The Disappeared Disabled/Mental – the shocking facts.

The Francis report stated that systemic, organisational and individual failings contributed to “the normalisation of cruelty” 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 could be dying needlessly per day.

Note, ‘learning disabled’, does not mean you have a physical ill health.

So why are so many autistic /LD dying ?

Because their illnesses are not being treated, as it costs too much and as we know they are difficult to treat on normal wards and NHS is bursting already with ‘normal’ patients.

And they are being over medicated with drugs that have huge unrecognised physical side effects..

Due to a huge political push in the last 10 years the LD/ASD  are now  diagnosed with mental/behavioural disorders, on a perfunctory symptom basis, either due to their autism/LD per se or way they are ‘managed’

http://www.homecare.co.uk/news/article.cfm/id/1574379/nice-new-guidance-people-learning-disabilities

Spending huge amounts of money without accountability, does not improve mental health services.

The billions spent by the NHS in the past 5 years didn’t, with no  improvement in outcomes, in fact these are getting as more money is ploughed in increasing private venture capital profits.

years.http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2015-06-11/2174/

Mental health services  have been moved from NHS public trusts, to local Health and Social care Trusts, where  services are provided by private  companies using public NHS money.

Large private monopoly corporations like Acadia, Cygnet, Care UK, Cambian/ Lifeways  etc, providing, both residential care, and health care as they are building more ‘specialist’ hospitals.

These private Companies don’t need to comply with Freedom of Information Requests so we are unable to find out about their services and how they spend our public money.

Even death numbers are difficult to obtain let alone investigate.

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.

They are being removed under the Nearest Relative provision under the MHA and replaced by a Social Worker employed by those who with the CCG commission the mental service.

CAMHS, Cygnet , Acadia  as private are 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/

Cygnet goes from strength to strength as it receives millions from the government to build more hospitals and create mental health pathways.

Mental Health is now 70% owned by US Multinationals Cygnet is owned by UHS, and Acadia, backed by venture capitalists.

As private  equity can foresee the huge potential for profit as completely backed by our governments past and present. The Head of NHS England was an executive of United Health Services for 8 years after advising Blair on public services investment.

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 people held under a DOLs authorisations under the MCA which have doubled , are no longer entitled to a Jury if they manage to get an  Inquest into thei death as this have been excluded from being  ‘state detention’.

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 did not help Thomas Rawnsley when he died at 20 is a Cambian home despite warning from his mother.

And the CQC 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.

Family cannot represent their loved on in the Court of Protection this is done by an Official Solicitor chosen by the state.

Nor do they have an right even to take part in the state decision making process as to where their loved one lives or is treated.

In fact they can and are being excluded from even visits to their loved ones under an MCA ‘best interests’ decision by the for profit service provider..

The average cost of a placement is £4,500 + per week.

‘Specialist’ mental hospitals  charge NHS £900 per day minimum and £13,000 a week on a secure ward..

A parent carer now receives £62.50 per week reduced from £90, and the DLA of  £105 reduced from £125 and £77 is deducted if any support is provided.

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 it and mental heath practioners work for those they commission so it is a cabal with no independent players.

‘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.

Advertisements

9 Comments

  1. Do you think my MP is going to help me – he wont touch me with a barge pole, because I DO have capacity, and refers me to Martin’s MP in Cardiff, who wont touch it with a barge pole because Martin doesn’t have capacity. There is only one way – the European Court and the United Nations – the UK has passed an Act that is not fit for purpose, and therefore discriminated against anyone who comes under this Act, and also against their families. I am ready and willing to do this but I need help, Sara Ryan with all the help she has is still fighting a huge battle – I would need a thousand times more help than she has. This is the biggest scam of the century – it puts the bank scandal in the shade

    Reply

    1. Yes it is desperate.

      And beyond scandal.

      But a plea must be made to anyone, who can help, by the only people, who have a voice, even if that voice is forced to cry in the wilderness for too long.

      One of the biggest problems, is that the media are controlled, and used as government puppets.

      Hope you and Martin, are as well as you can be, under the circumstances.

      Reply

  2. Irwin Mitchell your twitter. Yogi Amin of Irwin Mitchell represented Martin in the Court of Protection through the Official Solicitor as Martin’s litigation friend. The judgments are in thenpblic domain – Mr Justice Charles states the OS’s case is a “shambles” What my views are are not publishable!!!!! The ***********

    Reply

    1. Thank you Shirley.

      Sadly ,legal services are now huge corporate, owe their overriding duty to profit monopolies.

      Where duty to their clients, and the court, and independence comes into all this, is anyone’s guess ???

      Thank you for your comment, and hope you and Martin, are as well as you can be under the circumstances.

      Best Wishes, Finola

      Reply

  3. Yes. What the bankers have done to ordinary people really is not as bad as the care industry who profit from the most vulnerable of all.

    Most owners of care homes and managers in the care industry are well paid and well looked after, compared to the vulnerable who bring in their money – but are not well looked after – the quarterly spending records should be looked at, just as families send them in – as I did for years.

    I know some parents who themselves have children with disabilities but have gone into business setting up care homes to make money from others’ vulnerable children – but they are probably few in number.

    We need to bring this spending of public money into the public eye, as more people are needing care, and now it’s not a subject that no one can identify with, more and more are affected every day. Today it could be anyone who finds their relative going into a care home, or anyone who becomes a full-time carer.

    We want outcomes based care – for all of that public money, is the person doing well? What is not being done with £3-4-5000 a week, that was being done by families for £200 a week?

    We can get evidence from families, as well as care providers, that money is being spent usefully on the vulnerable. We families accept transparency.

    Reply

    1. Thank you for your comment, it is much appreciated.

      I think the fundamental point, is the lack of power parents, or, children, or indeed the vulnerable have over their lives.

      Any autonomy has been removed by the state.

      Parents, at 18, have no rights over their disabled/vulnerable children, nor children over their aging parents, or the vulnerable/old over their own life.

      And, no rights over their Local Authority, to get the adequate support, they need to care for their loved ones at home, for as long as possible.

      Their children, and old parents, are being deliberately removed for profit, via deprivation of liberty orders, under the MCA via local Courts of Protection.

      And, there is absolutely nothing a family, or a vulnerable person, can do about it.

      If they do have a power of attorney in their favour, these are being overridden by the courts.

      The LA act in unison, with now, local Health and Social Care Trusts, who have replaced the NHS trusts, and all act in secret, under Multi Agency Safeguarding Hubs, on the pretext of protecting your loved one, from their own family and themselves.

      But no one, protects them, from the abuse of private for profit providers.

      GPs, police, social workers, experts, do not inspect, nor, see what happens, once a vulnerable person, is put into a life of residential ‘care’ , and, made an audit statistic for private profit .

      As we have seen, even their deaths, are not investigated.

      Until we address, this huge power inequality, and, abuse of human rights and process by the state, by giving rights and powers to families, who are, the only ones, that care, and are not making any profit from their loved ones, we are lost.

      Our loved ones, will continue to be taken, and, used as cash cows.

      Few carers are allowed to set up their own care agencies, and, if they do are then they are made part of the cabal, and at the mercy of the state and are not autonomous or independent.

      The system, is now honed, and becoming ever more efficient, families must act together to fight it.

      They, and most of all, the vulnerable, must be given independence, and choice.

      Reply

  4. I am a patient advocate for a neighbour.

    7 years on from first complaining about her care/lack of care and having been through the entire system, none of the extremely serious safeguarding complaints have been investigated.

    The Trust involved ‘toyed’ with me for 4 years & 4 months; said they had carried out 3 investigations into my complaints,and then mis-used the Mental Capacity Act at the 11th hour, just to avoid answering the complaints at all.

    The PHSO upheld parts of the complaint and found ‘maladministration’ and ‘service failure’ against the Trust for third party risk assessments and complaint handling, but the PHSO also precluded me from advocating on my neighbour’s behalf by changing the scope of the complaints I made, which allowed them to avoid looking at the safeguarding complaints (the main reason for taking the complaints to the PHSO in the first place).

    The complaints I made were on behalf of my neighbour, with her written permission and at her request, and I made complaints about the impact the Trust’s negligence etc had on me. There were also incidents that I witnessed that she wasn’t aware of that left her at exceptionally high risk.

    The service user has no one else to advocate for her and the Trust did not appoint an independent advocate for her, as and when necessary. She was subjected to the most appalling inhumanity I have ever witnessed, and was then stripped of her rights to appoint her own advocate and/or complain about the care she was receiving.

    Despite the fact that the Trust’s mis-use of the Mental Capacity Act is illegal, the PHSO did not investigate this. When questioned at the PACAC meeting on 13th December (where I gave oral evidence), Dame Julie Mellor gave a very ambiguous answer as to whether the PHSO does/or doesn’t look at the law. So I still don’t know, if they do or don’t, but I have written to them asking for clarification and don’t expect an answer any time soon.

    The appalling treatment meted out to my neighbour, is very far from being an isolated incident under this particular mental health service (and nationally); a fact that is very sadly supported by the high suicide rate locally.

    Despite the fact it is widely reported by all and sundry that vulnerable people are a key priority, this is just not the case – in fact it is quite the opposite. I have been through the entire system from top to bottom and not one organisation that is supposed to protect the vulnerable did one thing to help – and still aren’t.

    The PHSO took 21 months to investigate our complaints and the end result was shocking; biased in favour of the Trust; the Clinical Advice wasn’t worth the piece of paper it was written on and evidence that supported our complaints was just ignored and/or refused.

    The irony of all this is that my neighbour had a care plan that worked very well for her, but the Trust changed it – I say they changed it to save money; they say they changed in it line with NICE Guidelines.

    As the Trust doesn’t even provide treatment for my neighbour’s diagnosis, I challenged the fact that they say they follow NICE Guidelines for it – but again the PHSO wasn’t interested; they just cherry-picked the few Guidelines the Trust does follow, but ignored all of the Guidelines that supported our complaints.

    The ensuing costs of the Trust’s original decision to change my neighbour’s care plan, far outweigh the costs of her original care plan, not only to the Trust itself (26 members of staff involved with my complaints, 3 investigations, Board level meetings, etc), plus the costs of the PHSO investigation; meetings I had with the CQC and the CCG and the huge increase in costs to the Police, Ambulance Service, A & E, GP’s and me – to mention but a few.

    So not only are people being left to die, with no chance of getting justice at all, the system as it stands is costing us a fortune, all of which could be redirected to where it really counts – patient safety. But if none of the ‘powers that be’ listen to us, then this travesty will continue, people will continue to die unnecessarily and each time a scandal emerges like Southern Health and Mid Staffs they will all wring their hands in horror, condemn each other for the failings in the system – anything but listen to those of us who are telling the truth about what is going on.

    Your blog and the statistics you give, reinforce that our story is just a tiny drop in a very big ocean – which is very disheartening, particularly when so much of it could be remedied easily and cost effectively.

    Reply

  5. I just despair of the vile way people with learning disabilities and mentally ill people are being treated right now.

    They are using the power to section people to shut up whistleblowers, and I know that because I’ve been sectioned four times so far, the first when I was only 14 years old, to cover up institutional child abuse.

    I wish this horrific nightmare of institutional abuse would end.

    Reply

    1. Thank you Zoompad for your comment.

      We are all at the mercy of a ruthless state, in the guise of NHS/LA mental/care services, now all largely privatised by corporate monopoly providers who only aim appears to be to make as much profit as possible.

      As you also say, if as is always a real possibility, if you are targeted that you can be MHA sectioned if you are deemed a danger to yourself and /or to others and even if not just for assessment and detained.

      And then ‘mental’ disorders that the state have created, 375 of them via USA, can be used to drug you and remove you from society.

      Best Wishes Finola

      Reply

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s