Dying for Profit

A depressing month heralded in a shocking NHS Learning Disabled Mortality Review, forced by the revelation our NHS investigates 1 % of the deaths of the Learning Disabled in their care, two Inquests of autistics concluding ‘natural causes’, and another is likely, from the findings of an NHS England’s investigation into Thomas Rawnsley’s death.

With the inevitability of even fewer inquests and more ‘natural causes’ deaths by the introduction this month of  certification of deaths by Medical Examiners, rather than Coroners.

We have few investigations, let alone independent ones, into those dying in state care, despite ever increasing deaths, and the fact that back in 2013, MENCAP reported 37% died due to inadequate health care at a rate of 1,200 a year.

https://www.mencap.org.uk/press-release/mencap-research-scandal-avoidable-death-1200-people-learning-disability-die

So state ‘care’ is becoming evermore unaccountable, even for death, and evermore expensive, with nearly a fifth of our total NHS and care budget spent on it, and almost all care and treatment for the autistic and learning disabled is now provided by monopoly venture capital backed private providers with an overriding duty to provide ever more profit.

And no one is even commenting on, let alone doing anything about the quality of these public/private services costing billions, even if they result in the death of a service user.

NHS England didn’t want anyone to see its commissioned University of Bristol Learning Disability Mortality Review Annual Report 2017,so publication was held back from November to the day after the local elections and the day before a long bank holiday.

NHS refused any press conference or media comment and Jeremy Hunt disappeared from Parliament before he could be asked a question on the report.

Such is Ministerial and NHS Responsibility

https://www.hqip.org.uk/resource/the-learning-disabilities-mortality-review-annual-report-2017/#.Wu29kaQvwdU

Only 1131 deaths were referred to the programme because of lack of resources,  despite the NHS having enough money to pay £13,000 a week for the treatment they resulted from, and again through lack of funding, only 103 of these deaths were actually reviewed with no indication of when the remaining 1028 deaths would be investigated.

Of the 103 reviews, 13% of deaths were found by the review team to be down to:
Neglect or abuse.
Organisational dysfunction.
Delays in care or treatment.
Gaps in service provision.

The many inquests into the deaths of autistic and learning disabled including Danny Tozer, Oliver McGowan, Connor Sparrowhawk & Richard Handley and yet to be held Thomas Rawnsley are horrific testaments to the Review’s findings..

No wonder the government removed the right to life jury and Inquest from those held under MCA Dols.

So what was the NHS’s reply to the reports findings ?

We welcome this interim report, the first of its kind in the world.
( A black piece of PR as no other country has been forced to commission such a report because  disabled in state ‘care’ are dying for profit. So badly in fact, our government has been forced to issue annual death reviews)

These early lessons will feed into hospital and community services work including early detection of symptoms of sepsis and pneumonia prevention, constipation and epilepsy where there is significant progress.

( Surely hospitals and community NHS paid millions – up to 13,000 a week – should not be used until such basics exist within them. Such basics shockingly deemed ‘early lessons’ )

The NHS go on to say another 1.4m more will be spent this year so that those responsible locally as well as the University of Bristol and NHS HQ can ramp up the speed and number of reviews.

So 1.4 million for more death reviews, meetings and bureaucracy and private local profit, with no accountability or compensation for victims and their families.

But still very cheap , in comparison to the billions that would have had to be paid out, if we had USA accountability for patient care with Medicare representation in court.

Or even if we had Coroners Inquests with Juries- 2 millions being paid out in compensation to Connor Sparrowhawk and another.,

So shouldn’t our government and Court of Protection comply with its own laws and ensure that those held in MHA/ NHS treatment or MCA residential care do not die ?

And ensure that our public money is not wasted on unsupervised, lacking
the basics, proven unsafe and inadequate public/ privatised provision ?.

Does our government, NHS and courts not have a duty to protect our most vulnerable in and from state care ?

Unless the profit motive is removed from state care/treatment more will, and will be allowed to die, making that profit with impunity..

There can be no saving of lives by Carillion style bankruptcies just less culpability and more public money wasted.

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Babies for Sale- The Adoption Profit Motive

The stuff of barbarism- a baby torn from a loving mother for ever.

But it’s just another day for the Social worker walking briskly towards a ward, baby carrier on arm to whisk a baby to a stranger approved by the state.

Job done, baby protected, agency paid.

How more easily could at least £27,000 be earned than from the finding of parents for a new born baby ?

A distasteful impersonal ‘transaction’ sanctioned by law, happening daily in UK hospitals only.

The horror unseen, the damage unknown, the social obscenity not even discussed.

The mother presumed such a monster her own baby needs protection and so deserves her fate

But does she ?

Her husband failed to attend an Anger Management Course because of LA cuts, she’s has a mental disorder, drug/drink issues or learning disability or simply had relationships with violent men in the past or herself has just left care and is homeless.
Those most in need are those whose babies are most ‘at risk’- easy targets, easy money.

This is child protection, now outsourced by LAs to corporations worth millions .

By 2016 2,700 babies were being removed each year.
http://www.independent.co.uk/news/uk/home-news/family-courts-crisis-adoption-numbers-social-workers-2700-babies-james-munby-a7321506.htm
After those under one month taken into care had already increased from 1,400 in 2010 to 2,013 in 2013 (years to 31 March)

John Hemming here argues why this is happening and produces evidence that this has not helped child protection by decreasing the number of child deaths, abuse and neglect

http://www.communitycare.co.uk/2014/01/22/social-workers-experts-john-hemming-mp-responds-community-care-readers/

And it is  illegal under Human Rights and EU law which states that when taking a child into care, the European courts are prepared to give domestic authorities a wide margin of appreciation and this is not normally in breach of Art 8, P, C and S v The United Kingdom [2002] 35 EHRR 31, as
“a temporary measure to be discontinued as soon as circumstances allow,” but in the UK it is forever.

Nothing illustrates the greed, ruthlessness and efficiency of our child protection system more than the story of Alessandra Pacchieri ,an Italian citizen, who whilst staying in a Stansted Hotel on a Ryanair training course rang the police when she had a panic attack, they contacted her parents who were looking after her two children and were told she had a bipolar condition and had not been taking her medication because she was pregnant.

Police arrived in her hotel room offering to take Alessandra to a hospital to check out her baby, but instead used their s136 MHA power to take her to ‘a place of safety’ where she was mentally assessed and sectioned under the MHA.

Ten weeks later, without informing Alessandra, the local health authority obtained an order enabling doctors to deliver her baby girl by caesarean, whilst Essex County Council simultaneously began care proceedings enabling her baby to be born into care and adopted.

Alessandra was anesthetised and awoke to find her baby removed from her womb and her life forever, despite a friend and the grandparents offering to care for the baby and Alessandra promising to take her medication.

The Telegraph publication of this horror and the political disgust of Italy, forced Sir James Munby to comment it was time to “call a halt” to the tendency to apply for adoption orders based on “sloppy” or non-existent assessment of alternatives which would not irrevocably break-up families.

https://www.telegraph.co.uk/news/politics/10314937/Drive-to-speed-up-adoptions-means-children-may-be-removed-from-parents-too-quickly.html
But little appears to have changed.

So what in 2009 saw many childrens Charities diversify into adoption.?

An Intergency Adoption Fee in 2008 was payable by the government to an agency at
12,660 for an adoptive family approved by another LA (from 1 April 2007 to 31 March 2008)
£19,889 for families from Voluntary Adoption Agency
with an additional fee of £3,315 to cover post adoption services (the post adoption support module).
London LAs and VAAs are also able to charge an additional 10% London weighting
http://www.bristol.ac.uk/media-library/sites/sps/migrated/documents/rk6582afinalreport.pdf

In 1978 the fee had been £3,370 for each child adopted
But note not for infants under 18 months presumably thought to easy to place to warrant a fee.

In order to protect the fee against inflation this fee was then linked to 50% of point 19 on the social work salary scale, increasing automatically each year in line with nationally negotiated salary increases.

Over the years, the scheme has been regularly reviewed. Each major review has been dominated by concerns that the fee has not accurately reflected the expenditure incurred by the voluntary sector.

And in 2013 the fee of £13,000 per adoption paid to LAs was increased to the.Voluntary adoption agencies rate of £27,000 to facilitate adoptions

http://www.communitycare.co.uk/2013/01/15/local-authorities-planning-to-increase-inter-agency-adoption-fee/

£27,000 for placing 1 child 2. £43,000 for placing 2 siblings in 1 adoptive family 3. £60,000 for placing 3 siblings in 1 adoptive family 4. £68,000 for placing 4 siblings in 1 adoptive family 5. £80,000 for placing 5 or more siblings in 1 adoptive family

And then in addition, it appears in 2015 the government began subsidising the inter-agency fee by way of a grant for all children falling into the ‘harder to place’4 category in 8 July 2015.

https://www.gov.uk/guidance/inter-agency-adoption-fee-grant-for-local-authorities#eligibility-for-the-grant
£27,000 for placing 1 child
£43,000 for placing 2 siblings in 1 adoptive family
£60,000 for placing 3 siblings in 1 adoptive family
£68,000 for placing 4 siblings in 1 adoptive family
£80,000 for placing 5 or more siblings in 1 adoptive family
https://www.gov.uk/guidance/inter-agency-adoption-fee-grant-for-local-authorities

For those deemed ‘harder to place children’.

It would appear easy for commercially aware adoption corporations to claim these additional fees, as the government criteria for the harder to adopt catagory could potentially cover most children in care, as these babies/children only need to be ‘suspected of’ a Learning disabilities/difficulties, Special Health Needs, Behaviour problems, Developmental delay, Attachment difficulties Parental learning difficulties Prenatal exposure to alcohol or drugs Parental mental health issue

So if they have vulnerable parents, their learning disability, mental disorder or substance abuse issues would automatically put their children at risk of disability/developmental delay and deemed ‘harder to adopt’ and worth far more money to an adoption agency.

If my reading of the payment as an additional £27,000 is correct, that would mean an adoption agency would be paid a whopping £54,000 for a learning disabled/ abuse user’s baby/child as it would be deemed ‘hard to adopt’.

And it appears this money can be claimed even without an actual adoption, as from voluntary adoption guidance it appears the first third is non refundable, justified by the fact that many adopters do not go on to take another placement and those that do will need to be re-assessed

In addition even the second third is usually non refundable also, but there may be some situations when a placement breaks down during introductions, or at a very early stage where both agencies decide they wish to come to an agreement based on the particular circumstances e.g. short duration of placement, limited travel and staff time involved in a local placement.

Surely this laissez- faire attitude to payment of huge sums of public money is wasteful  and anathema to speedy stable adoptions.

http://www.cvaa.org.uk/the-voluntary-adoption-sector/inter-agency-fees/

A comment in the internet from an adoptive parent from an agency, seems to confirm that it is not necessarily the hard to adopt that are placed with agencies;

‘I just no longer believe the idea that if you are approved by a Voluntary Agency you have to wait ages for a match and then it’s with an older or more complex child. There were profiles of tiny babies sent to us, many of them’.

Plans have been introduced for the development of Regional Adoption Agencies to replace some of the 189 individual local authority and voluntary adoption agencies which will make finding adopters easier yet there appear no plans to decrease inter-agency fees and grants.

In Northern Ireland, an agreement exists between the five Health and Social Care Trusts that a contribution towards the total cost of recruiting and assessing prospective adopters is paid by Trusts where children are placed with prospective adopters approved by other Trusts.

A fee of only £6,000 is paid by the placing Trust for a single child and an additional £2,000 for the first sibling placed at the same time and a further £1,000 for any other siblings placed. In the event that a sibling is subsequently placed with the same adopters, a further fee of £3,000 is charged to the placing Trust.
Despite this fee being less than a quarter of the rest of the UK, the Northern Ireland adoption rates are approximately 4.13% to England’s 5.98%.
(successful adoptions from the care population being 120 adopted from Care population 2016/17 2900 compared with 4350 in England out of a care population of 72,670)
So merely throwing money at adoption appears to increase agency profits but not adoption rates.

And the proof of the pudding is successful outcomes for these children and a decrease in actual abuse but where are these measured ?

It appears even adoption breakdowns when these children are forced to re enter care are not being properly monitored.

See here the statistics for number of forced adoptions their age and sex

https://public.tableau.com/profile/justicewatch#!/vizhome/UKEnglandWalesForcedAdoptionsChildAge/Blatt1

Watch this film taken by a mother breast feeding her baby in her own home at night when 4 PCs arrived demanded entry at common law to do a welfare check of a child to save life and limb and then insisted on removing her baby because they said she had concealed a pregnancy. Terrifying power of the state to remove children/babies for profit

 

Autism Bewareness- UK’s 32 billion a year Cashcows.

This is autism awareness week and the joys of an autism diagnosis are proclaimed with a study of 750,000 people that shows a tenth of the UK might be autistic.

A new Channel 4 documentary asks, ‘Are You Autistic?’: we speak to two of its stars

This Illustrates  autism is definitely not a mental disorder but a difference of behaviour, thinking and sensitivity, and was merely a ‘neurological condition’ until Parliament made it a mental disorder by placing it in the MHA ten years ago to facilitate the sectioning and detainment of autistics in mental hospitals. .

If one in ten of the UK have autistic traits all this shows is that autism is an intrinsic part of a person’s personality and way of viewing the world which can’t be treated and has to be lived with and accepted but can lead to exceptional talents.

https://finolamoss.wordpress.com/2015/05/08/autism-the-betrayal-of-the-different-for-profit/

But why is our establishment hell bent on diagnosing people leading normal lives and insisting, even with the genetic masking nature of an X chromosome, girls are being under diagnosed ?

Because Autism is the UK’s biggest Cashcow eating 32 billion a year of public money and a growth industry.
.
http://www.bbc.co.uk/news/health-27742716

So who does this industry serve and what has been achieved for the autistic by lavishing nearly a third of the total NHS budget on them ?

10 years on from the Autism Act and billions spent, autistics and their families have less than nothing, no rights and no lives.

There is no support for their parents after 18, no schools after 16, no extra time with a GP, no adjustments in hospitals, no equipment in the family homes, no respite, no holidays, few day centres, no support in a crisis other than removal to a mental hospital for years and few professionals trained in autism.

Many autistic die before they reach 40, most are medicated, few live with their family, most are unemployed, most will never be allowed to parent, and few gain any decent educational qualifications, and few are even allowed to make their own decisions.

https://www.independent.co.uk/life-style/health-and-families/health-news/autism-why-do-many-autistic-people-die-before-the-age-of-40-a6937911.html

As I write, over 3,000 and increasing are holed up in mental hospitals miles from family for decades drugged to a stupor, suffering horrific physical and mental side effects.
,
https://www.theguardian.com/commentisfree/2016/mar/17/secure-mental-health-unit-matthew-garnett-autism

As an autistic can earn up to £13,000 a week for venture capital owned private hospitals, so there is no incentive to end their ‘treatment’ and more hospitals are being built with NHS money to cash in on this bonanza, and public NHS are no longer allowed to admit ASD/LD.

https://finolamoss.wordpress.com/2017/07/18/private-mental-hospitals-increase-as-the-cygnet-autism-empire-grows/

The same companies UHS/Acadia that own the hospitals also own the ‘community living’ units the autistic are eventually discharged to and they can then and often are being MHA sectioned back to these UHS hospitals, so a dangerous conflict of interests exists, particularly as services are run for maximum profit.

https://finolamoss.wordpress.com/2017/09/04/universal-health-services-own-cambian-and-cygnet-what-do-we-know-about-them/

Experts are giving evidence in the Court of Protection that autistics can only exist in the present so can’t foresee future risk and therefore automatically fail the MCA capacity test allowing the State removal of their every decision at 18.

Reducing them to a 24/7 institutionally guarded life, torn from family and friends, forcefully medicated, strapped in wheelchairs doomed to years of isolation and physical, emotional and psychological torture to provide the perfect commodities for maximum profit.

The Coalition Government announced a national investment in 2014/15 of £4.5million to deliver the objectives set out in their Autism strategy

http://dera.ioe.ac.uk/26154/2/CBP-7172_Redacted.pdf

But this strategy with its introduction of Education Health and Care Plans under the Children and Families Act 2014, and £ 433 million payment to implement the safeguarding provisions of the Care Act 2014 made matters worse.

Earlier intervention saw ever younger children written off as’ autistic’ medicated, excluded and taught in residential schools paid an average £200,000 per year per pupil and increasingly bought up by the same corporate monopolies- like USA Acadia and UHS, who owned the CAMHS and AMHS provision and mental hospitals, providing a very lucrative pathway ‘care’ from cradle to grave.

These autistic were not taught to traditional GCSE exams but to P- scales , regardless of their actual IQ as their intelligence was judged by their adeptive skills, learning difference and communication problems.

EHC statements included social care allowing autistic families to be monitored by social services making it easy to remove their autistic children to residential schools and enforce medication under care orders.

https://finolamoss.wordpress.com/2015/06/13/harvesting-of-the-disabled-for-profit/

Here are the facts of a case that went to the LG Ombudsman where SWs removed a special needs child from school to foster carers without informing child or family

Fostering is now a multimillion pound private industry and from this case it appears foster carers are not even being monitored and children  put at grave risk in care.

Social Workers Are Still Visiting Schools In Secret – It’s Time To Stop It.

Further The Care Act imposed a duty on LAs to provide Carers and Family Assessments, but not to provide any support, which they do not do after 18, and these assessments can be used as evidence of safeguarding issues in the home to enable court orders to remove to institutions

.https://finolamoss.wordpress.com/2014/11/20/carers-act-2014-care-to-ensnare/

https://finolamoss.wordpress.com/2014/10/14/gathering-evidence-from-social-care/

Here is the sad story of how nearly two million spent on education, CAMHS, Courts, lawyers, CAFCASS, Care agencies. Social Services destroyed my autistic daughter and it is the story of many whose lives are destroyed by the greed of so many working for a system that cynically uses the autistic as a vehicle to transfer public money to private profit.

https://finolamoss.wordpress.com/isabel-from-birth-to-10/

https://finolamoss.wordpress.com/2006-7-camhs-risperidone-care-action/

https://finolamoss.wordpress.com/2015/08/10/2011-2012-issy-in-her-national-autistic-school-48-bruises-impaction/

https://finolamoss.wordpress.com/isabel-returns-home/

And let’s not forget autistic and Downs Syndrome Thomas Rawnsley, whose death and suffering in enforced institutional corporate care ordered by a court in his ‘best interests’, still remains unexplained and unseen.

https://finolamoss.wordpress.com/2018/02/07/thomas-rawnsley-dead-3-years-still-no-answers/

Liberty Safeguards- Executive usurps Court of Protection? Tail wags dog.

Our government’s proposals to rename and extend Deprivation of Liberty Orders with Liberty Protection Safeguards and create Approved Mental Capacity Practitioners will as the government state;

‘ensure that the design of the new system fits with the conditions of the sector, taking into account the future direction of health and social care.’

Shouldn’t the government ensure that  care is fit for purpose and not merely for’the conditions of the sector’ whose overriding motivation is to make profit ?

So government ‘fits the sector’, a for profit one, by allowing it to be autonomous, self regulating and enforce the MCA.

And outsourcing LAs and NHS CCGs are given the power to remove an individual’s legal competency to harvest those from whom corporate profit is made without independent safeguards.

Smashing Art 12 (1) European Convention on Human Rights, Art 5 Right to Liberty, Art 8 Right to Family Life. and Art 6 Right to a Fair Hearing.

So this is the Tory’s shrinking state and social conscience?

https://finolamoss.wordpress.com/2015/12/03/the-convention-on-the-rights-of-persons-with-disabilities-be-their-voice/

With the conflicts of interests of LA and CCGs approving and paying the Mental Capacity Practitioners and commissioning the care providers.

The incomprehensibility and unworkability of the Mental Capacity Act the most draconian and only Act of its kind in the world is legendary.

And now an approved mental capacity assessor is effectively charged with enforcing it.

The MCA barely got through Parliament, even with a large Labour majority and took two years to get through the House of Lords and then was made subject to a review .

And this review was devastating.

The House of Lords Select Committee in March 2014 found
’ the poor implementation of the Act by health professionals, is to some extent, symptomatic of a wider marginalisation of mental health issues’.

The College of Social Work giving evidence that the Act was,

‘ not fully understood by professionals, as an enabling piece of legislation, while families and carers painted a depressing picture of their exclusion from decision making’.
https://finolamoss.wordpress.com/2014/11/18/power-of-state-given-by-mental-capacity-act-05-house-of-lords-select-committee-findings/

Despite this, nothing was done to end the MCA’s illegal implementation, nor involve the family or service user, the executive merely increasing MCA ‘awareness’.

And now it appears handing its implementation to its chosen for profit service providers via their commissioners.

https://finolamoss.wordpress.com/2016/03/15/national-mental-capacity-action-day-an-executive-subversion/

Surely there must be some safeguard/check on such a ginormous thing as the removal of any citizen of England and Wales’s legal competency?

But there isn’t.

Once a person is even suspected of being ‘incapable’, a term ever more diluted to in the Care Act  ‘difficulty making decisions’, he, nor his family can effectively apply to the Court of Protection.

An application for Guardianship is expensive, revocable and need recommendations from those caring for the suspected ‘incapable’ ie GPs , Social workers who will be part of the state private care pathway and MASH.

Powers of Attorney are being voided on the grounds of incapacity and the only representation allowed and funded is via an on message Official Solicitor.

Dols are of a precarious legal nature created in 2009 on the excuse of the incompatibility between English Common law not the MCA with Art 5 of the ECHR (right to liberty) as revealed by HL v UK.

https://finolamoss.wordpress.com/2017/03/18/the-precarious-legal-nature-and-creation-of-deprivation-of-liberty-safeguards/

Dols do not exist under the equivalent Scottish MCA but appear now to have been made the tail that wags the MCA dog, as the numbers of Dols applications soar to 0.5% of the population.

https://finolamoss.wordpress.com/2017/03/10/care-providers-applied-for-deprivation-of-liberty-over-0-45-of-english-citizens-with-a-380-success-increase-since-201314/

A Summary of the Law Commission’s Recommendations

http://www.mentalcapacitylawandpolicy.org.uk/law-commission-deprivation-of-liberty-report-the-government-responds/

5. A new system

DoLS should be replaced with Liberty Protection Safeguards. Liberty Protection Safeguards, authorisations should be in place in advance of any deprivation of liberty and should apply to those aged 16 and above and should be capable of applying in multiple settings.

So 16 to 18 year old in schools, care homes and their own home can now be made subject to huge control.

6. Authorising Liberty Protection Safeguards – Hospital trusts and CCGs should be responsible bodies as well as local authorities;

a capacity assessment, medical assessment and necessary and proportionate assessment should be completed before an Liberty Protection Safeguards assessment is authorised; authorisations are to apply for some people whose capacity fluctuates;

So the use of Dols is extended to those deemed to have ‘fluctuating’ capacity ie the epileptic, diabetic and those under the effects of medication. How does this fit with the MCA need to maximise capacity ?

and a responsible body ( LA/CCGs) should in some circumstances be able to rely on previous capacity and medical assessments.

This is in breach of MCA which states blanket capacity assessment can’t be made, as assessments must be time and decision specific.

7. Independence – Assessments should be independently reviewed and a new Approved Mental Capacity Practitioner role is to be created, and assessments should be referred to them

This new role is likely to be like AMHP  a person will be registered and trained by LA and it is a role not a job so they are most likely to be social workers either agency or employed by LA or nurse practioners employed by NHS so anything but independent as LA/CCGs are outsourcers/commissioners for private hospital/care providers.

if there is an objection to the arrangements or in “harm to others” cases.

‘Harm to others’, is a MHA sectioning requirement not an MCA one, and, it is an additional one for sectioning, not an alternative one,  suggesting MHA will be changed to an alternative requirement making it easier to  MHA section.

8. Renewals – An authorisation should last for up to 12 months, after this a responsible body should be able to renew them for up to another 12 months and then for up to three years.

So the present yearly review of Dols is removed after 2 years.

9. Advocates and Appropriate Persons – An Independent Mental Capacity Advocate should be appointed unless a person does not consent or it is not in their best interests, or if the local authority determines there is an appropriate person to support and represent the individual.

So even an incapacitated’s right to consultation via an IMCA can now removed at the behest of the state.

10. Interaction with the Mental Health Act – Liberty Protection Safeguards should not apply to arrangements in hospital currently authorised by the Mental Health Act and the government should review mental health law in England and Wales with a view to introducing a single scheme to cover non-consensual care for the treatment of both physical and mental disorders when an individual lacks the capacity to consent.
This appears to suggest the incapable will be removed from MHA to MCA for all treatment.

Appears to signal the removal of the need for MHA section, if a person lacks capacity, allowing easier detainment in mental hospitals with no right to refer to a mental tribunal. 

11. Wider Amendments to the Mental Capacity Act – Past and present wishes and feelings should be given greater weight as part of best interests decisions,

these are in any event required  by the MCA, but who checks and enforces this has happened as courts will not interfere in service provision.

the statutory defence under Section 5 of the Mental Capacity Act should not be available for certain important decisions unless written records are kept,  merely enforces documentary evidence not that the decision was reasonably required.

the Mental Capacity Act should be amended to allow emergency deprivations of liberty so liberty can be removed at any time and post factum justified

as long as a written record is provided afterwards and an individual should be able to bring civil proceeding against private care home and hospital providers if there has been an unlawful deprivation of liberty.

Who would have the locus standi to commence civil proceeding not the family only the service user and he has no capacity to litigate at best it could be through an Official Solicitor appointed by the state to sue the state.

Cause of action is practically non existent, as provided care providers/hospitals act reasonably on the balance of probabilities an action will not succeed.

And damages will be nominal, so what independent lawyer would take on such an action on a no win no fee basis and the loser would be ordered to pay huge corporate lawyers bills of both service provider and NHS/LA commission.?

This surely therefore can’t even amount to a sop to accountability.

Our Response
12. We thank the Law Commission for completing a comprehensive report into mental capacity and Deprivation of Liberty Safeguards and we have considered their recommendations carefully.

13. We agree in principle that the current DoLS system should be replaced as a matter of pressing urgency and we have set out our provisional stance regarding each specific recommendation below.

14. We will legislate on this issue in due course. However, before the introduction of any new system, we will need to consider carefully the detail of these proposals carefully and ensure that the design of the new system fits with the conditions of the sector, taking into account the future direction of health and social care.

It is clear from the following passage from the Government’s interim Mental Health Act Review the government intend to assimilate the MHA and MCA which is not good news as the later has been shown to be unworkable

It will be necessary very carefully to consider the interface between the MHA and the MCA more widely. Should MCA concepts of Powers of Attorney, Advance Decisions to Refuse Treatment, and court-appointed Deputies have a role in care governed by the MHA? Should we join up advocacy services provided by both pieces of legislation, possibly with other health advocates, to produce a unified and accredited service? Surely it should be possible to standardise the legal oversight between the Court of Protection and the Mental Health Review Tribunals so that at least issues of detention can be dealt with by the same tribunal. It may also be necessary to consider if and how their jurisdictions could be widened.
There are other areas in which we are also clear, even at this early stage, that change is

The Mental Health Heist .

Two years ago a cross party Mental Taskforce reported on the future policy of our mental health services,

‘There has been a transformation in mental health over the last 50 years. Advances in care, the development of anti-psychotic and mood stabilising drugs’

This report’s recommendations were predictable, as in 2013 NHS bosses had allowed the world’s largest pharmaceutical company’s lobbying company to draft the report shaping our future health policy.

At the time at least 62 Tory MPs had financial connections with pharmaceutical companies by then the UK’s third largest industry .

https://finolamoss.wordpress.com/2014/12/16/mental-health-big-pharma-big-profits-big-danger/

So the maximum amount of ‘customers’ had to be harvested and held captive for as long as possible .

The ‘advances in care’ did not exist as attested  from even the perfunctory inspections of the CQC.

https://finolamoss.wordpress.com/2017/02/14/what-is-happening-in-662600-a-year-mental-hospitals-cqc-reports-2011-2016/

So millions were poured into  building  private mental hospitals and ‘community living schemes’ bought up by private companies like the Priory and Cygnet themselves acquired by USA multinationals in multl million pound deals.

All from public NHS funds.

UK’s health and social care industry was ripe for exploitation.

https://finolamoss.wordpress.com/2016/11/06/us-acadia-group-pay-1-28bn-for-the-priory-group-mental-health-feeds-venture-capital-profit/

More NHS public mental wards were closed .

NHS/LA continuing healthcare and support at home removed.

Any new admissions of autistic and learning disabled were only made to private ATUs.

Priory and Cygnet UHS/Acadia bought up most of community/supported living schemes mental patients might eventually be released to.

NHS Health and Social Care Trusts acted as outsourcers referring to monopoly, multinational services who were then given contracts lasting years from local Clinical Care Commissioning Groups via NHS England.

There need be no competition or tender as Priory/Cygnet were the only ‘specialised providers’.

The Health and Social Care Act 2012 had been drafted to allow such vulturing of the NHS by NHS England.

https://finolamoss.wordpress.com/2017/05/15/nhs-vultured-by-the-health-and-social-care-act-2012-part-1/

The plan was simple, create cash cows for life by a mental ‘disorder’ label.

Treat with antidepressants , anti psychotics and mood enhancers via institution or community treatment orders enforced by MHA section and/or MCA in secret inquisitorial courts and tribunals.

All in breach of patients’ human rights and MHA as, as there was no measure of outcomes they could not be ‘treatment’, or in an incapacitated’s ‘best interests’.

Studies showing adverse effects both physical and mental particularly long term, far out weighed any perceived benefits.

https://finolamoss.wordpress.com/2016/09/19/the-myth-of-the-chemical-cure-and-the-serotonindompamine-imbalance/

So the Mental Health Taskforces ‘transformation’ consisted of labelling, medication and removal to private hospitals, where corporate owners were given no incentive to cure as they then lost their customer.

And with no Medicare Insurance check , the spend was limitless paid out by a supposedly ‘cash strapped’ NHS.

At best a person was taken off section and put on a Community Treatment Order or ,as is increasingly the case, as the infrastructure is now in place , forced to live in community residential.

So from cradle to grave , the deemed ‘mentally disordered’ could produce ever increasing income for private hospitals, pharmaceutical and residential care.

And despite the number of signatures and petitions, inadequate/ damning CQC reports, campaigns , TV exposures, even deaths no one could help these captive consumers.

https://finolamoss.wordpress.com/2017/10/26/the-bipolar-cashcows-release-this-8-year-cygnet-bipolar-inpatient/

The system is honed by self regulation, no investigation of deaths, less Coroners, even narrative verdicts, no jury for DOLs deaths and no legal representation.

And relentless harvesting and pathwaying of customers from police stations, schools, workplaces, universities, GPs and community groups.

With increased legal powers given to the police to remove to a forced MHA ‘assessment’ via s136 MHA.

https://finolamoss.wordpress.com/2017/12/08/s-135-mha-17-removal-for-treatment-private-mentals-ultimate-harvesting-tool/

And ever vaguer justifications for a ‘disorder’ diagnosis, medication and removal – suicide prevention, anxiety, mixed conduct,self neglect or even those at risk .

No regulation or check on assessment , diagnosis or treatment and total reliance on experts employed by companies who profit from their diagnosis.

All backed and enforced by state authority with the NHS and local authorities given millions and legislation in MHA. MCA and Care Act to ‘safeguard’ the public.

https://finolamoss.wordpress.com/2016/05/19/how-will-433-million-carers-act-implementation-money-be-spent/

Coroners issued five formal notices over the past five years, for care failures after deaths of patients in the care of the Priory Group’s hospitals.

US Acadia, bought the Priory Group for 1.28 bn two years ago and now owns nearly half of all mental services in England.

Joey Jacobs its CEO received 8,241,847 dollars in salary, bonus and stock in 2015.

On Monday Dispatches went under cover to reveal NHS ‘treatment’ in a low to medium secure Priory hospital, costing at least £950 per day per patient far more than public NHS.

Despite the extra millions poured into ever longer detainment and transport all over the country to private hospitals, Dispatches in it’s advertising of its programme maintained the lack of funds NHS lie stating dramatically,

‘In the grip of a funding crisis and with the number of mental beds plummeting the NHS is placing thousands of patients in private hospitals’.

http://www.bradfordzone.co.uk/undercover-inside-the-priory-channel-4-dispatches-channel-4-19-february-800pm/

 

Thomas Rawnsley dead 3 years. Still no answers.

Sunday was the third adversary of Thomas’s death.

He was a fit 20 year old, born with Downs Syndrome , later labelled autistic..

Thomas’s abuse and death is a testament  of our society, morality and humanity.

His mother was not allowed to stay with him during his last night on earth.

Her access had been prescribed since he was 17.

She was not even allowed to be alone with him when they switched off his life support machine. No private rooms were available.

The only ‘kindness’ shown was an attempt to obtain his body parts.

https://finolamoss.wordpress.com/2016/06/02/thomas-rawnsleys-death-the-final-inhumanity/

Working full time, Paula was to bitterly regret her cry for help with a teenage Thomas.

Unknown to her, a yellow star was already next to Thomas’s name – Downs and autistic.

His fate was sealed.

Social workers came in, assessed, and were over critical of his behaviour – he had pulled down a curtain .

CAMHS got involved and he was medicated with halopidol and respiridol, an overdose made him fit.

Fluoxetine was added making him fly into hypnotic rages from which he recovered with terrible remorse., unaware of his actions.

As with all autistic and learning disabled, Thomas’s only support was his ‘ independence’ from his family.

So at 17, he was removed from his Mum, Dad and sisters to his own 24/7, 24 hour carer attended bungalow owned by Homeleigh Ltd, now bought by Cambian, complex .

But his ‘independence’ did not even afford him freedom from abuse.

For 6 months, a 4ft 10 inch Thomas was kicked by a large 54 year old experienced worker, into his bedroom , his fingers bent back with the words ‘lets see how many I can break this time ‘.

This was two years after Winterbourne View aired.

The Recorder said, ‘We have to respect those who care for our young disadvantaged’ .

https://finolamoss.wordpress.com/2016/01/18/thomas-rawnsley-2012-13-bullied-and-assaulted-in-independent-living/

Thomas was then removed from Homeleigh to an Adult Treatment Unit for more medication, as workers said he distrusted them.

Paula gave her job up to care for Thomas but couldn’t get him back.

As Thomas was worth too much – over £6,000 a week to ‘independent’/’community living’ as under 25, paid by LA. NHS and D of E.

And £9,000 a week to a mental hospital.

Thomas was the first inhabitant in his new ‘home’ Kingdom House in Sheffield, opened a month earlier, it had not yet been inspected by CQC, and was still half empty when he died .

My own daughter was to be taken there, the very day Thomas died, after stabilisation in a holding bay.

A care worker remarked to me, ‘They are rounding them up and making pin cushions out of them.’ 

But Thomas would not be beaten into submission, his spirit was indomitable, and he died.

The Coroner postponed his inquest in July 2016, to allow an investigation by NHS England .

This investigation would determine the remit and evidence of any subsequent inquest.

Already Paula had had to crowd fund to pay for a lawyer and toxicology reports.

NHS England commissioned Thomas’s Cambian ‘Care’ via Sheffield Clinical Care Commissioning Group from Sheffield Health and Social Care Foundation Trust, a private company since 2015.

So NHS England would be liable if it found Cambian caused , or contributed to Thomas death.

Although the tax payer Paula would pay the bill.

Below is a reminder of Thomas’s fate in pictures taken by Paula.

Think of the many not photographed , as deaths under MCA DOLs and MHA soar.

With just 1% even internally investigated and even less  inquests will be held when Medical Examiners are appointed in April.

https://finolamoss.wordpress.com/2018/01/21/the-natural-causes-cover-up/

With no juries or legal aid available at inquests for those, like Thomas ,dying under a Mental Capacity Act Deprivation of Liberty Safeguards .

Paula’s words posted before Christmas,

‘This time of year isn’t just hard because my son isn’t here to spend it with(although that’s hard enough on its own). Its the memories of a child’s suffering(my child)of him crying for me and begging for help, its memories of him telling me people are hurting him, of people dismissing us when we were screaming out!! ‘

 

 

 

The ‘Natural Causes’ Cover Up

Nearly half of learning disabled including autistic deaths are avoidable.

And a three year old Department of Health ‘Progress’ Report revealed 3 a day die needlessly .

http://enablemagazine.co.uk/mencap-dismayed-by-lack-of-progress-to-stop-avoidable-deaths-of-people-with-a-learning-disability/

Media blame these deaths on a lack of government funding .

But more money will only increase the profits of their private Corporate ‘carers’.

As ‘ cuts’ have been used to force the LD/ASD into for profit residential/hospital care/treatment paid up to £13,000 a week

But in this greedy corporate world, physical illnesses are not being treated.

The ASD/LD use behavioural challenges to show pain and physical discomfort.

‘ the man with Down’s syndrome refusing to leave the house, who turned out to have had a heart attack; the woman refusing to eat, who had bronchial pneumonia; the boy with autism severely self-harming, who had a burst appendix.’

Dr Sally Cheseldine Clinical Psychologist NHS.

But these signs are not being picked up on by ‘community living’ and hospital providers, who, in any event, do not have the facilities to treat them, and nor does the bankrupt NHS .

So many mentally disabled die long, lingering deaths, without pain relief, and their worsening behaviour is blamed on their disorder, and their medication increased.

In addition, we have many dying from the horrific side effects of medication and poly pharmacy.

These many deaths are then signed off as from ‘natural causes’.

Remaining hidden for ever.

LD/ASD are held under MCA, Deprivation of Liberty Safeguards if in ‘community living’ and increasingly even in mental hospitals.

Deaths under DOLs have tripled, with a 56% increase last year alone.

https://skwawkbox.org/2018/01/13/deprivation-of-liberty-deaths-soar-by-56-in-a-single-year/

Yet despite this shocking increase, which ought to require increased investigation of deaths, laws last year removed the right to an enhanced Coroners Inquest with a jury for those dying in ‘state detention’ from those who die under a DOL.

A medical practioner certifies the cause of death for death certificate purposes and only refers a death to a Coroner if he is unsure of its cause, or the circumstances of it are suspicious.

Worryingly, there are huge differences in GPs referral rates to Coroners throughout England and Wales as they range from 24% to 96%.

https://www.theguardian.com/society/2015/dec/21/failure-to-investigate-deaths-of-vulnerable-patients

In 2015 out of 529,613 deaths , 236,406 were referred to Coroners , but Inquests were only held in respect to 32,857.

So more than 85% of deaths referred to Coroners, were sent by the Coroners, with or without a post-mortem examination, for registration as deaths from natural causes, without any formal coroner investigation and inquest.

But Coroners have not been required to have any medical training since 2013, only five years’ legal qualification and practice.

In the Chief Coroner’s response to a Department of Health Consultation on the introduction of the new Medical Examiner role, the Chief Coroner suggested these figures show, that too many deaths were unnecessarily sent to Coroners .

‘It is therefore believed that the availability of MEs ( Medical Examiners ) to advise doctors on the cause of death should reduce the number of cases which are referred to coroners unnecessarily.’

https://www.judiciary.gov.uk/wp-content/uploads/2016/06/chief-coroner-cp-resonse-medical-examiners.pdf

Medical Examiners are to be introduced in April, and it appears their role may further curtail investigations by Coroners , the only external, and often the only investigation into a LD/ASD deaths.

As it was revealed by the hard fought for investigation into Connor Sparrowhawk’s death, SLOVEN  investigated 1% of its LD deaths and it was not an outlier in comparison to other NHS Trusts.

So it appears only 1% of LD/ASD deaths in NHS care are even internally investigated.

Connor’s death was initially certified as from natural causes, when he had an epileptic fit in his bath, despite his NHS carers knowing he had epilepsy allowing him to lie in a bath alone for hours in a locked bathroom.

https://finolamoss.wordpress.com/2015/10/19/effect-of-the-connor-sparrowhawk-verdict-and-puplic-accountability/

But an inquest with a jury found neglect had contributed to Connor’s death.

Such a jury would not be available had Connor been held under the MCA, nor even an inquest had his family not campaigned.

Autistic Stephanie Bincliffe died of natural causes in her sleep at 25, 25 stone, in a private mental hospital under  MHA section . She was kept in a windowless cell for 7 years, fed through a hatch for £12,000 NHS money a week.

The coroner stated her over medication, and ‘care’, did not contribute to her suffocating in her sleep, despite her overmedication, diet and huge weight gain.

All Stephanie wanted was to go home to her family.

http://www.bbc.co.uk/news/av/uk-england-30178920/hospital-death-ruling-my-daughter-wanted-to-come-home

Previously fit Thomas Rawnsley, was certified as dying from natural causes and Downs Syndrome at 20, despite years of abuse, over medication, and parents only two weeks before warning authorities that the service provider’s treatment would kill their son.

https://finolamoss.wordpress.com/2016/04/21/natural-causes/

Jonathan Malia a keen rugby player, and fitness fanatic , died of natural causes at 24, after 11 forced Olanzapine injections in 10 days, as an originally a voluntary inpatient in a Cygnet hospital.

https://finolamoss.wordpress.com/2016/12/01/24-year-old-dies-in-cygnet-after-11-forced-olanzapine-injections-in-10-days/

Kristian Thompson, a fit healthy 19 year old talented cricket player was found unconscious in a shower after being injected with clozaphine. in St Andrews Hospital, Northampton, where he later died.

An open verdict was quashed by a high profile campaign, because epilepsy should not have been considered as a cause of death, as Kristian was not an epileptic.

https://finolamoss.wordpress.com/2015/08/21/a-fifth-death-in-st-andrews-hospital-and-an-inquest-finding-quashed/

Two months before Kristian’s death, 4 patients in an 8 bedded ward in the same hospital, also on clozapine, had died within 8 months of constipation, a known side effect of clozapine and all were certified as dying of natural causes.

At the time, the NHS was paying on average £10,000 a week tax free for their ‘treatment’.

https://finolamoss.wordpress.com/2015/08/19/deaths-at-st-andrews-mental-hospital-northampton/