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Care company denies negligence

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denies negligenceA CONCERNED son is trying to help his elderly parents after they were denied the right to lodge a claim for professional negligence by Pembrokeshire Care.

Graham and Margaret Hughes had a new bathroom installed at their home in Tenby in September 2012, but say that the completed work is substandard.

A report says that Graham and Margaret have been “left with a bathroom that is dangerous, illegal, and not fit for purpose”.

Three separate reports were commissioned to look at the work and all of them found a number of problems with the work. The main issue is with the electric consumer unit for the shower is located in the gas meter enclosure, which is against regulations.

However, in an alleged cover-up by Pembrokeshire Care and Repair, they have been denied the right to lodge a claim for professional negligence and their son Mike is now speaking with police to see if a criminal offence has been committed.

Mr and Mrs Hughes were led to believe that the claim was being investigated and were also offered unsatisfactory resolutions. The project has subsequently been condemned by three separate Independent Professional Surveys. PC&R have since denied liability for the claim and have also described it as “misconceived”.

Mike has contacted the Housing Minister Carl Sargeant and has also spoken to numerous representatives at PC&R.

In a letter to the Housing Minister Carl Sargeant, Mike says: “According to their website ‘Pembrokeshire Care & Repair is a not-for-profit charitable organisation dedicated to assist older and or disabled people to remain in their own homes in comfort, safety and security’. Whereas my parents have been left with a bathroom (which my parents have paid for) which is dangerous, illegal, and not fit for purpose. Pembrokeshire Care and Repair deny liability”.

In an email sent to PC&R Chairman David Bryan, Mike writes: “As an aide memoire, allow me to point to the more egregious half-truths, prevarications, and falsehoods contained in the PC&R letter dated October 11.”

One of the main half-truths is: ‘Your parents consider that the contractor’s works were defective’.

“This fails to mention the critical fact that three independent professional reports, one of which includes the Bullock Electrical Engineers’ report commissioned by Pembrokeshire Care and Repair, have condemned the works.

“Moreover the letter fails to mention – an especially important omission given the profile of the users, and PC&R’s mandated role as protectors of the elderly – the fact that all three professional reports posit in the clearest possible terms that the works, as well as being defective, are also both dangerous and illegal; and should be rectified immediately.

Another half-truth is: ‘The contractor offered to remedy the alleged defects’.

On the matter of the contractor offering to remedy the alleged defects, Mike commented: “Firstly, the ‘alleged defects’ as the letter puts it, are not ‘alleged’. They are attested to by three independent specialist reports – including the Bullock Electrical Engineering report commissioned by PC&R. “Moreover, as you of course know, the contractor’s ‘offer’ referred to, was an eventual; partial; and completely unsatisfactory concession. To wit: Paul Rogers stormed out of the initial meeting with my brother and Scott Nash on October 26, 2012 – and had to be called back by Mr Nash. Paul Rogers subsequently flatly refused in his email, dated October 31, 2012, to rectify the faults identified in the albeit comprehensively and dangerously omissive PC&R snagging list – itself only provided by Scott Nash after the chance intervention of my brother Peter Hughes”.

Mike adds: “However, in the intervening months, far from the claim being properly ‘investigated’ by the insurers – with whom we repeatedly sought, but were denied contact – PC&R were in the process of denying the legitimacy of my parents’ claim, based on provable and wilful falsehoods.

“It is a criminal offence to knowingly make a false insurance claim. Logic dictates that it must also be a criminal offence to knowingly, and falsely, deny a legitimate insurance claim – and in particular, where the wrongful denial not only causes loss; but also places the frail and elderly in danger.

“Whilst it is certain that a civil tort has been committed, I therefore intend to clarify with the police, as to whether the wrongful denial of a legitimate professional negligence claim, through deliberate falsehood, is a criminal offence”.

The letter sent on October 11 also says that the works would be monitored and inspected, but this is contrary to another letter sent on May 9 which says the work was not inspected.

The police have also been made aware of this issue.

Tina Mills, the Agency Manager said:-“Pembrokeshire Care & Repair is a local charitable, not for profit organisation which aims to provide advice, support and assistance to older or disabled persons to carry out repairs, adaptations or improvements to their homes.

“In the past year it has provided a range of services to over 1650 people.

“Customers who told us that they were very satisfied or satisfied with the services provided by Care & Repair – 98% those who would recommend Care & Repair to others –98% and who were satisfied with the standard of work carried out in their homes – 97%.

“We regret that Mr & Mrs Hughes feel that they did not receive the appropriate level of service nor satisfactory completion of the work undertaken.

“We are keen to resolve the issue; the contractor who undertook the work has offered to return to remedy an identified list of defects,

“The electrical sub-contractor who undertook the electrical work has also offered to return to remedy the identified defects.

“The contractor has offered to pay the costs of an electrical contractor of the family’s choosing to remedy the electrical defects

“The contractor has also agreed to participate in mediation, as originally requested on behalf of Mr & Mrs Hughes.

“All of these offers have been rejected.

“Cllr David Bryan, Chair of Pembrokeshire Care & Repair has also visited Mr & Mrs Hughes to discuss their complaint”.

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Rugby Weekly – Tenby’s promotion push continues

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It’s crunch time for all rugby clubs around the county, whether promotion is their aim or fighting relegation or even just trying to improve their league position, it’s now or never. 

Last weekend saw an important win for Fishguard in division two west which should put any relegation fears to bed completely. James Griffiths added an impressive 18 points for the Seagulls as they defeated Nantgaredig 33-19. 

Elsewhere in the second division, Milford were beaten 32-8 by a good Lampeter outfit. The Mariners are still a little too close for comfort with the drop zone but should have enough quality to see them safe. 

At the other end of the table Tenby sit in second place and have played fewer games than leaders St Clears and third place Lampeter. They won impressively again last weekend, beating Pontyberem 64-19 at Haywood Lane. Fletcher Broadhurst impressed with two tries as did Hywel Baker who also grabbed himself a brace. Another excellent performance in an outstanding season so far in which promotion would be the absolute icing on the cake. 

In Division Three West, Pembroke were well beaten by Laugharne 74-15 in which the outstanding Liam Price and Nico Setaro both crossed the whitewash 4 teams a piece. The latter also added 7 successful conversions. 

There was a local derby at Pill Parks where Llangwm hosted Pembroke Dock Quins and it was an exciting clash. The visitors won narrowly 28-23, Craig Barnett and Gethin Bradney both scored two tries for the Quins. The Wasps battled hard and will be proud of their performance, Gethin Thomas impressed for the hosts with two tries of his own but it wasn’t enough to secure the points. 

St David’s hosted the high flying Cardigan outfit and were unable to score in reply to the visitors 20 points, with it ending 20-0. The Saints however won’t be losing too much sleep over it as they have had a great season so far. 

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Business

Stephen Crabb leads inquiry on retaining community bank services  

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PRESELI Pembrokeshire MP, and Chair of the Welsh Affairs Select Committee Stephen Crabb is leading an inquiry in Parliament that will investigate the closure of high street banks in Wales, as well as access to cash.

In November 2023, Pembrokeshire saw the closure of Lloyds Bank in St Davids, and in the coming months both Barclays Bank and Halifax in Haverfordwest are set to close. In recent years, Wales has experienced a rapid decline in the number of high street banking services available to the public. Already in 2024, 23 high street bank closures have been announced in Wales, while automated teller machines (ATMs) declined by nearly a quarter between 2018 and 2023.

The Committee willconsider how declining high street banking services are impacting vulnerable people and small businesses across Wales, who are often more reliant on cash than digital banking. It will also examine how Wales is being affected by the loss of high street bank services, and whether the problem is worse in Wales than other parts of the UK.

Mr Crabb is a staunch advocate for retaining community banking facilities, especially in rural communities like Pembrokeshire where many local branches remain the only source of face-to-face banking provision for miles.

Recently Mr Crabb challenged Barclays Bank senior management on their decision to close the bank branch in Haverfordwest– a move that will see Barclays not only pull out of the county town, but means they won’t have a branch left anywhere in Pembrokeshire. He has also engaged with LINK – the UK’s largest cash machine network – and continues to campaign on the basis that a Banking Hub is established and that ATM machines should be retained or installed, especially in areas worst affected by the closures.  

Following the launch of the inquiry, MP Crabb added: “It is really sad to see so many banks across Wales closing as online banking grows in popularity. Despite the advantages of online banking, for a rural community with an ageing population like Pembrokeshire, bank branches hold huge importance as they offer face-to-face customer service.”

“I am acutely aware of the inconvenience that the bank closures locally have already caused following hundreds of replies from constituents to my ‘online banking survey’ ”

“I am looking forward to gathering further evidence on this subject through the committee’s inquiry, and will continue to put pressure on the relevant stakeholders to ensure that adequate alternative provisions are made through the establishment of banking hubs as well as the instalment of ATM machines where necessary.”

“In this inquiry, we are particularly keen to hear from those likely to be directly affected by the shift away from cash and physical banks. I encourage anyone with first-hand experience of losing banking services to give evidence to the Committee”

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Trains resume between Carmarthen and Pembroke Dock as works end

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TRAIN services resumed this morning (Thursday 28 March) after ten days of essential round-the-clock work to upgrade track and drainage between Carmarthen and Pembroke Dock.

The railway was closed from Monday 18 March to Wednesday 27 March to allow Network Rail teams to replace more than 200 metres of track and 300 tonnes of ballast (track stones) between Pembroke station and Pembroke Dock.

Work to improve the drainage between Narbeth and Kilgetty stations was also completed at the same time.

Nick Millington, Network Rail Wales and Borders route director, said: “This essential work in Pembrokeshire demonstrates our commitment to improving the reliability of the service we provide to passengers along our route.

“We know that replacing the track can be disruptive and very noisy, so I would like to thank the residents of Pembroke for their patience while our team carried out this crucial work.”

Colin Lea, Planning and Performance Director at Transport for Wales said: “We’re pleased that our colleagues in Network Rail have completed this essential work and that Transport for Wales rail services resumed today.

“We’d like to thank passengers for their patience while this work has progressed and look forward to welcoming passengers back in time for the Easter weekend.”

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