Illegal MCA and Capacity Tests, and Lucrative Vegetables.

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The Mental Capacity Act was drafted to protect and empower.

Instead, it is illegally being used to remove all the rights of the deemed ‘incapable’.

To obtain a capacity order, all a Legal Authority needs is a box ticked by anyone, normally a GP,  that they ‘suspect’ a person, incapable.

Effectively, in their opinion, unable to retain information.

So beware of the Alzheimer tests, GPs are now paid, to provide.

Yet, if a person is autistic,  the assessor likely to be GP and/or social worker will only have physically examined, or seen the autistic, have no knowledge of autism and have based their opinion on a  discriminatory  view, of the autistic’s appearance and condition, such an assessment illegal under the MCA.

So much for the National Autistic campaigns and expensive education.

To say nothing, of all our high flown rhetoric, on diversity and equality.

The Court of Protection, on the basis of this perfunctory over sight, will then issue a  48 MCA capacity order without sight of the autistic, or information from those, he has lived with all his life.

This order will be enforced on an interim basis on threat of removal of the alleged incapable despite this being illegal under the MCA, which only has jurisdiction, if a person is incapacitated.

A psychiatrist, or more likely a psychologist,titles matter, will perform another standard tick box test, family might be consulted, but will not take part in the decision making process, despite assisting, and witnessing their child make such decisions, all their life.

Unlike his family, the ‘experts’, will not have seen, the soon to be incapacitated, before the assessment day, and, will know little of the autistic mind, or even, autism.

Actions of the autistic in the past, that show ability to want, and be able, to make decisions, like living at home, will be ignored.

We have no statistics, of how many, if any, manage to pass the test.

Assessors,are paid, chosen, and remitted by the Local Authority, who now, only provide adult services for those in, or destined for, independent living, where the maximum profit can be made, from them.

A clear conflict of interests.

If the LA fail to find an assessor, the official solicitor will then find one, and deem it even more credible, as independent.

Once tick boxed, ‘incapable’.

You’re loving, full of personality and fun son, daughter or granny, becomes a non-person.

A vegetable.

Non sentient.

Incapable, in law, of even being aware of what is happening to them.

Incapable of remembering, anything.

The perfect victim.

But capable of making millions for their encaging private corporations.

Lady Hale, chillingly alluded to this, when she said, just because a person cannot appreciate, they are living in a cupboard, does not mean, it is not a deprivation of liberty.

But can a court remove all a disabled persons rights?

Yes.

Is this, not the worst form, of disability discrimination?

Yes.

Is it not in breach of the person’s Magna Carta right not to lose his liberty except by trial by his peers?

Yes.

The Committee on the Rights of Persons with Disabilities Art 12 provides, that states party to it, UK is, should replace legislation that provides for substitute decision-making for incapacitated adults based on, ‘what is believed to be in the objective ‘best interests’ of the person concerned, as opposed to being based, on the person’s own will, and preference.

The government has so far done nothing, to repeal the MCA, but, the Court of Appeal has endorsed the Article, as having persuasive authority, as an aid to interpretation of it.

A study of the implementation of article 12 on the decisions of the learning disabled which usually includes the autistic shows it is not being implemented in UK in health or care settings.

Instead, substitute decision making takes http://www.publichealthreviews.eu/upload/pdf_files/12/00_Werner_S.pdf place.

http://www.publichealthreviews.eu/upload/pdf_files/12/00_Werner_S.pdf place.

And even without considering  Article 12, particular weight, must be placed, upon the incapacitated wishes and feelings, in determining where their best interests may lie, Peter Jackson J  Re M (Best Interests: deprivation of liberty order [2013] EWHC 3456 (COP).

So why is it happening to millions?

Profit.

OLYMPUS DIGITAL CAMERA Is this the photo of a vegetable ? Does she look non sentient?

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3 Comments

  1. Oh dear. I was hoping you weren’t going to say that, but it is true, Social workers are around today, will ring you later if you are in.

    It is living a nightmare, where you know there is no peace, and it goes on forever.

    The rule of law is gone, so we are all powerless, that is the them, unless the us, let us join, that’s what they mean by totalitarianism ,we now have no freedom,, and can be oppressed by an unaccountable state, that does what it likes with impunity.

    Will ring you later to day or tomorrow, depending on what breaks out,

    Am disinfecting everything not that it matters, and poor Issy is thankfully happy, and as yet oblivious , but will be upset by the appearance of two more social workers yet again in the kitchen, and her bedroom,, and we will have to pick up the pieces, what a poor love.

    They know nothing of Issy or autism, and do not want, or need to.

    Hope you are keeping well despite everything, I know its very difficult, and really good to hear from you.

    Best Wishes Finola

    Reply

  2. I had a bad day yesterday with people upsetting Martin, so didn’t get back to you. How did it go with the dreaded SS? It must bethe same with Issy as with Martin everytime I try to do something to help him it is turned round by the SS and they try to make me feel guilty. At the first hearing at the CoP in 2006 (not the CoP then but inherent jurisdiction – thats a terrifying one) the judge accepted 148 pages of what SS said I had done wrong, and lo and behold there I am in Court being treated far worse than any criminal – you know how the story goes. Love to Issy. e mail sbuckley690@bt.internet.com. I waswrong when I said it was part of my details sorry

    Reply

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