Social Care Institute for Excellence, a quango which faced the axe in 2010, has declared today, National Mental Capacity Act Action Day.
One wonders what that means, and the purpose it services.
Baroness Ilora Finlay, Chair of the National Mental Capacity Forum is inviting submissions
‘to highlight work that has raised awareness and improved implementation of the MCA’.
Submissions from ‘professionals’ only.
But what will be interpreted, as ‘improved implementation’.
Is this a veneer over over the present illegal implementation of the MCA, highlighted and complained of in 2014 in the House of Lords Select Committee Report ?
Does this ‘improved implementation’ remedy these complaints and illegal implementation of he MCA, and the Human Rights Act ?
Or, is this ‘improved implementation’ merely that the boxes, for the present illegal implementation should be highlighted, and ticked ?
In view of the fact, that there has not been any change in the way, the MCA is being implemented, one can only assume the later.
So, is the following, the ‘improved implementation’, being highlighted/ actioned today ?
The appointment of an IMCA, RRP, who can take no part in ‘the best interest’s’ decision and merely have a right to consultation, and to ‘support’ and inform, the incapable, and usurp family members, despite the MCA Code of Practice providing their appointment only in absence of family members etc. .
These IMCAs, RRPs and an Official Solicitor, are appointed and paid by the state., and are effectively a sob the incapables rights.
The Official Solicitor, costing huge sums of legal aid, to ‘represent’, the ‘incapable’, but who, again like the IMCA, RP, is rarely able to communicate with him, and, mainly duplicates the work of the Local Authority/Health Trust lawyers.
A capacity test, performed by an expert, chosen, paid, and remitted by the state.
On a Standard Form, which allows incapacity, to be based, as it often is, on the condition, and presentation of a person, illegal under the Act.
And, a Court of Protection, that uses standard general capacity assessment orders, again illegal under the Act.
Whilst, the MCA and Code sec 4, provide, that a capacity assessment should only be undertaken, of a specific decision, that needs to be made without delay, in a person’s best interests.
And, the expert, assessing this, is not usually the person, involved with the person’s day to day care.
And, this expert, rarely, makes any attempt to maximise the person’s capacity, as required by s1
The capacity test, removes a person’s legal competency, purely because that person is ‘disabled’, and is therefore, illegal, under the United Nations Directive on the Rights of Persons with Disabilities.
‘Improved implementation’, which renders a person effectively insentient, when the purpose of the Act, was to empower that person.
An Act drafted to ensure that decisions were not being made on behalf of the vulnerable, if they were capable of making them.
This, ‘Improved implementation’, instead, removes all autonomy and freedom and allows every daily decision to be made by an all for profit ‘care provider’.
‘Improved Implementation’, that allows the Court of Protection, themselves to declare incapacity, which must be presumed until proven otherwise, as prescribed by the Act.
And then apply this incapacity, retrospectively, to invalidate Powers of Attorney, the now incapable, have signed, because they want, their family to make decisions, about their future care and medication..
Courts, that ignore that the functional test presupposes, an expert can know the workings of a person’s mind, which is impossible per se, and, particularly, if autistic
And is, completely discriminatory, in respect to the autistic, and learning disabled, because of their communication difficulties, and the fact other people are not made subject to capacity assessments. .
Let us not allow the executive, to subvert an Act, which can effectively remove anyone’s autonomy for life, on an inquisitorial basis, in secret, and is still being implemented illegally.
And, exists only in England and Wales.