The Disappeared Disabled – the shocking facts.

The Francis report, identified systemic, organisational, and individual failings contributed to “the normalisation of cruelty” in the care in Mid Staffordshire NHS Foundation Trust.

The 2012/13 Annual Report by Healthwatch England showed 94% of the public agreed that the NHS and social services, could be improved.

1 in 3 of public surveyed, knew someone, who they believed, had experienced a serious mistake, abuse, or a preventable illness or death in a health or social care service.

All local authorities have now combined with the NHS to form Health and Social Care Trusts.

Last year a report revealed 3 learning disabled a day, died needlessly in NHS care

But these statistics can only be based on deaths that are investigated.

And SLOVEN NHS revealed  it only investigated ONE in every 100 learning disabled deaths.

Which they justified as follows:

“National data on mortality rates confirms that the Trust is not an outlier. We believe that Southern Health’s rate of investigations into deaths is in line with that of similar NHS organisations.”

That makes a possible new estimation of 300 learning disabled, dying needlessly per day.

Note, ‘learning disabled’, does not mean you have a physical ill health and these deaths are during  mental health treatment.

Most learning disabled are treated with antidepressants, and antipsychotics,  yet do not have a mental illness.

Yet, a diagnosis of a mental disorder, on a perfunctory symptom basis, is continually sought  see http://www.homecare.co.uk/news/article.cfm/id/1574379/nice-new-guidance-people-learning-disabilities

It would appear, that spending huge amounts of money without any accountability, does not improve mental health services.

As see the billions spent by the NHS in the past 5 years.http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2015-06-11/2174/

NB The present government policy, is to move mental health services from NHS public trusts, to local Health and Social care Trusts, where all services are provided by private  companies using public NHS money.

Large private monopoly corporations like Care UK, Cambian/ Lifeways  etc, providing, both residential care, and, health care, owning their own ‘specialist’ hospitals.

Private Companies do not need to comply with Freedom of Information Requests and therefore we will not even be able to find out the number of deaths in private mental health care.

INQUEST charity, failed to find out the number of children and adolescent’s dying in mental health institutions,  and see here, concluded there is no central record of deaths.

http://www.inquest.org.uk/media/pr/number-of-hild-in-patient-mental-health-deaths-not-known

So not only does cruelty and over medication go unchecked, but deaths are unknown and not investigated.

And once a mental patient reaches 18, neither he nor his family, have any rights and their only possible advocacy is through the state, that provides the services.

St Andrews Northampton Private Hospital, as private it  not subject to FOIA Notices.

Lenore Care has just started to build a 40million pound village on cheap land in South Shields to house 40 autistic adults, it already has a similar for learning disabled.

http://www.disabilitynewsservice.com/alarm-over-huge-new-care-village-for-autistic-adults/

These providers are now being bought up by USA equity, who foresee the huge potential for profit http://www.healthinvestor.co.uk/ShowArticle.aspx?ID=4059&search=PiC

Deaths, in such private provision, do not appear, to be subject to  any independent scrutiny, and there is no duty to investigate them.  deaths.https://finolamoss.wordpress.com/2015/08/25/how-many-deaths-in-st-andrews-northampton-who-is-accountable/

From April 2017 those held under a DOLs authorisation under the MCA are not entitled as they were, to a Jury in their Inquests, as no longer deemed in ‘state detention’ under a DOL.

http://www.mentalcapacitylawandpolicy.org.uk/new-chief-coroners-guidance-on-dols/

Read latest Health and Social Care   statistics here with interesting blog showing 700,000 learning disabled appear to have disappeared.http://chrishatton.blogspot.co.uk/2015/11/the-disappeared.html?spref=tw

The Care Quality Commission, is the only regulator of health and social care services, and even Parliament  reports it is ineffective.

http://www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/news-parliament-2015/care-quality-commission-report-published-15-16/

It failed to respond to the concerns raised by the whistle-blower at Winterbourne View Hospital in 2010.

Most inspections are on paper and announced.

And, it does not consider individual complaints.

Charities, legal practitioners, advocacy groups and the Mental Health Foundation report ‘professionals assume incapacity because of a mental illness, deafness, appearance, age”

The Mental Health Foundation, concluded that people were being found to lack capacity “for reasons which the Mental Capacity Act does not allow, i.e. a blanket assumption based upon diagnosis or an unwise decision”.

The danger/use of removal of ‘capacity’ under The Mental Capacity Act 2005.

Parent carers report, the assumption seems to be, that if a person has learning disabilities, then they don’t have capacity to make their own decisions”.
http://www.publications.parliament.uk/pa/ld201314/ldselect/ldmentalcap/139/13907.htm

This is illegal under the MCA, Autism Act 2009, Equality Act, and Article 12 EU Rights of the Disabled Directive.

A finding of ‘incapacity’, allows removal of liberty by the Court of Protection to and in private providers specialist hospitals, and residential care.

Every decision of the ‘incapable’, is then made by this placement provider, who owes its overriding duty to efficiency, and, corporate profit.

The average cost of a placement is £3,500 per week. Specialist hospital care averages £4,500 but can be more.

A parent carer, receives £90 per week, and the disabled £105, of which £77 is deducted for any support.

The Carers Act 2014 does not impose a duty on LAs to provide support to carers, and this support is exceptional.

The Chronically Sick and Disabled Act 1970 provides up to £240,000 per annum for the medical care, support and education of the disabled.

Local Authority Adult Services policy for autistic/ LD/ disabled, is only away from home living for life, private profit residential provision.

The providers are large venture capitalists, and, Canadian Pension Funds, like Lifeways and Cambian, Dimensions, and charities like National Autistic Society, and SCOPE.

Some also own,  their  own income generating adult’s medical treatment, through their own medical practioners, psychiatrists, and Adult Treatment Units.

‘Care’ is overseen by local Health and Social Care Trusts, but they also commission the care, and professions work for the care providers.

‘Best Interests’ is decided, in secret under the Mental Capacity Act, and enforced by the Court of Protection.

There is no central check, on amount, or type of enforced medication used by these private for profit providers.

There are no external, or independent investigations into abuse, or, death in their care.

http://www.no5.com/news-and-publications/publications/351-inquests-and-deprivation-of-liberty/

Members of the Boards of Supported Living Providers, sit on Local Safeguarding Authority Boards.

The only oversight of the extremely vulnerable residents’ welfare, is by an adult social services manager, whose LA employer, commissioned the private care provider, and, is liable for it.

As these residents have communication difficulties, and, are deemed by law ‘incapable’,  their views are ignored.

And, they have no rights under the MCA.

Independent Mental Capacity Advocates, merely consult with the incapable.

An IMCA, has no right to take part in any decision making.

They are there merely to support and inform the ‘incapable’ in the decision making process.

A  paid stranger usurps the parents/family of the disabled.

Once it has been decided supported living, is in an incapacitated’s ‘best interests’, his care for life, is decided by his corporate provider, without oversight of the Court of Protection.

The Human Rights Group Liberty, expressed concern about the very wide range of decisions which could be made under the Act, combined with a “worrying lack of oversight”.

Families have no rights.

And, are generally not allowed to represent their loved ones in court.

Nor are appointed deputies for them.

And, if donees of a Lasting Power of Attorney, this is invalidated by incapacity.

If family complain about service provision, their access to their loved ones is stopped, or limited.

They can only make a complaint to the service provider which is dealt with internally, or the Local Authority Provider, which has authorised, commissioned and implemented the care provision.

Parents cannot make any decisions about their adult child’s care, or treatment, or, even as to whether is life support machine is switched off.

They have no right to their child’s funeral, or, body.

Under Mental Capacity Act Regulations, all body parts and tissue can be used as the state requires.

The number of disabled deemed incapable, and detained for life, in private supported living under the Mental Capacity Act, or, sectioned indeterminably under the Mental Health Act, is not recorded.

This figure is likely to be well over a million in England.

Hundreds of thousands of very vulnerable people, lose their liberty each year, and, this is increasing.

See the latest statistics for learning disabled autistic inpatients http://chrishatton.blogspot.co.uk/2015/11/impatient-inpatient.html

The Magna Carta stated a citizen’s freedom can only be removed by trial by his peers.

But, theirs is lost in secret, in the Court of Protection, and, by privately employed experts in secret tribunals under the Mental Health Act.

If you think this is wrong, then forward this post to your MP, and ask him to raise these matters in Parliament.

Before, you, or,  your loved one disappears to make corporate profit.

A Life without Choice , let alone, ‘Independence’

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The Law on Capacity

The Mental Capacity Act 2005, purported to empower.

The Act, presumes, everyone,  is capable of making a particular decision, until, there is evidence, on the balance of probabilities, by a prescribed assessment,  that, they are not.

As a capacity assessment,  removes a person’s fundamental freedom to  choose.

It should only be undertaken, if ‘incapacity’ is suspected.

And, must only be  of  a person’s ability, to  make a specific decision, at the time that decision needs to be made,  in his best interest.

This assessment,  or, suspicion of incapacity, must not be based, on a person’s mental condition and/or presentation.

Further, the Act’s overarching principle provides;

A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success’

S1(3), and, see also s3(2) MCA.

This requires, as much as possible , to be done,  to maximise a person’s capacity to make the particular decision.

And, to avoid Article 12 EU illegality, ‘substitute decision making’, a joint decision, should be attempted before capacity is assessed.

Assessments, should take place, in a familiar place, and, be by a familiar person.

With the assesse, in optimum physical, and emotional health.

Unless in an emergency situation.

An assessment , can only, relate to a person’s capacity, at any particular time.

Capacity to make, a decision, can be regained.

The Mental Capacity Act, is the only Act, as far as I am aware, that allows, the state, to remove a person’s autonomy.

Prior to 2007, the High Court had such power, but, only if, necessary, in a person’s best interest, and, it was used, exceptionally.

Decisions of the autistic, and vulnerable, were generally made by them, with the help, and, protection of their family.

The Reality Since 2007

As early as year 9, parents, will be introduced to a person from ‘Transitions’, at their child’s SEN review.

This person’s function, will not be explained, other than,  autistics/ learning disabled,  find ‘transition’ to adulthood difficult, and, they are there to help.

At 16, your child’s full time school, is no longer funded.

Despite SEN ‘Education’ funding continuing until 25.

Instead, independent living, and employability skills are taught, and, a base building provided.

Most children attending a special school, will automatically, be deemed ‘incapable’, of making  decisions, as to their welfare,  and, finances, by social workers, and GPs  .

As these assessments, are neither time, nor decision specific, and, usually based on their  conditions of autism, and/ or, presentation,  they are illegal.

Even if, a formal capacity test, is undertaken, it appears, it need not be completed, as required by the Act, as the standard Local Authority Assessment Form provides;

The assessment should end if the person is unable to progress through the functional test. For example if a person cannot understand the decision they will not be able to retain it, weigh it in the balance or meaningfully communicate a decision’.

https://finolamoss.wordpress.com/2015/03/03/standard-capacity-assessments-stephen-hawking-would-fail-without-his-box/

All that needs to happen, is a person be asked ,  do  you know why, you need your medication, or, do you know why you need to pay your disability allowance into your own bank account.

And, show no understanding, and, their reaction noted.

So, effectively, once a person has, an’ impairment of mind’, which the Act makes non- exhaustive, and extensive,Unless, they are a good communicators, with knowledge of modern procedures, and medicines, they are doomed.

It must also be considered, how many non- SEN teenagers, would be able to answer  such questions.

As this standard LA test, is neither time, nor decision  specific, needed, and, can only, if abandoned so early, be based on a person’s condition, and/or presentation, it  is illegal under the Act.

Protection of your child’s ‘rights’,will be tick boxed, by the appointment of his own Independent Mental Capacity Advocate.

Whose only function, is to  explain what is happening to him, and his rights.

Quite what these rights are, is unknown, as the incapable, do not appear to have any under the Act, other than, to consultation.

And, your child’s ‘Advocate’, despite his name, cannot take part, in the decision making process.

At 17, you will be consulted about your child’s, away from home for life placement, but, at 18, it is ‘inappropriate’ for you to make decisions for him, and, you have no right to do so.

https://finolamoss.wordpress.com/2015/07/07/autistic-parents-have-no-rights-and-the-private-corporate-parent-is-unaccountable/

As your child, lacks the capacity, to make his own  decisions, adult social services, will  make them, and, decide what placement is, in his ‘ best interests ‘.

If  you object, to your child living ‘independently’, or, are unhappy with the chosen placement, the LA will make an application to the Court of Protection,  as your child is ‘incapable’ of choosing where he lives.

If you insist he is capable, and wants to live at home,  the court, will declare, your child ‘incapable’ of all decisions, past, present and future,  and, that it is, in his  best interests, to live in whatever placement, the LA provide.

All his future decisions, will then be dictated by his Care Plan.

Even down to how many baths he has, when he takes them, and, how he is cleaned.

Subject to reviews, this will be, for the rest of his life.

This is his ‘independence’, and, empowerment.

The need for a Deprivation of Liberty Order each time a person is locked in his room or supported living facility is not required by the MCA.

So, despite the Magna Carta, Human Rights Act, Equality Act, Disability Discrimination Act and United Nations Convention, millions, now, and in the future, will be encaged without due process.

A Horrifying Abuse Scandal

And, Supported/independent living, is now, the only policy, and support provided by Social Services.

The House of Lords Select Committee on Mental Capacity Act 05  report

Extract from Hansard on no monitoring of substitute decision making by care provision.

98.  There were also concerns that a decision-maker could assume too much power, and sometimes on the basis of questionable legal authority.

Sheffield Safeguarding Adults Board pointed out that

once a person has been deemed to lack capacity to make a decision they become vulnerable to the opinion of the decision-maker and when those decisions are not reflective of their best interests it often leaves them powerless to challenge“.[157]

This was echoed by other witnesses, who expressed concern over the use of the ‘general defence’—the term often used to describe sections 5 and 6 of the Act (Acts in connection with care or treatment and Section 5 Acts: limitations)—which provides protection from liability for carers and others to carry out acts in relation to a person who lacks capacity.

The pre-legislative scrutiny committee foresaw problems with these sections, which were at the time entitled ‘the general authority’.

They worried that it would wrongly give the “impression that the general authority would be assumed by a single individual who would then take all decisions on behalf of an incapacitated individual”.[158]

In response, the Government removed the term ‘general authority’ from the Bill, but concerns have persisted since implementation.

Professor Phil Fennell and Dr Lucy Series described the general defence as providing “tremendous discretionary power” which was “not subject to any routine monitoring”.[159]

Liberty expressed concern about the very wide range of decisions which could be made under these sections, combined with a “worrying lack of oversight”.

And these decisions, are being made on a business efficiency model, in secret, by large private monopoly care/ supported living provision, with no oversight by the courts, only the Adult Services Managers,  employed by the LA, who commissioned the service, and, would therefore, be liable for its inadequacy, so a huge conflict of interests.http://ukhumanrightsblog.com/2011/11/17/severely-disabled-mans-care-plan-is-not-a-deprivation-of-liberty-says-court-of-appeal/