OUR courts used our HRA to create DOLs in England only, this allowed all decisions to be removed from anyone assessed incapable illegally ,as must relate to specific decisions needed to be made at a specific time in a person’s best interests not general . These were then stopped from appeal fromm those ordering DOLs in the local County Courts which could be controlled. DOLs have now by MAY in the MHA review been converted to Liberty Safeguards , allowing the CCGs/LA commissions to assess those incapable for life and effectively allow their commissioned service providers to make all decisions for life without court oversight.
So executive have complete control over harvesting the incapable they deem for profit within their commissioned for profit homes. Such is the strategic gerrymandering of courts, executive of our law out of our Human Rights which are then destroyed for life.
In an age of gay marriage affecting 1.6% of the population, transgender toilets and a vague Supreme Court pronouncement on wheel chairs on buses, our Local Authorities encage over a million and increasing.
Before the Court of Protection was created, you had to be convicted of a crime, or be so mentally unstable you were sectioned to lose your liberty.
Now, it is increasingly being removed from anyone deemed ‘incapable’ under a vague MCA test for life and not as a punishment or for treatment .
And worse still all aspects of their existence controlled.
So what law gives a court such God like power ?
s 4A Mental Capacity Act states;
This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty.
But that is subject to the following provisions of this section, and section 4B.
D may deprive P of his liberty if, by…
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Elizabeth has been under two Cygnet Healthcares – one in Cygnet Stevenage and one that is supposed to be the flagship in Beckton. I have been to their conference at the Royal College of GPs and I went with someone I know who has a brother in this expensive private hospital who wishes to be transferred elsewhere. I was extremely interested in the conference which was very well organised and took part in a workshop called “least restrictive care” – well I had to say what I thought – Elizabeth thought it was like prison and I could not disagree with this description.
finolamoss 