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Linda Westrupp
Member - 4 posts
Is anyone aware of any case law showing who might be held liable for faults on a wheelchair owned by a patient/service user but being pushed by a member of staff? We obviously have a comprehensive inspection and maintenance programme in place (we are a LA) but some local managers are now worried that their staff might be liable if a person's own wheelchair or one supplied by NHS or a charity collapsed while the person was in our care.
Guidance or case law would be very useful in helping to come to a decision. I know what I think but a bit of back up is always useful?
Thank you in advance
Linda
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Linda Westrupp
Member - 4 posts
Of course, they could just be following the public sector arrangements. They have these questions on their equal opportunity monitoring forms too because they have to submit returns to central government on equality issues (they also include religion so I put pagan).
Linda
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Linda Westrupp
Member - 4 posts
I think your union and solicitors seem to be treating this under personal injury. However, if your doctor diagnosed you as having depression and put that on a certificate, that is a clinical condition and DOES come within the remit of Disability Discrimination. Please, please talk to the Disability Discrimination Advice Line. I know it is very hard to do things if you are normally timid or shy, but you have come this far and can see how many people are supportive - so go for it and Good Luck!!
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Linda Westrupp
Member - 4 posts
I can assure you that HSE are definitely not targeted away from public services. In fact they seem to target Public Sector as they tend to be a sitting duck - just check their enforcement pages.
Getting back to the schools/asbestos issue, most Local Authorities do provide asbestos awareness and management courses, unfortuantely since the government gave schools so much independance Head Teachers do not have to attend or, in many cases, even listen to their Department. If there was a problem, even though the local authority Director has no powers to force schools to follow H&S procedures, it is them who would be named in action not necessarily the Head Teacher. Hopefully with the next Government led change (which will make them more fuly independant) a few Head Teachers will be prosecuted and the whole profession will wake up to their responsibilities as well as their targets.
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