Matter Type:
Child Access
Philip
Collected on:
Fundamentally misadvised
This review is for a different branch.
It was a child-parental case which, believe me, I explained and documented very carefully. I had 2 children, one 15 and the other 17 (but lacking capacity with learning disabilities). We resolved the issue over my younger by mediation, but had to go to Court over the elder (because of his vulnerabilities). I was advised to apply to Family Court. 4 months later at the Hearing, the judge simply dismissed the matter without verdict, as he explained the Court would not be able to resolve it in time before his 18th birthday. I discovered from this, and later advice from a barrister, that the Court of Protection was the place I needed to go, and I could have done this all along. Thus Clarkson clearly misadvised me out of professional ignorance, and over the phone they even tried to side-step blame by claiming they thought the case was over my younger son. I had strained to make it very clear that it was my elder son (but disabled), which was the whole point because he lacked capacity. Clarkson therefore either did not understand Court of Protection have to deal with such, or were untruthful in claiming I had instructed them over my younger child. Also, they were fundamentally wrong in telling me that a parent is deemed 'not a risk' once removed from a SHPO, only to tell me months later (after this had been achieved) that 'sorry, we've discovered the Local Authorities will not change their minds about you anyway'. Thus I had also wasted money on solictor letters of mediation to mother.
I've since won my case by going 'Direct Access' to a barrister specialised in CoP cases, and getting a specialised independent assessment done (ie not a social services one). Obviously my case was beyond a 'mere' family law solicitor's knowledge, (but should not be considering the amount of money I spent, and their years of training), but certainly unforgiveable that they could not at least point me in the correct direction. A year of my life and family progress and much money was wasted(efficiently invoiced, despite inefficient and obvious cursory case-reading).
Incidentally, I later did get correct advice on 'Direct Access Barristers' (which I had known nothing about) from a very good and honest solicitor elsewhere. My advice to anyone is do your own googling, get a DA barrister, if you're intelligent enough and cut out inefficient and overworked money-grabbing Solicitors altogether, especially this one.
Was this review helpful?