Injured soldier challenging MOD for failure to meet care needs

by Diane Dernie

Injured soldier challenging MOD for failure to meet care needs

by Diane Dernie
Diane Dernie
Case Owner
I am crowd funding for legal fees on behalf of my son, Ben, so that he can challenge the failure by the MoD and NHS to provide him with adequate care.
Funded
on 31st August 2017
£5,115
pledged of £10,000 stretch target from 212 pledges
Diane Dernie
Case Owner
I am crowd funding for legal fees on behalf of my son, Ben, so that he can challenge the failure by the MoD and NHS to provide him with adequate care.

Latest: Aug. 10, 2017

Response by the defendants

Thank you to everyone who has pledged for Ben’s case so far.

We have some good news, although we still need your help!

We received responses by the defendants to Ben’s letter before action.…

Read more

My son Ben Parkinson was not expected to survive his tour of duty in the North of Helmand Province in Afghanistan in September 2006. He suffered a severe brain injury and lost both his legs after a Land Rover he was travelling in was struck by an anti-tank mine. He is now 33 years old and has been told by doctors that he will require 24/7 care for the rest of his life.

On behalf of Ben, we have instructed solicitors at Irwin Mitchell LLP to investigate the failures by the Ministry of Defence (MoD), NHS England, and Doncaster Clinical Commissioning Group (CCG) to meet his care needs.

We were promised by the MoD that Ben would be properly taken care of. But after commissioning a 100 page report by an expert to identify his care needs, the MoD has failed to implement her urgent recommendations. Ben is not able to access critical therapies he needs, such as carers to take him swimming once a week, to take him to hospital for hyperbaric oxygen therapy treatment, we are not getting any respite, and there is equipment he needs urgently, such as specially adapted wheelchairs. The CCG is funding below the minimum hourly rate to pay Ben's carers and it has not increased his personal healthcare budget for 9 years, even to keep up with inflation.  Ben hasn't had a review by the CCG for 5 years. No one is taking proper responsibility for coordinating his care, and Ben seems to fall between the cracks between the MoD, NHS England, and the CCG.

After endless meetings and letters to try to resolve these issues, we felt we had no other choice but to instruct solicitors. Our solicitors have sent a letter before action to the defendants challenging these failings in the support that Ben has received. We are saying that the MoD has failed in its duty to develop a coherent plan of care for Ben, that both NHS England and CCG have not met their responsibilities under key legal frameworks, and that these public bodies are in breach of the Armed Forces Covenant, which encapsulates the moral obligation owed towards to those who serve in the armed forces.

We now need your help to raise funds to meet Ben's legal fees for our solicitors to review the formal responses by the Defendants, consider the evidence, and for expert advice as to whether to issue a judicial review claim in the High Court. This includes instructing a barrister to advise on the merits of Ben’s claim.

Ben has become an inspiration to others, as he has overcome so many challenges. He carried the Olympic torch when it visited Yorkshire in 2012 and was awarded an MBE by the Prince of Wales at Buckingham Palace in 2013. But sadly, after serving his country, he is now being let down. Promises made to him by the MoD, that he will be properly cared for, are not being fulfilled.

Ben's case may also have wider implications for other men and women who have been injured during service in the armed forces. No one who has made great sacrifices for their country should be left without sufficient care and support to meet their needs.

Please support Ben's case by donating money, and help us to challenge the MoD and the NHS' failure to properly look after a serving soldier.

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Update 1

Diane Dernie

Aug. 10, 2017

Response by the defendants

Thank you to everyone who has pledged for Ben’s case so far.

We have some good news, although we still need your help!

We received responses by the defendants to Ben’s letter before action. 

NHS England has agreed to do a “full care assessment” – to take place as soon as possible – and to take over funding his budget from the CCG. We hope that this assessment will identify the gaps in Ben’s care, and that a plan will be agreed to ensure all his needs are met.

The MoD has confirmed that it is their responsibly to commission primary care for Ben and NHS England has agreed that it is responsible for commissioning community and secondary care for him. 

Also, the MoD has suggested that we attend a meeting to resolve the issues with Ben’s care.

We are really pleased that the defendants want to work with us to try to resolve these problems as soon as possible, although we remain concerned that the solutions they come up with are enough, and that they will implement everything that Ben needs.

Although we are delighted that the defendants have responded positively to our letter, we still need your help! We need to fund Ben’s legal fees to agree a timetable for the assessment process, to consider the reassessment itself, and to attend a round table meeting to represent Ben. 

While we are delighted that it seems there is some movement towards improving Ben’s care, we are disappointed that we needed to enlist lawyers to help us get to this point. We hope that it will not be necessary to go to court, so long as NHS England and the MoD get together and work out how all Ben’s care needs will be met now and in the future. 

Thank you again for your generosity! 

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