No legal safeguards of the millions in State for private profit Care
Care now decided on by the executive- LA/NHS not the courts
Anyone, on a mere. reasonable’ basis, can decide if a person incapable and this can be fluctuating and remove all decisions from them for life
The MCA capacity test appears unpassable, if targeted .as it is against the old, mental. epileptic. autistic or learning disabled or indeed any behavioural problem
Huge profit for care corps. with no checks or even liability for care but huge profit as paid £8,000 + a week per incapable for life and not regulation as to their services. Family can and are being excluded. *
Despite the unworkability/illegality of capacity assessments and the draconian, no rights nature of the Mental Capacity Act.
And the secrecy of all process. and lack of independent representation. by appointed Official Solicitor, of the ‘incapacitated’ in the Court of Protection, the executive appears intent with its latest Law Commission Report on Deprivation of Liberty Safeguards, renamed Liberty Protection Safeguards, to allow LA/NHS executive and not COP to enforce the present MCA practice, to aid ever more efficient private care profit and speedier pathways.
And protect Care for profit companies from legal claims, to avoid expensive Insurance claims
Incapacity of a person is the gateway to MCA power And its decision, and under new Liberty Safeguards is left to The executive LA/NHS commissioners of the care home services they also oversee
A huge conflict of interests, and worse as capacity has illegally been…
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