A Life without Choice , let alone, ‘Independence’

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The Law on Capacity

The Mental Capacity Act 2005, purported to empower.

The Act, presumes, everyone,  is capable of making a particular decision, until, there is evidence, on the balance of probabilities, by a prescribed assessment,  that, they are not.

As a capacity assessment,  removes a person’s fundamental freedom to  choose.

It should only be undertaken, if ‘incapacity’ is suspected.

And, must only be  of  a person’s ability, to  make a specific decision, at the time that decision needs to be made,  in his best interest.

This assessment,  or, suspicion of incapacity, must not be based, on a person’s mental condition and/or presentation.

Further, the Act’s overarching principle provides;

A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success’

S1(3), and, see also s3(2) MCA.

This requires, as much as possible , to be done,  to maximise a person’s capacity to make the particular decision.

And, to avoid Article 12 EU illegality, ‘substitute decision making’, a joint decision, should be attempted before capacity is assessed.

Assessments, should take place, in a familiar place, and, be by a familiar person.

With the assesse, in optimum physical, and emotional health.

Unless in an emergency situation.

An assessment , can only, relate to a person’s capacity, at any particular time.

Capacity to make, a decision, can be regained.

The Mental Capacity Act, is the only Act, as far as I am aware, that allows, the state, to remove a person’s autonomy.

Prior to 2007, the High Court had such power, but, only if, necessary, in a person’s best interest, and, it was used, exceptionally.

Decisions of the autistic, and vulnerable, were generally made by them, with the help, and, protection of their family.

The Reality Since 2007

As early as year 9, parents, will be introduced to a person from ‘Transitions’, at their child’s SEN review.

This person’s function, will not be explained, other than,  autistics/ learning disabled,  find ‘transition’ to adulthood difficult, and, they are there to help.

At 16, your child’s full time school, is no longer funded.

Despite SEN ‘Education’ funding continuing until 25.

Instead, independent living, and employability skills are taught, and, a base building provided.

Most children attending a special school, will automatically, be deemed ‘incapable’, of making  decisions, as to their welfare,  and, finances, by social workers, and GPs  .

As these assessments, are neither time, nor decision specific, and, usually based on their  conditions of autism, and/ or, presentation,  they are illegal.

Even if, a formal capacity test, is undertaken, it appears, it need not be completed, as required by the Act, as the standard Local Authority Assessment Form provides;

The assessment should end if the person is unable to progress through the functional test. For example if a person cannot understand the decision they will not be able to retain it, weigh it in the balance or meaningfully communicate a decision’.

https://finolamoss.wordpress.com/2015/03/03/standard-capacity-assessments-stephen-hawking-would-fail-without-his-box/

All that needs to happen, is a person be asked ,  do  you know why, you need your medication, or, do you know why you need to pay your disability allowance into your own bank account.

And, show no understanding, and, their reaction noted.

So, effectively, once a person has, an’ impairment of mind’, which the Act makes non- exhaustive, and extensive,Unless, they are a good communicators, with knowledge of modern procedures, and medicines, they are doomed.

It must also be considered, how many non- SEN teenagers, would be able to answer  such questions.

As this standard LA test, is neither time, nor decision  specific, needed, and, can only, if abandoned so early, be based on a person’s condition, and/or presentation, it  is illegal under the Act.

Protection of your child’s ‘rights’,will be tick boxed, by the appointment of his own Independent Mental Capacity Advocate.

Whose only function, is to  explain what is happening to him, and his rights.

Quite what these rights are, is unknown, as the incapable, do not appear to have any under the Act, other than, to consultation.

And, your child’s ‘Advocate’, despite his name, cannot take part, in the decision making process.

At 17, you will be consulted about your child’s, away from home for life placement, but, at 18, it is ‘inappropriate’ for you to make decisions for him, and, you have no right to do so.

https://finolamoss.wordpress.com/2015/07/07/autistic-parents-have-no-rights-and-the-private-corporate-parent-is-unaccountable/

As your child, lacks the capacity, to make his own  decisions, adult social services, will  make them, and, decide what placement is, in his ‘ best interests ‘.

If  you object, to your child living ‘independently’, or, are unhappy with the chosen placement, the LA will make an application to the Court of Protection,  as your child is ‘incapable’ of choosing where he lives.

If you insist he is capable, and wants to live at home,  the court, will declare, your child ‘incapable’ of all decisions, past, present and future,  and, that it is, in his  best interests, to live in whatever placement, the LA provide.

All his future decisions, will then be dictated by his Care Plan.

Even down to how many baths he has, when he takes them, and, how he is cleaned.

Subject to reviews, this will be, for the rest of his life.

This is his ‘independence’, and, empowerment.

The need for a Deprivation of Liberty Order each time a person is locked in his room or supported living facility is not required by the MCA.

So, despite the Magna Carta, Human Rights Act, Equality Act, Disability Discrimination Act and United Nations Convention, millions, now, and in the future, will be encaged without due process.

A Horrifying Abuse Scandal

And, Supported/independent living, is now, the only policy, and support provided by Social Services.

The House of Lords Select Committee on Mental Capacity Act 05  report

Extract from Hansard on no monitoring of substitute decision making by care provision.

98.  There were also concerns that a decision-maker could assume too much power, and sometimes on the basis of questionable legal authority.

Sheffield Safeguarding Adults Board pointed out that

once a person has been deemed to lack capacity to make a decision they become vulnerable to the opinion of the decision-maker and when those decisions are not reflective of their best interests it often leaves them powerless to challenge“.[157]

This was echoed by other witnesses, who expressed concern over the use of the ‘general defence’—the term often used to describe sections 5 and 6 of the Act (Acts in connection with care or treatment and Section 5 Acts: limitations)—which provides protection from liability for carers and others to carry out acts in relation to a person who lacks capacity.

The pre-legislative scrutiny committee foresaw problems with these sections, which were at the time entitled ‘the general authority’.

They worried that it would wrongly give the “impression that the general authority would be assumed by a single individual who would then take all decisions on behalf of an incapacitated individual”.[158]

In response, the Government removed the term ‘general authority’ from the Bill, but concerns have persisted since implementation.

Professor Phil Fennell and Dr Lucy Series described the general defence as providing “tremendous discretionary power” which was “not subject to any routine monitoring”.[159]

Liberty expressed concern about the very wide range of decisions which could be made under these sections, combined with a “worrying lack of oversight”.

And these decisions, are being made on a business efficiency model, in secret, by large private monopoly care/ supported living provision, with no oversight by the courts, only the Adult Services Managers,  employed by the LA, who commissioned the service, and, would therefore, be liable for its inadequacy, so a huge conflict of interests.http://ukhumanrightsblog.com/2011/11/17/severely-disabled-mans-care-plan-is-not-a-deprivation-of-liberty-says-court-of-appeal/

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‘The Million Dollar Kid’

0_jLe33ZKodNIffjIdA Mum twittered last night, her autistic son, is nicked named, ‘the million dollar kid’ for the £12,500 per week; he earns for his ‘Treatment’ Unit owners.

Yes, you read correctly.

How could such a sum be justified?

Obviously, because it needn’t be.

And, where, in that sum, is the incentive for effective treatment?

Payment, of such sums makes a nonsense of cost cutting, austerity, and reduction of our deficit.

Another Mum, excitedly decorating  her autistic son’s bedroom, his care package, months in the making, having finally, allowed him home, for his 18th birthday, and Christmas, and, forever ?

Smashed to pieces, in yet another faceless meeting, when ‘they’ decided, her son, needed an adult hospital, and, not the love, and care of his family.

No doubt, the effect of this news, will justify, even more medication in his £4,500 per week, tax free, hospital placement.

Whilst, he tries to cling, to the memory of the love, peace, and security of the home life, he was ripped from.

On his refusal to be ‘assessed’, two…….. long years ago.

Autism, cannot be ‘assessed’, or ‘treated’.

It can only be lived with.

With the care, and love, only parents, can give.

Many, many, more such Mums, Dads, and, autistic adults, are out there.

Bullied, powerless, destroyed by the state, to make extortionate private profit, from public funds.

If there were a word for it, obscene.

Beyond shame.

The state have created, and, found, the perfect market, their children’s future.

There are no day schools, yet education is funded to 25.

No day centres, respite facilities.

They have been closed.

On the audacity of LA budget cuts, which allow, the same LA, or NHS, to commission £4,500/12,500 per week placements.

Venture capitalist investors, are advised, to move their money out of domiciliary care, as the future is not with the family.

The only Adult Service, is institutional state provision, whatever, laudable name it’s given.

‘Service provider centred’, ‘people centred’, but the ‘centred’, have no rights or choice.

The adult ‘learning disabled’ residential sector, has now out grown the old, and Alzheimer one.

A Care Quality Commission’s role, is now to market watch.

The Local Authorities, most likely, via secret societies, like Common Purpose UK, control the commissions.

Many providers, are subsidiaries of Companies, registered outside the UK, so there is scant financial transparency.

These faceless conglomerates, owe no duty to their vulnerable, voiceless consumers.

Only, to use them, to make as much profit as possible.

Their customers have no choice or contract.

The provision, for our most vulnerable, in need of the most ‘people centred’ care is uncompetitive, unregulated, and, in secret.

Ever greedy, accounting machinations, can close these vulnerable people’s homes, and, end their workers’ jobs, overnight.

Neither, the Local Authority Commissioners, nor the Care Quality Commission, nor NHS England, have any effective control over the services, they commission.

And, there is, a conflict of interest, between their safeguarding, and commissioning remits, as if their commissioned services, are inadequate they are liable.

That is, if there were, any effective legal accountability, or, indeed, sanction.

And sharks, can, and are, making a killing, out of our most vulnerable, as the Southern Cross Healthcare debacle, illustrated.

http://www.dailymail.co.uk/news/article-1393294/Southern-Cross-Healthcare-destroyed-Stephen-Schwarzmans-private-equity-firm-Blackstone.html

Yet courts, local authorities, and, health trusts, continue to cost cut and spend billions of our money, not fulfilling, their statutory duties.

And, we continue to let them.

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‘Independent Living’ –Disabled Penned for Profit

 

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If you asked anyone, where, they most wanted to live, and where, they would feel the safest, and happiest.

All would reply, if they could, within the bosom of their family.

This is why, a Private Members Bill, was put forward by Alf Morris, a Labour MP.

And despite opposition, by both Labour, and, a new Conservative government, became, the Chronically Sick and Disabled Act 1970.

It was the only, such Act in Europe, and, was heralded, the Magna Carta of the disabled.

The Act, placed a duty on Local Authorities, and NHS, to provide, in modern money, up to £164,000 per annum, for the social, and medical care, of the disabled.

If, a Local Authority, did not provide sufficient respite, house adaptations, medical equipment, care etc, parents/disabled, could  sue them,to pay for these  services.

This allowed, the disabled, to live, where they had always lived, with the friends, and family, they had known, and who had known them, since birth.

It also, prevented inadequate, unaccountable monopoly services.

Allowing families, and disabled, to obtain independent support, that fitted theirs, and the disabled’s needs.

The disabled could remain seen in the community, not, as they are now, herded in lines by chatting care workers.

Sadly, if parents found it impossible to cope, as they grew older, then, they could set up a trust fund, to pay state funds, to an independent provider, of their own choice, to care for their loved one.

But, 30 years on, under Tony Blair, the embryo of ‘Independent Living ’, was conceived, in academic publications.

Research, projected the figures, of older parents, who would be unable to cope, the disabled’s EU Right to ‘Independence’, was high jacked.

Housing away from their families became a priority for charities, LAs, and government.

https://books.google.co.uk/books?id=QY9Qp6JNL8UC&pg=PA1935&lpg=PA1935&dq=JAYNE+KNIGHT+AUTISM+MENCAP&source=bl&ots=O1ozxTtVYB&sig=2RYrzI_ELah1vdl0W6RCvTFGiYM&hl=en&sa=X&ved=0ahUKEwjEof2XjJbOAhUIIsAKHfumASQQ6AEIITAB#v=onepage&q=JAYNE%20KNIGHT%20AUTISM%20MENCAP&f=false

All disabled charities, MENCAP, SCOPE, NAS, sang in unison, that ‘most disabled’ wanted independence, and, had a right to it,

Independence’, was perfunctorily construed, as  living away from parents, in  their ‘own’ home, regardless of  how many lived in this ‘home’, and, 24 hour supervision.

And, all a disabled person’s decisions, being made by the care provider.

This has been  renamed recently to ‘community living’.

A huge, profitable, largely unaccountable market, was there,  for the taking.

In 2010/11, the largest component of local authority expenditure on residential services for people with learning disabilities was on residential care placements (£ 1.55 billion), followed by supported and other accommodation (£483 million) and nursing care (£75 million). Supporting People expenditure in 2010/11 was £149 million.

(Source: People with Learning Disabilities in England 2011

https://www.gov.uk/government/statistics/mental-health-and-learning-disabilities-statistics-monthly-report-final-feb-2015-and-provisional-mar-2015

 

 

The disabled were a goldmine, waiting to be mined.

Providers of independent living, could, not only claim, the huge amounts of money, made available from the government, under The Chronically Sick and Disabled Act, but also, the disabled’s state benefits, Disability Living Allowance, Mobility, Housing and Council tax Benefits, and Independent Living Fund.

And, better still, whilst the Local Authorities, again, on the back of cost cutting, did not provide specialist disabled care, the independent providers, were still allowed, to claim for such care, under the Act, on the basis, of the need, and severity, of each individual’s disability.

This gave a huge profit margin, at the disabled’s expense, as they received basic, non-specific care.

Worse still, the worse the disabled’s needs were made, the more, that could be claimed.

This was not a recipe for care, but persecution.

With enforcement by the Court of Protection, under the Mental Capacity Act,

‘Independent’ Living,  is now, effectively, the only option provided by Local Authorities, to a disabled adult.

in 2010/11, the largest component of local authority expenditure was on private, commissioned by LA, often enforced residential care placements (1.55 billion) for people with learning disabilities, followed by supported and other accommodation (83 million), and nursing care (75 million).

Supporting People expenditure in 2010/11 was 149 million.

(Source: People with Learning Disabilities in England 2011

https://www.gov.uk/government/statistics/mental-health-and-learning-disabilities-statistics-monthly-report-final-feb-2015-and-provisional-mar-2015

Yet, see the map above, for the statistics of those still living with parents at 35, and not independently.

The Daily Mail lead on 5/11/16 that 25% of adults live with parents.

Yet our most vulnerable, who need their family most, are removed at 18, to 24 hour surveillance, not independence.

All overnight respite, and, day centre provision has been closed, on the excuse of cost cutting.

As services for disabled adults, are diversified, into this highly lucrative, ‘independent’ living industry.

The ‘Right’ to live ‘independently’ the only independence being forceful removal from family is the only ‘right’ promoted

https://rightsinreality.wordpress.com/2015/11/19/talk-to-housing-and-support-alliance-independent-living-conference/

Who would want a right to be encaged, all  choice removed, and forcefully medicated ?

Disability charities, have found it a godsend, as a much needed, reliable source, of permanent income.

And, international venture capitalists, pension funds, are investing in this new profitable sector.

Parents, wishing to keep their beloved, disabled children at home, have found it, effectively impossible.

They can no longer sue for the support; they are entitled to under the Chronically Sick and Disabled.

As, if they could afford the lawyers, and took the risk, of the Local Authority’s legal bill, the Authority would show, they were providing such support, through this independent living provision.

The Local Authorities, are ruthlessly enforcing such provision, by enforcement under the Mental Capacity Act, accusing loving parents, of incapacity, abuse, and neglect.

These parents are, not only, refused adequate support, and respite, but accessed covertly, as if they were, parenting a normal child.

All in breach of theirs, and their child’s human rights, Equality Act,  as discriminatory, and the Autism Act 2009 guidelines.

All disabled, now, effectively, belong to the state.

A state, that allows them no choice, and, no independence.

The disabled’s life, in  independent living provision, is prescribed, controlled, watched, risk assessed, and, most of all, commercially aware.

No longer are they protected, and happy, in the bosom of their family.

They are unseen, at the mercy, of any itinerant, poorly paid zero hour carer.

And with no escape.

They cannot return home.

They are only allowed out to prescribed venues, heavily guarded.

Families contact is controlled, and often, cut out completely.

The disabled become an audit statistic,  relied upon, to pay  owners, managers, venture capitalists, and shareholders.

We do not even have figures, of the number of disabled encaged.

And this is called ‘valueing’ people.https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/250877/5086.pdf

And, there is little, if any accountability, for the providers’ extortionately expensive services, or, the misery, and death, the disabled suffer in such provision.

We can only guess at it, from reports, that three learning disabled, die  needlessly a day.

Disability charities have removed the disabled, and their family’s voices, and replaced them by meaningless propaganda, sound bites, self-preservation, and slick websites, as they put their own recycled profit interests, above their beneficiaries.

Tiny Tim, would not now, be allowed to remain in the bosom of his family, because he is worth too much.

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Tomorrow I Will be Gagged. A true stitch up.

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We contact a solicitor, who recommends a barrister, who is in fact a solicitor.

We ring her.

We are not entitled to legal aid.

She offers to half her usual rate to the Legal Aid rate.

It will cost £500, to consider the papers, and attend tomorrow’s hearing.

We are desperate.

I have ceased to function.

My husband  take the papers to the solicitor I contacted to scan to the barrister (solicitor).

She asks court for an adjournment to a later time/date as we have only just got the papers.

But they will only postpone until 12pm tomorrow.

Yet, the in application, the hearing date was on the March 10th.

Without our knowledge .

Only 3 days before the social services manager had asked, ‘What they could do to rebuild our trust?’.

No concerns about our care of Issy,  had ever been raised and there was not even a hint that court proceeding would ever be applied for, yet the Local Authority a hearing date of the 10th March.

Now, I see the lodge lady, and a nice lady had always been a set up to get evidence for intervention in March when their education funding ceased, but Issy had almost walked down the close.

Lodge lady  etc must have felt Issy out of the house would weaken the case so a non existent punch was alleged.

I wondered how many of more applications  had  been prepared ?

One in April 2014 when Issy was traumatised, her NAS PTSD reignited and exacerbated  by her being told and hearing discussions, that she could not live with Mummy and Daddy.

And I put up a  fight, and, revealed their sexed up  core assessment, and spying education team and withdrew the needed parent consent to the education package.

Then  a new attack in the guise of new, ‘unspying’  agency  workers.

Unknown to me lead by a trainee social worker. ‘Who was a good ‘motivator’.

And then there had been a secret social worker as part of a chaotic 15 worker, uncoordinated 3 night respite team, when I was not supposed to be at home. They hoped for an emergency admission via MHA section to a CAMHS/NHS ‘acute pathway centre.

And the 8 month agency support surveillance by the said trainee and additional previous student/agency support, newly qualified social worker was probably stopped by this blog, scaring off their large well known, ‘reputable’ agency in October.

And then, the last, very sly, sideways attack, by a purported ‘independent’, personal services education package, recommended by the LA who had spent hours of meetings to regain ‘our trust’ convincing us that they had the skills to get Issy out of the house again.

But were in fact, the most vicious Trojan horse.

So desperate for a quick and conclusive result they couldn’t wait to say that, loving, weary, self sacrificing  parent had punched their cherished daughter in the stomach..

All this ‘support’ had cost tens of thousands of our council tax money, to stitch up, and lie about loving parents, fighting, for their disabled daughter’s happiness, and coping with her state abuse.

A daughter, who had been all her life, horribly abused by the state for millions.

So, they could make even more money, £4,500 + per week in independent living and pharma kickbacks.

Social workers are under a duty in their Code of Conduct to keep a family together, and respect  Human Right to privacy and a family life.

So all is illegal but still the courts rubber stamp.

The only email I receive from our barrister ( solicitor) of substance, is about my blog.

She  suggests I voluntarily agree not to mention details of the proceedings, or anything more relating to Isabel in my blog, or on any social media.

The Local Authority solicitor  had said the same in his letter with the court papers.

Yet, the actual court application states the actual legal prohibition, that I not to mention Issy’s name, and address.

I  instruct my solicitor, to expressly request,  as all the details are already in the public domain via the blog the judge open up the proceedings.

Particularly, as it has been shown that a carer had maliciously make up a story of abuse, and neglect , there is a long history of us being targeted by the social services and Isabel has been badly abused by the state , now and in the past, so such exposure is not only in her best interests but the publics.

As this appears to be happening throughout the country to  all autistics, and mentally disordered as the only adult services support is removal to residential care.

And, there is a conflict between the agencies and the LA and Isabel’s interests as huge sums of money will be paid for her ‘care’ so transparency of process is essential to ensure a fair hearing.

But our solicitor didn’t make any of these points to the Judge.

I had interviewed a private autistic specialist care agency.

They start tomorrow.

If only,  and why did I not do this over a year ago.

Trust of state, fear, lack of information, I don’t know.

The order is an interim one, to remove Isabel, deprivation of liberty, and stop all contact with us, and, as you can imagine the statements from the carers are spun, cue seeking trivia, and lies.

….. this could remove your child for ever, as this is the purpose of ‘support’ in 2015……george-orwell-5.