In addition to the thousands sectioned under the MHA, earning £13,000 a year from our cashstrapped NHS mainly now in private venture capital backed NHS hospitals, we also have hundreds of thousands held in various institutions – community living, nursing homes under Court of protection Mental Capacity Act Deprivation of Liberty Orders for life.
All their hearings, orders and services are secret on the grounds of confidentiality and their family is gagged from even mentioning them or their services and life .
At the time this article was published in 2014, it was estimated there would be 94,000 Dols LA applications, but in fact in 2015/16, there were 195,840. In a time of austerity this represents an average of over £6,000 per week payment for care from the NHS/LA with far more paid for ASD/LD deemed complex.
Dols allow every decision food, relationships, outtings, medication to be made by the for profit provider in what they think is in the service user’s ‘best interests.
The deemed ‘incapable’ nor their family have any rights or even court representation as the COP appoints an Official solicitor to represent the incapable, funded by the state, but he invariably finds a person’s best interests is that chosen by the care provider.
Provided the service provider believe they are acting reasonably in a persons best interests they can effectively do what they like to the service user for life and are not liable for their services under s5 MCA.
The LA/NHS who commissioned the services and would be liable if the services were inadequate oversee the services with a scant prescribed inspections from the CQC.
And the government has made it now much easier for LAs/nhs to obtain DOLs which they are renaming LIBERTY Safeguards
Now the service providers via the CCGs will effectively control them and capture and control their own customers.
The Government created an Autism Act in 2009 for adults on the autistic spectrum. Then it created an adults Autism Strategy (ironically entitled “Leading Fulfilling and Rewarding Lives”) in 2010, to remind authorities that there was an Autism Act and that they were meant to be adhering to it – just spelling it out sort of thing. When people kept on reporting that things still weren’t being done as they were supposed to, despite the Act and the Strategy, the Government next created their “Think Autism” Strategy in 2014 just to remind them again (just how dense can these people be!). What is all this achieving? The Government can hold it’s hands up and say, “Look, we made a law for you, we did our bit, look how seriously we are taking this.” …We all know what the term ‘lip service’ means though.
Some autistic adults are getting deflected…
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