Thousands affected by NHS Lothian hearing service scandal

LAWYERS WARN OF MORE VICTIMS IN NHS LOTHIAN AUDIOLOGY CASE

Lawyers supporting victims of the NHS Lothian hearing service scandal have warned that the number of children affected could be far greater than those identified in the independent report.

An audit of the health board’s audiology services found significant concerns in 155 of the 1007 patients treated between 2009 and 2018, which led to some children being identified with hearing loss years later than when first tested.

However, it has now emerged that THOUSANDS of children could be affected as lawyers highlight the 1,007 patients analysed in the audit was just a “sample” of those tested during the 9-year period.

Grace Smith, Associate at global law firm PGMBM, who are supporting parents affected by the scandal, said: “Whilst the audit highlighted those 155 children who were significantly affected by the failures at NHS Lothian, it is clear that the real number of families affected is much higher.

“The audit was performed on a sample of just over 1000 patients that were treated at NHS Lothian between 2009 and 2018. Within that 9-year period there were far more children through the doors of the Paediatric Audiology Service. The patient case load for this time frame was 22,900.

“The audit found concerns with 88% of the records within the sample. If that same percentage is applied to the full patient caseload across that time period, then the number of families affected by the report, delays and misdiagnosis could run into five figures. We know that there are children who were not included in the audit sample who have been affected by the failings highlighted in the audit report. ”

PGMBM are representing a parent whose child was not included in the audit sample – but experienced significant and serious delays in diagnosis.

Grace added:. “One of the families we are representing was seen by NHS Lothian’s Audiology Service several times from 2019 after their child failed a hearing test at birth.

“Despite repeatedly raising concerns about their child’s hearing, they were dismissed again and again and told that their child’s hearing was normal.  However, at almost three years old, an external second opinion diagnosed their child with severe hearing loss. This significant delay in diagnoses happened at a key developmental stage for their child.

“There are clearly more people affected than were reviewed in the audit sample. We would appeal to anyone worried to get in touch with either NHS Lothian or ourselves and we can look at ways to support you.”

The British Academy of Audiology report found systemic failings which led to babies and children undiagnosed or experiencing significant delays in diagnosis and treatment.

It was found that there were a series of serious issues particularly within the under-five age group of the Paediatric Audiology service. The root causes of these failures were found to be a lack of scientific leadership, knowledge, reflection and enquiry in the presence of a lack of routine and robust quality assurance process.

The report found that staff were not following professional standards, training was almost exclusively in-house and insufficient, testing was not carried out correctly and there was no evidence of consistent management protocol or structure for children after results of tests. As such children who presented with similar test results and histories were being managed in different and contrasting ways. It also found that parents concerns were often dismissed.

NHS Lothian apologised following the report which was published last December.

Anyone who thinks they might be affected by the issues identified in the audit and would like more information can speak to PGMBM lawyers at:

www.nhslothianclaimlawyers.com

PGMBM is a partnership between British, American, and Brazilian lawyers passionate about championing justice for the victims of wrongdoing or harm.

The firm has recently opened it’s Scottish office in Edinburgh, with Partner Alison Webb at the helm.

The case is among the first of many that the Scottish entity is taking on in an emerging market for group litigation in Scotland.

Salmond Inquiry: Key legal advice to be released

The key legal advice that underpinned the Scottish Government’s defence of the Judicial Review taken by Alex Salmond will be released today.

Last night’s decision by Deputy First Minister John Swinney has received the prior agreement of the Law Officers in line with paragraph 2.40 of the Scottish Ministerial Code.

Ahead of release, under the General Data Protection Regulation, legal notifications to individuals impacted are required. These are expected to be complete and, subject to them, the Parliament will receive the material immediately thereafter.

Deputy First Minister John Swinney said: “In normal circumstances, government legal advice is not released. Indeed, such is the importance of being able to get frank, private advice, it is almost unheard of for the legal advice to be released.

“But, we have to acknowledge that the issues at stake now are not normal. The very integrity of the legal system is being questioned.

“Serious allegations have been made. This material allows people to confirm that these allegations are false.

“We have already shared in private with the Scottish Parliament’s committee on these issues the substance of the advice.

“Now, we recognise that in order to counter to the false claims being made by some, we must go further. Subject to the mandatory legal checks and processes, we will release the key legal advice.”

The ongoing controversy centres on legal advice given to the Scottish government after former First Minister Alex Salmond launched judicial review proceedings in 2018 over the way harassment complaints against him had been handled.

The government finally had to admit it had acted unlawfully because its investigating officer had had prior contact with the two complainers – but the error left taxpayers to foot the bill for Mr Salmond’s legal bill of over £500,000.

Mr Swinney had faced a vote of no confidence at Holyrood if he refused to release the information. The vote of confidence would have carried as the Scottish Greens supported the motion, ensuring a majority in parliament.

This was the THIRD time parliament had requested the release of the papers.

If the legal advice is published in full – IF – it will help to shed some more light on a complicated case which is damaging the Scottish government’s reputation and calls into question the way our democracy functions.

If the published legal advice is heavily redacted, however, (note Mr Swinney’s used of the word ‘key’ in his statement), it’s likely that the vote of no confidence will go ahead.

Key player Lord Advocate James Wolfe QC, who was heavily criticised when former First Minister Alex Salmond gave evidence to the committee on Friday, is set to give evidence to the Holyrood committee this morning, while First Minister Nicola Sturgeon will give her much-awaited testimony tomorrow.

Free legal advice to businesses on COVID emergency loans

GILSON GRAY has announced it will provide free legal advice to Scottish businesses which have obtained offers of loans under the Government’s Coronavirus Business Interruption Loan Scheme (CBILS) programme.

Under the plan, Gilson Gray will provide free legal advice to a business on the loan agreement, first-ranking security and guarantee documents the bank requires for a CBILS loan.

All that the business will pay is third party and registration costs. Gilson Gray is offering this to the first 100 businesses to call its special COVID hotline on 0330 12 45 782.

Businesses eligible to take up Gilson Gray’s offer will also get a free one-hour “legal health check” with one of the firm’s partners to ensure they are ready for business during and after lockdown.

Managing partner, Glen Gilson (above), said: “We are delighted to be able to help the first 100 businesses calling our COVID hotline with free legal advice for their CBILS loans.

“We are proud to use our strength and specialist experience to help the Scottish business community through this crisis. Any business wishing to take us up on our offer should ring our COVID hotline on 0330 12 45 782.”

All of the teams at Gilson Gray are continuing to maintain the firm’s excellent, high quality service to clients, providing a full range of legal services throughout the pandemic.

Gilson Gray has grown to 150 staff across six offices in Edinburgh, Glasgow and East Lothian, each of which offers Gilson Gray’s full range of property, legal and financial services.

Established in 2014, Gilson Gray has become one of Scotland’s most prominent property and legal firms, boasting one of the widest service ranges in the country.

Managing Partner Glen Gilson is regarded as one of the leading figures in Scottish law and has been recognised as Managing Partner of the Year twice in the past six years. 

For more information on Gilson Gray and the full terms and conditions of this offer, please visit: http://gilsongray.co.uk/

 

Private parking companies and the DVLA

Why it’s YOU that’s in the wrong in the eyes of the law:  an insight from law specialists at Thorntons 

There is a common misconception that private parking companies have no legal recourse to pursue drivers for parking fines incurred while using their premises, but the truth is a little more complicated.

In the past, Scottish law has been unclear on the matter, but it is important that motorists are aware that not only is there very definite rulings in favour of the parking companies, but they also have access to DVLA records to track down infringers and begin proceedings against them.

Parking tickets

Parking tickets issued by private companies in private car parks are not fines, they are classed as Parking Charge Notices. This is different from Penalty Charge Notices which are issued by council traffic wardens and the police. Penalty Charge Notices are regulated fines, backed by legislation.

When you park in a private car park the terms and conditions of the car park must be clearly displayed along with a warning of the charge payable for failing to display a ticket/permit or overstaying. If the terms and conditions of the car park are clearly displayed and you park in that car park, you are agreeing to those terms and conditions.

You are entering into a contract with the car park operator. If you fail to adhere to the terms and conditions of the car park you may be issued with a Parking Charge Notice.

Failure to pay a Parking Charge Notice will result in the car park operator pursuing you for the sum contained in the charge notice. The car park operator will allow you an opportunity to pay and may permit you to enter into a payment arrangement. If you ignore or refuse to pay the Parking Charge Notice the landowner or car park operator can take legal action against you.

In order for the parking company to succeed at court they must establish, on the balance of probabilities, who was responsible for parking the vehicle. This differs from the approach in England where legislation exists holding the registered keeper as accountable for payment of Parking Charge Notices irrespective of whether they were the driver of the vehicle.

Failing to pay these tickets once issued can be seen in the eyes of the law as a breach of contract and the car park operators can then take the offending motorist to court to recover their losses. A recent example of this would be the Dundee woman who was ordered to pay a staggering £24,000 in fines racked up over a period of months that saw her ignore over 200 separate tickets. 

Data protection

The other issue with private parking tickets is just how they attain drivers’ information to issue the fines in the first place, but once again, the law is firmly on their side.

Far from being a breach of data protection regulation, gaining the information necessary from the DVLA is a simple process that anyone, not just the parking companies, can take advantage of for the sum of £2.50.

The DVLA will only give out this information if the requestor has reasonable causes. There are multiple examples of these listed on the DVLA website including finding out who was responsible for an accident, tracing the registered keeper of an abandoned vehicle and tracing people responsible for driving off without paying for goods and services, but crucially, giving out parking tickets is also on this list.

This means it could be difficult to bring a claim that a breach of the data protection legislation has been made when a parking company uses the DVLA to track down a motorist who they wish to issue a fine towards.

The only other condition which a private parking company needs to satisfy to get the information is that it must be a member of either the British Parking Association or the International Parking Community. These organisations are essentially not-for-profit trade bodies.

What should you do if you are issued with a Parking Charge Notice

If you have been issued with a Parking Charge Notice and were the person responsible for parking the vehicle, you should pay the fine.

If you have been issued with a Parking Charge Notice but you were not driving the vehicle at the time, you should explain this to the landowner or car park operator. They may ask you to prove this and state who was responsible for parking the vehicle.

If you have been issued with a Parking Charge Notice and you followed the terms and conditions of the car park you should explain this to the landowner or car park operator. Mistakes can happen and if you have been issued with a Parking Charge Notice when you clearly have a ticket displayed, keep your parking ticket and send a photocopy of it to the landowner or car park operator.

If you are unsure of your options when issued with a Parking Charge Notice or court proceedings have been raised against you, seek legal advice at an early stage.