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 what 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 the present illegal implementation of the MCA as highlighted in 2014 in the House of Lords Select Committee Report ?
Does this ‘improved implementation’ remedy the illegal implementation of he MCA and satisfy the Human Rights Act ?
Or is this ‘improved implementation’ merely mean that the boxes should be ticked to disguise the present illegal implementation ?
In view of the fact there hasn’t been any change in the way the MCA is being implemented one can only assume the later.
So is the following the ‘improved implementation’ ?
The appointment of an IMCA, RRP, who can take no part in ‘the best interest’s’ decision, having merely a right to consultation and to ‘support’ and inform the incapable, usurping family members, despite an MCA Code of Practice providing their appointment should only be in absence of family members.
These IMCAs, RRPs and Official Solicitors are appointed and paid by the state so not independent yet purport to give family and the ‘incapable’ rights.
The Official Solicitor costs huge sums of legal aid to ‘represent’ the ‘incapable’ but like the IMCA, RRP, is rarely able to communicate with him and mainly duplicates the work of the Local Authority/Health Trust lawyers in breach of his legal role of representation as the incapable’s Next Friend.
A capacity test performed by an expert, chosen, paid, and remitted by the state.
On a Standard Form, which allows incapacity to be based illegally under the MCA on the condition, and presentation of a person.
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 is needed to be made at a specific time without delay in a person’s best interests.
And, the expert assessing is not usually the person involved with the person’s day to day care as required by the MCA Code of Practice.
An expert, who makes no 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 purportedly 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 under s1 of the MCA.
And then apply this incapacity, retrospectively, to invalidate Powers of Attorneys the incapables have signed as 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.