Self education and representation being the key!!!!

IN THE MELTON MOWBRAY COUNTY COURT                         8NG02777

 

Between

 

Richard Bradley Wilks                                Claimant

 

And

 

Rutland County Council Chief Executive Helen Briggs Defendant

 

­­­_________________________

­­                        PARTICULARS OF CLAIM

_________________________

 

 

 

 

1. The Defendant is sued in her capacity as Chief
   Executive for Rutland County Council. She was at all material times
   responsible for the direction, control and acts of all Rutland County
   Council employees, whether specifically identified by name or not, in
   these Particulars of Claim. Those employees were at all material times
   acting in purported performance of their Council functions.

2.  The
   Defendant is a public authority for the purposes of section 19B of the Race Relations Act 1976 and a provider
   of services for purposes of section 20 of the 1976 Act.

 

Factual Background

 

3. Malachi Lloyd Wilks was permanently excluded from
   school in September 2006 as such Rutland County Council were in attendance
   and aware of all mitigating circumstances surrounding said exclusion

4. That Rutland
   County Council have failed to provide adequate educational provision since
   September 2006

5. That Rutland County Council have withheld
   information applied for by the Claimant under the Data Protection Act

6. That between December 2005 and October 2008 Rutland
   County Council have inappropriately responded to complaints from the
   Claimant

7. That Rutland
   County Council have refused to follow Governmental Guidelines in relation
   to the carrying out of investigations and the informing of external bodies
   upon findings

8. That Rutland County Council have failed to provide
   Governmental educational provision recommendations for pupils permanently
   excluded from school’s

9. That at all times Rutland County Council have
   provided a sub standard service to the Claimant and his son

10. The Claimant is Black British. He alleges that he
    was subject to less favourable treatment on the grounds of his racial
    origins in the following respects:

a)     
The failure of
Helen Briggs Chief Executive to investigate complaints of racial discrimination

 

11. Further and alternatively, by reason of the matters
    set out above, or any of them, the Defendant’s employees discriminated
    against the Claimant under section 20 of the 1976 Act either because:

 

a)     
They failed to provide
the Claimant with services; or

b)     
They failed to provide
him with services in the like manner as is normal in relation to other members
of the public.

 

12. As a result of the matters set out above, or any of
    them, the Claimant has suffered loss and damage, distress and inconvenience
    in respect of which he is entitled to damages.

13. Further, the Claimant claims aggravated and
    exemplary damages. He will rely upon the following facts and matters in
    support of this part of his claim:

a)     
The Claimant suffered
particular distress by reason of the fact that his son was the victim of
discriminatory practices

b)     
There was a failure to
follow procedural and governmental guidelines

c)     
There was a failure to
deal expeditiously with the Claimant’s complaints;

d)     
The Defendant’s
employees failing to deal with his complaints with the seriousness and
sensitivity they deserved;

e)     
At least two employees
fabricated a false account as to the options available to the Claimants son
upon exclusion from school

f)       
The Defendant has
denied liability throughout, failed to apologise and sought to justify the
actions of her employees

g)     
Insofar as the
Defendant continues to stand by the conduct of her employees, this constitutes
a further aggravating feature;

 

14. In support of his claim for aggravated damages, the
    Claimant will seek to rely upon any other relevant matters which may
    become apparent upon service of the Defendant’s statement of case,
    disclosure of documents and as a result of the conduct of the Defendants
    case before or during trial.

15. Further, the Claimant claims interest pursuant to
    section 69 of the County Courts Act
    1984 on all sums awarded to him at such a rate and for such period as
    the court thinks fit.

16. And the Claimant claims:

a)     
A declaration of
unlawful race discrimination;

b)     
Damages, including
aggravated and exemplary damages; and

c)     
Interest on the basis
set out in paragraph 15 above

 

 

Richard Bradley Wilks

I believe that the facts stated in these
Particulars of Claim are true:

 

Signed: ……………………………….

Name: Richard Bradley Wilks

Date: Monday, 06 October 2008