Goldrush Part 4. Pointless ‘Assessments’ and the person subject to COP is never represented.

noface

A court date will be set in a months time and your home will be occupied by the state regardless of the affect on you and your vulnerable loved one .

Two social workers will arrive in your home every week for over an hour.

Your GP will be sent a detailed remit of what is needed in his s49 report and state the local authority have concerns about your care.

He is given the option of not actually examining should this prove difficult and will normally rely on medical records and you for information.

Information already existing and shared illegally in a Multi agency Safeguarding Hub with all agencies.

You will, on threat of court proceedings, have to provide paper details of months of DLA payments before legal aid can be granted to the lawyer appointed by the Official Solicitor’s Office to be the ‘incapacitated’s litigation friend, to purportedly represent him.

As family carers are cast as abusers, they can’t instruct a solicitor to represent  their loved one, even if they had the funds, as now a conflict of interests exists between them and their child/spouse/parent.

It is impossible to find the numbers of Official Solicitors appointed or the public cost, as they are not subject to Freedom of Information Act Notices.

https://www.whatdotheyknow.com/request/appeals_under_s21a_mental_capaci

And there is no guidance in the MCA or in any supporting materials, as to how a litigation friend should discharge his duties in the court of protection.

At common law his duty is to represent the person subject to the proceedings and relay as clearly as possible his wishes to the court. RP v United Kingdom at paragraph 76.

But in the practice now created by case law, the Official Solicitor’s representative function, has been replaced by an investigatory one, which supports what the court and local authority believe is in his ‘client’s’ ‘best interests’, rather than what his client actually wants.

As there are many cases which show that an ‘incapacitated’ ’s litigation friend hasn’t positively advanced, or has conceded matters, he would not have done, if he were representing him, as is his duty in law as his next friend.

So it appears, in a court, statutorily created to protect the vulnerable, no one is actually representing him or arguing his case.

But instead, arguing what the court believe to be his case and what they believe is in his best interests.

So ‘substitute decision’ making is the norm in breach of Article 12 of the United Nations Treaty on Rights of Disabled.

https://finolamoss.wordpress.com/2015/12/03/the-convention-on-the-rights-of-persons-with-disabilities-be-their-voice/?frame-nonce=d0f83434c0

Nor, unless the family can afford it is anyone defending family carers and arguing their case.
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https://academic.oup.com/medlaw/article/24/3/333/2733263/Litigation-Friends-or-Foes-Representation-of-P

So an Official Solicitor will be another visitor.

And again you will provide the information on behalf of your loved one, but, as you are cast as abuser, and the OS role is now investigatory, he will be suspicious and note matters supporting the LA case, unhygienic/disorganised home, lack of care, signs of risk.

He will then write up his witness statement without approval from either you or his ‘client’.

A psychiatrist and psychologist will be jointly instructed and remitted to assess your loved ones capacity and psychological and emotionally wellbeing.

Again you will provide the information and again there is likely to be little engagement with the  assesse.

A local authority carers assessment of  family members will need to take place, although this can’t be forced but you’ll think it can because  it is contained in a Court Order.

Carers Assessments  involve a very intrusive, detailed investigation into the effects of caring on all members of your family , disclosure of all medical records and psychological assessments.

A two hour continuing NHS financial assessment will also need to be factored into your busy schedule.

But it is  rare for funding to be provided for support in the family home, despite the same assessment of need allowing on average £80,000 per annum for such support in private residential care.

An assessor of your loved one’s possible benefits will also need to visit.

During this deluge of bureaucratic, pointless scrutiny, you will need to maintain a spotless, tidy house and care meticulously for your no doubt distressed family member, without support .

You cannot complain, or even voice irritation .

Complaints about provision are not considered and stayed once court proceedings are applied for.

And will be evidence of your inability to work with professionals putting your loved one at risk the basis of the s48 application.

You are trapped, worn out, with no help and no where to turn and have court documents from two  sets of solicitors to attend to.

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2 Comments

  1. Finola you could NOT have put this better as this is “EXACTLY” what I endured.

    The Litigation Friend was our “ENEMY” as well as “EVERY” other so-called Professional that came on board. They all worked “TOGETHER TO DESTROY AND DEPLETE US”. Everything was LIES and that was the END of our relationship with our disabed/autistic son. We did him no wrong.

    We have NOT seen him for 4 years now and WE NEVER WILL AGAIN. And the CoP sees this inhumane process as just.

    Reply

  2. Finola Ive been off the internet for the last days. Again and again you state the reality of the MCA, and the horror.

    Reply

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