( the regiment is scottish I am english) or a genuine lack of wanting to help( I am attatched personnel.) we have tried countless ways and are now getting to the point where the wife is deteriorating both mentally and physically.We even approached them with a cost effective solution but just got fobbed off( just for the record I have been in 13 years and i am also a SNCO and none of that helps)
  6. Note: I am not a lawyer.

    Beyond this, as far as I understand, you can sue who you want. You will only be successful, and vexatious claims are expensive, if you can show that the other side was negligent with respect to your wife.

    To do that you need to show a duty of care. This might not be hard; it might be covered by the military covenant, etc. Next, you have to show they failed to fulfil their duty of care. This is harder, as you have to demonstrate that the MOD / Army did not do a reasonable job at providing what it was supposed to provide.

    Lastly, and most difficultly, you would have to show that injury or loss occurred *because of their failure to meet their duty of care*. This is where most claims fail.

    There may be shorter routes to this. For example, if there was a contractual duty to provide something, and you had to pay for it because they were unreasonably delaying its provision, then you might be able to claim costs incurred.

    Difficult to comment further as we do not know the details of the case, and, even more so, I am, as ever, not a lawyer.

    Good luck.

  7. Wow. Not that I'm doubting your assertions but I find it incredible that you have simply been ignored, especially if, as you say, you have approached this in a thorough and appropriate manner with your chain of command.

    Perhaps you should pursue advice from civil sources on the matter such as a citizens advice bureaux or similar in the first instance (assuming you have exhausted all internal avenues). Ultimately, I doubt that anyone will thank you for going straight for litigation. However, not knowing (or wanting to know) your case details, it is hard to advise with any real sense of purpose. Incidentally, in case you're tempted, I wouldn't describe your case on here if I were you. You have no idea who any of us are.
  8. Burnley' I presume you have Medical back-up on your wifes condition!! this should have gone a long way to resolve the problem..obviously not..

    The first call for you now is one of the most powerful voices in the Forces SSAFA, the power they have will amaze you. there is also Citizens Advice. I am amazed that your families Officer has done bugger all in this case :(
  9. My bold: lots of welfare office staff just can't be bothered!!!! Most of them are coming to the end of their 22yrs and are resettling. 8O
  10. Sounds like a job for one of the following




    I & H (two mates of mine with fcuk off big hammers)-just kidding (although.....)
  11. If you are in Germany or on a overseas posting, you might want to speak with RAF Legal, they are probably the best placed to advise you.
  12. Burnleybootboy,
    Check PM's

  13. What a load of Sh1te. I cant belive that just because you are English and serving with a Jock Regiment you think it may be RACISM, as a SNCO you should know better than to fling the R word around.
  14. Yeh thanks for that however seeing as you are not in full command of the facts perhaps you shouldnt't be so quick as to make a judgement. Someone once said tis better to keep your mouth shut and be thought an idiot than to open it and remove all doubt.This I fear could apply to you :cry:
  15. the reg concerned is trying to help however housing issues are a problem .weve waited for ages to relocate and i work there.all the paper wrk is the problem as once youve got one they ask for another pushing the posts further. hope it happens soon.