A quick legal question
Discussion
Hello,
I am already a member here, but having to use a different account because it is a bit embarrassing.
Basically I had an unpaid work order, but was unable to do it due to ill health. Ill health being depression, anxiety and quite a few other things. This resulted in me losing my business as i ended up not being able to leave the house and the gp prescribed me anti depressants without referring me to a mental health specialist.
In the end I kept trying to get help and eventually it was suggested that I refer myself to healthy minds.
I did that, was put on a waiting list and now over a year has passed since the original community order. The lady from probation discussed with me that she would be taking it back to court to revoke the order and all being well I wouldn't have to attend and it could be heard in my absence.
Unfortunately this wasn't the case. Court written to me to attend, I tried to go that morning but had a panic attack and couldn't leave the house . Meanwhile I have been having EMDR therapy for ptsd. And did write to the court explaining this. They kindly adjourned it for me to sort myself out and get medical evidence, which I tried my best to do.
Anyhow, I rang the gp and she said I'd need to ask healthy minds for the letter for court, I did this and healthy minds said I'd need to ask the gp.
I did this again then got asked again to ask healthy minds.
I got nowhere.
In the end I written a letter explaining that I needed help and also possibly an alternative therapy as I felt my therapist didn't listen when I tried to talk and kept putting our conversations off until next week. Then the week after and so on.
In the end they written back offering me a new appointment with a new therapist.
Whilst all this has been going on, the court had already adjourned it several times. And I have also sent the court any letters confirming treatment I was having etc. The gp however hasn't helped at all and only seems to want to prescribe me anti depressants and then fob me off until the following month.
I have not had any letter from court again for about two weeks now, saying that though I don't always get my post. The postman here is a bit hit and miss. But I have written to them after having my first appointment with a new therapist last week, explaining that my standard treatment for ptsd is going to be put on hold now, I've only got about six appointments and after discussing it with my therapist I'll be having treatment to help control my anxiety and my panic attacks. And will be continuing with treatment for ptsd after I have managed to go to court and put it behind me.
But we need a new court date to work towards.
I did ring a solicitor the one who originally dealt with the case, but she said as it was only to revoke an order I wouldn't be entitled to legal aid and it would cost me £500+vat for her to attend court.
I have tried my best to gather all the evidence I can get and send it to court by email and postage. My girlfriend posted it as I cannot go outside. But I don't want them thinking I'm taking the pee when I'm genuinely not.
Also it should be noted that the only way I get to my appointments is via car, my girlfriend takes me door to door.
Any advice would be much appreciated.
Sorry for the long post.
I am already a member here, but having to use a different account because it is a bit embarrassing.
Basically I had an unpaid work order, but was unable to do it due to ill health. Ill health being depression, anxiety and quite a few other things. This resulted in me losing my business as i ended up not being able to leave the house and the gp prescribed me anti depressants without referring me to a mental health specialist.
In the end I kept trying to get help and eventually it was suggested that I refer myself to healthy minds.
I did that, was put on a waiting list and now over a year has passed since the original community order. The lady from probation discussed with me that she would be taking it back to court to revoke the order and all being well I wouldn't have to attend and it could be heard in my absence.
Unfortunately this wasn't the case. Court written to me to attend, I tried to go that morning but had a panic attack and couldn't leave the house . Meanwhile I have been having EMDR therapy for ptsd. And did write to the court explaining this. They kindly adjourned it for me to sort myself out and get medical evidence, which I tried my best to do.
Anyhow, I rang the gp and she said I'd need to ask healthy minds for the letter for court, I did this and healthy minds said I'd need to ask the gp.
I did this again then got asked again to ask healthy minds.
I got nowhere.
In the end I written a letter explaining that I needed help and also possibly an alternative therapy as I felt my therapist didn't listen when I tried to talk and kept putting our conversations off until next week. Then the week after and so on.
In the end they written back offering me a new appointment with a new therapist.
Whilst all this has been going on, the court had already adjourned it several times. And I have also sent the court any letters confirming treatment I was having etc. The gp however hasn't helped at all and only seems to want to prescribe me anti depressants and then fob me off until the following month.
I have not had any letter from court again for about two weeks now, saying that though I don't always get my post. The postman here is a bit hit and miss. But I have written to them after having my first appointment with a new therapist last week, explaining that my standard treatment for ptsd is going to be put on hold now, I've only got about six appointments and after discussing it with my therapist I'll be having treatment to help control my anxiety and my panic attacks. And will be continuing with treatment for ptsd after I have managed to go to court and put it behind me.
But we need a new court date to work towards.
I did ring a solicitor the one who originally dealt with the case, but she said as it was only to revoke an order I wouldn't be entitled to legal aid and it would cost me £500+vat for her to attend court.
I have tried my best to gather all the evidence I can get and send it to court by email and postage. My girlfriend posted it as I cannot go outside. But I don't want them thinking I'm taking the pee when I'm genuinely not.
Also it should be noted that the only way I get to my appointments is via car, my girlfriend takes me door to door.
Any advice would be much appreciated.
Sorry for the long post.
Edited by Rewindsforwards on Sunday 10th April 11:55
Sounds like your GP is abdicating their responsibility. Book an appointment and refuse to leave until they agree to write a letter for you. They of all people should understand that you can't take being messed about at the moment. I don't know the procedure but I guess you could be jailed for contempt of court, would your GP want that on their hands? Your girlfriend should attend with you and back up your refusal to leave until they agree to do something for you. If the GP needs more information it isn't rocket science for him to pick up the phone and speak to the folk you've been referred to.
Jailed?! That's bad, I tried my best and did keep the court updated every time.
I have a gp telephone appointment already booked for next week and my next appointment with my therapist is later on next week.
I have done everything I can.
Thanks for your reply though, I'll speak to my gp again and hopefully they will just explain everything for court.
I have a gp telephone appointment already booked for next week and my next appointment with my therapist is later on next week.
I have done everything I can.
Thanks for your reply though, I'll speak to my gp again and hopefully they will just explain everything for court.
Contact the court immediately by telephone. Ask for your next hearing date.
Unless you have a note from your doctor saying "not fit to attend court" then you must attend the next hearing.
It's your responsibility to get documentary evidence of your past medical condition and precisely why (i) you didn't do your community service and (ii) missed court on all previous occasions. You must take original documents to court.
Unless you have a note from your doctor saying "not fit to attend court" then you must attend the next hearing.
It's your responsibility to get documentary evidence of your past medical condition and precisely why (i) you didn't do your community service and (ii) missed court on all previous occasions. You must take original documents to court.
elanfan said:
Sounds like your GP is abdicating their responsibility. Book an appointment and refuse to leave until they agree to write a letter for you. They of all people should understand that you can't take being messed about at the moment. I don't know the procedure but I guess you could be jailed for contempt of court, would your GP want that on their hands? Your girlfriend should attend with you and back up your refusal to leave until they agree to do something for you. If the GP needs more information it isn't rocket science for him to pick up the phone and speak to the folk you've been referred to.
Contempt plainly not applicable.OP didn't do his community service, or whatever it's called this year.
Probation service wanted to revoke the order.
Sounds like the court wants to re-sentence.
agtlaw said:
Contact the court immediately by telephone. Ask for your next hearing date.
Unless you have a note from your doctor saying "not fit to attend court" then you must attend the next hearing.
It's your responsibility to get documentary evidence of your past medical condition and precisely why (i) you didn't do your community service and (ii) missed court on all previous occasions. You must take original documents to court.
Thanks for your reply.Unless you have a note from your doctor saying "not fit to attend court" then you must attend the next hearing.
It's your responsibility to get documentary evidence of your past medical condition and precisely why (i) you didn't do your community service and (ii) missed court on all previous occasions. You must take original documents to court.
I did ask the GP for evidence I was having treatment from healthy minds, she replied that she wasn't aware I was having treatment from them and that had no correspondence from them.
Eventually I learnt that healthy minds had written to them after my request to do so.
Anyway, she said she couldn't issue me with a letter saying I was unfit for court because she herself couldn't say that. I've no idea how or why she can't do that, but from looking at the mental health, ocd, and other forums related to that, our gp's are under trained in this department.
I will telephone the court as you suggested, but just to add I was always under the impression to put everything in we r it in to them as at least that way they have a complete record of my correspondence.
I just don't want to get into trouble over this when this problem I've got has virtually ruined my life as it is.
If worst case scenario and the court have arranged for my arrest or something, (I'm not sure what hapoens), could they still give me an alternative court date?
You see, what it is, is that my new therapist and I are working towards helping me go to court, without having panic attacks. I tend to get them when going to busy places, or places associated with my ptsd. We just need a new date to work towards. I need that goal. My previous therapist didn't want to do that and just kept giving me the EMDR therapy. It's all a mess.
Just to add, this illness has gone on for years, it has had its peak moments and not as bad moments, however things gto really bad early last year, I ended up losing my business because I couldn't go outside. I lost my friends, and God knows how my girlfriend has managed to stick around.
The probation service originally suggested to changing my sentence to a curfew order, hence the reason for going back to court. I did provide them with doctors notes at the time, and did everything they suggested. The doctors notes only said 'depression and anxiety states' and I forwarded these onto the probation service.
Because the GP doesn't deal with mental health they have refused to issue me with anything else related to my condition.
The probation service originally suggested to changing my sentence to a curfew order, hence the reason for going back to court. I did provide them with doctors notes at the time, and did everything they suggested. The doctors notes only said 'depression and anxiety states' and I forwarded these onto the probation service.
Because the GP doesn't deal with mental health they have refused to issue me with anything else related to my condition.
Rewindsforwards said:
Just to add, this illness has gone on for years, it has had its peak moments and not as bad moments, however things gto really bad early last year, I ended up losing my business because I couldn't go outside. I lost my friends, and God knows how my girlfriend has managed to stick around.
Sounds like they were friends you could do without
I wish you the best with your recovery.
280E said:
Rewindsforwards said:
Just to add, this illness has gone on for years, it has had its peak moments and not as bad moments, however things gto really bad early last year, I ended up losing my business because I couldn't go outside. I lost my friends, and God knows how my girlfriend has managed to stick around.
Sounds like they were friends you could do withoutI wish you the best with your recovery.
Thanks, I hope so too.
I was thinking, what if the court have asked the police to arrest me because I couldn't go to court, if they have done that, could they prevent it and just give me a new court date instead so I can work towards getting there with the therapist?
Rewindsforwards said:
True, I never actually thought of it like that.
Thanks, I hope so too.
I was thinking, what if the court have asked the police to arrest me because I couldn't go to court, if they have done that, could they prevent it and just give me a new court date instead so I can work towards getting there with the therapist?
Deal with one thing at a time. Contact the court at 9am. Find out what happened at the last hearing.Thanks, I hope so too.
I was thinking, what if the court have asked the police to arrest me because I couldn't go to court, if they have done that, could they prevent it and just give me a new court date instead so I can work towards getting there with the therapist?
Hi.
"Mind" are a charity that should be able to advise and give some guidance.
I would strongly advise you to speak to your local Citizens Advice and you need to use an advocate who can speak up on your behalf.
I work for the NHS in Mental Health , our trust has "mind" staff and advocates to act completely independently on behalf of our service users.
I have some experience as part of my role was to encourage service users to speak up and refer to advocates if necessary.
Feel free to message me for anymore info.
Thanks and good luck.
"Mind" are a charity that should be able to advise and give some guidance.
I would strongly advise you to speak to your local Citizens Advice and you need to use an advocate who can speak up on your behalf.
I work for the NHS in Mental Health , our trust has "mind" staff and advocates to act completely independently on behalf of our service users.
I have some experience as part of my role was to encourage service users to speak up and refer to advocates if necessary.
Feel free to message me for anymore info.
Thanks and good luck.
colinevan said:
Hi.
"Mind" are a charity that should be able to advise and give some guidance.
I would strongly advise you to speak to your local Citizens Advice and you need to use an advocate who can speak up on your behalf.
I work for the NHS in Mental Health , our trust has "mind" staff and advocates to act completely independently on behalf of our service users.
I have some experience as part of my role was to encourage service users to speak up and refer to advocates if necessary.
Feel free to message me for anymore info.
Thanks and good luck.
Hello Colinevan "Mind" are a charity that should be able to advise and give some guidance.
I would strongly advise you to speak to your local Citizens Advice and you need to use an advocate who can speak up on your behalf.
I work for the NHS in Mental Health , our trust has "mind" staff and advocates to act completely independently on behalf of our service users.
I have some experience as part of my role was to encourage service users to speak up and refer to advocates if necessary.
Feel free to message me for anymore info.
Thanks and good luck.
Thankyou very much for your reply.
I wasn't told any of this information at all from the GP or Healthy Minds.
I have emailed Mind via there website, I haven't had a response yet as this was only a few days ago so I'm guessing they are busy. I have also emailed solicitors and been searching Google for help.
I can't private message anyone from this user account for 24 hours after joining, (I think it said), I will drop you a pm as soon as I am able too.
Also I have another telephone appointment with my gp tomorrow, Im not holding my breath that they will help as so far they have fobbed me off. I've been trying since last year.
How would I go about getting an advocate? I really have no idea where to start with all this, you are the only person who has mentioned it to me, if only healthy minds or my gp would of suggested this sooner then maybe things wouldn't of dragged out so long.
this ^^
i can't see why your GP wouldn't provide the letter confirming that you are "in treatment" but IAPT will probably need the usual boxes ticking before responding. A request from your legal team for psychiatric report should satisfy the court, providing the chosen psychiatrist is a) affordable and b) agrees that you couldn't comply with conditions on health grounds.
paul
i can't see why your GP wouldn't provide the letter confirming that you are "in treatment" but IAPT will probably need the usual boxes ticking before responding. A request from your legal team for psychiatric report should satisfy the court, providing the chosen psychiatrist is a) affordable and b) agrees that you couldn't comply with conditions on health grounds.
paul
paulmakin said:
this ^^
i can't see why your GP wouldn't provide the letter confirming that you are "in treatment" but IAPT will probably need the usual boxes ticking before responding. A request from your legal team for psychiatric report should satisfy the court, providing the chosen psychiatrist is a) affordable and b) agrees that you couldn't comply with conditions on health grounds.
paul
Hello Pauli can't see why your GP wouldn't provide the letter confirming that you are "in treatment" but IAPT will probably need the usual boxes ticking before responding. A request from your legal team for psychiatric report should satisfy the court, providing the chosen psychiatrist is a) affordable and b) agrees that you couldn't comply with conditions on health grounds.
paul
Thanks for your reply.
My gp wouldn't supply anything to confirm treatment, she told me that she wasn't aware I was having treatment off healthy minds. However, I later found this out to be untrue as I now have a copy of a letter that healthy minds written to her stating that I'd been having EMDR treatment.
Anyway, the only proof I have is letters saying that I've been having treatment, nothing which states 'unfit for court'. I have asked them about that and Ive been told to speak to my gp who has said speak to healthy minds, healthy minds have then said to ask the gp who had then said to speak to healthy minds again. Honestly it's been a complete nightmare.
So far I have no legal representation. The solicitors wanted £500+vat and told me I wasn't entitled to legal aid.
Just to clarify though, what do you mean by IAPT?
Also the psychiatric report sounds hopeful, I'm going to look into getting one of them.
Thanks for your help so far.
Sorry for the delay , Advocates are there simply as support and cover a large amount of problems and advise with regards to complaints as well etc. Within our hospital environment ( patients sectioned and usually against there will) an unbiased person to give guidance and support is very much appreciated in our clients eyes.
An advocate for example would encourage a service user to fight to speak up if they feel there section was not necessary, speak up against the MDT team and doctors and refer to legal teams if required . The other end of there role covers things such as discharge, grants, loans for buying furniture quite a varied role.
At one time, it was purely citizens advice , however i believe mind have now taken over.
As mentioned , feel free to message - if it cant wait,use any account to message me - main criteriay working within mental health is to be none judgmental so don't feel it should be behind closed doors or its embarrassing as the stigma around mental health is getting better. Sadly problems arise when people feel things should be behins closed doors etc.
Speak soon.
An advocate for example would encourage a service user to fight to speak up if they feel there section was not necessary, speak up against the MDT team and doctors and refer to legal teams if required . The other end of there role covers things such as discharge, grants, loans for buying furniture quite a varied role.
At one time, it was purely citizens advice , however i believe mind have now taken over.
As mentioned , feel free to message - if it cant wait,use any account to message me - main criteriay working within mental health is to be none judgmental so don't feel it should be behind closed doors or its embarrassing as the stigma around mental health is getting better. Sadly problems arise when people feel things should be behins closed doors etc.
Speak soon.
's trick.Approach it from the court's perspective; the starting point is that you're not complying with something they've ordered you to do. They need to understand the reason for this and respond accordingly.
Sadly, there are many, many people out there who swing the lead and try to pull the wool over the court's eyes. Until you provide ample justification, you run the risk of being just another one of those.
However daunting a trip to the court appears, I'd get them off my back first, then take a proper look at my treatment, as it sounds like this is the most pressing need in your life.
Sadly, there are many, many people out there who swing the lead and try to pull the wool over the court's eyes. Until you provide ample justification, you run the risk of being just another one of those.
However daunting a trip to the court appears, I'd get them off my back first, then take a proper look at my treatment, as it sounds like this is the most pressing need in your life.
Hello, I'm sorry to hear about your situation, I hope you don't mind asking two rather direct questions...
1) Are you currently on medication for your anxiety? I couldn't figure this part out from your post - because I find it strange that the GP wouldn't issue you a letter if you were on repeat medications for your anxiety.
2) If you can get to your therapy and GP appointments using your GF to drive, what's stopping you from doing the same to get to court?
1) Are you currently on medication for your anxiety? I couldn't figure this part out from your post - because I find it strange that the GP wouldn't issue you a letter if you were on repeat medications for your anxiety.
2) If you can get to your therapy and GP appointments using your GF to drive, what's stopping you from doing the same to get to court?
Edited by meddyg on Monday 11th April 14:35
Hi Meddy
I probably should of explained better in my original post.
I was on Sertraline, then Citalopram and now I'm on Mertazapine. I've only been on the latter about six weeks though and so far they are doing nothing.
The ptsd is connected to the court, it's quite complicated, basically busy places, and it's also like a contamination thing.
My original therapy appointments were at a busier place and I was finding it difficult to go, so it was moved to a quieter place. Now it's just straight from my door to theres without the anxiety. It's a bit easier to focus during appointments now they've arranged that.
I probably should of explained better in my original post.
I was on Sertraline, then Citalopram and now I'm on Mertazapine. I've only been on the latter about six weeks though and so far they are doing nothing.
The ptsd is connected to the court, it's quite complicated, basically busy places, and it's also like a contamination thing.
My original therapy appointments were at a busier place and I was finding it difficult to go, so it was moved to a quieter place. Now it's just straight from my door to theres without the anxiety. It's a bit easier to focus during appointments now they've arranged that.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff