Liberty Safeguards- Executive usurps Court of Protection? Tail wags dog.

1984-poster-3 Liberty

Our government’s proposals to rename and extend Deprivation of Liberty Orders with Liberty Protection Safeguards and create Approved Mental Capacity Practitioners will as the government state;

ensure that the design of the new system fits with the conditions of the sector, taking into account the future direction of health and social care.

Shouldn’t the government ensure that  care is fit for purpose and not merely for’the conditions of the sector’ whose overriding motivation is to make profit ?

So government ‘fits the sector’, a for profit one, by allowing it to be autonomous, self regulating and enforce the MCA.

And outsourcing LAs and NHS CCGs are given the power to remove an individual’s legal competency via a paid MCP rather than a COP judge,  to harvest those from whom corporate profit is made without independent safeguards.

Smashing Art 12 (1) European Convention on Human Rights, Art 5 Right to Liberty, Art 8 Right to Family Life. and Art 6 Right to a Fair Hearing.

So this is the Tory’s shrinking state and social conscience?

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

With the conflicts of interests of LA and CCGs approving and paying the Mental Capacity Practitioners and commissioning the care providers.

The incomprehensibility and unworkability of the Mental Capacity Act the most draconian and only Act of its kind in the world is legendary.

And now an approved mental capacity assessor is effectively charged with enforcing it.

The MCA barely got through Parliament, even with a large Labour majority and took two years to get through the House of Lords and then was made subject to a review .

And this review was devastating.

The House of Lords Select Committee in March 2014 found
’ the poor implementation of the Act by health professionals, is to some extent, symptomatic of a wider marginalisation of mental health issues’.

The College of Social Work giving evidence that the Act was,

‘ not fully understood by professionals, as an enabling piece of legislation, while families and carers painted a depressing picture of their exclusion from decision making’.
https://finolamoss.wordpress.com/2014/11/18/power-of-state-given-by-mental-capacity-act-05-house-of-lords-select-committee-findings/

Despite this, nothing was done to end the MCA’s illegal implementation, nor involve the family or service user, the executive merely increasing MCA ‘awareness’.

And now it appears handing its implementation to its chosen for profit service providers via their commissioners.

https://finolamoss.wordpress.com/2016/03/15/national-mental-capacity-action-day-an-executive-subversion/

Surely there must be some safeguard/check on such a ginormous thing as the removal of any citizen of England and Wales’s legal competency?

But there isn’t.

Once a person is even suspected of being ‘incapable’, a term ever more diluted to in the Care Act  ‘difficulty making decisions’, he, nor his family can effectively apply to the Court of Protection.

An application for Guardianship is expensive, revocable and need recommendations from those caring for the suspected ‘incapable’ ie GPs , Social workers who will be part of the state private care pathway and MASH.

Powers of Attorney are being voided on the grounds of incapacity and the only representation allowed and funded is via an on message Official Solicitor.

Dols are of a precarious legal nature created in 2009 on the excuse of the incompatibility between English Common law not the MCA with Art 5 of the ECHR (right to liberty) as revealed by HL v UK.

https://finolamoss.wordpress.com/2017/03/18/the-precarious-legal-nature-and-creation-of-deprivation-of-liberty-safeguards/

Dols do not exist under the equivalent Scottish MCA but appear now to have been made the tail that wags the MCA dog, as the numbers of Dols applications soar to 0.5% of the population.

https://finolamoss.wordpress.com/2017/03/10/care-providers-applied-for-deprivation-of-liberty-over-0-45-of-english-citizens-with-a-380-success-increase-since-201314/

A Summary of the Law Commission’s Recommendations

http://www.mentalcapacitylawandpolicy.org.uk/law-commission-deprivation-of-liberty-report-the-government-responds/

5. A new system

DoLS should be replaced with Liberty Protection Safeguards. Liberty Protection Safeguards, authorisations should be in place in advance of any deprivation of liberty and should apply to those aged 16 and above and should be capable of applying in multiple settings.

So 16 to 18 year old in schools, care homes and their own home can now be made subject to huge control.

6. Authorising Liberty Protection Safeguards – Hospital trusts and CCGs should be responsible bodies as well as local authorities;

a capacity assessment, medical assessment and necessary and proportionate assessment should be completed before an Liberty Protection Safeguards assessment is authorised; authorisations are to apply for some people whose capacity fluctuates;

So the use of Dols is extended to those deemed to have ‘fluctuating’ capacity ie the epileptic, diabetic and those under the effects of medication. How does this fit with the MCA need to maximise capacity ?

and a responsible body ( LA/CCGs) should in some circumstances be able to rely on previous capacity and medical assessments.

This is in breach of MCA which states blanket capacity assessment can’t be made, as assessments must be time and decision specific.

7. Independence – Assessments should be independently reviewed and a new Approved Mental Capacity Practitioner role is to be created, and assessments should be referred to them

This new role is likely to be like AMHP  a person will be registered and trained by LA and it is a role not a job so they are most likely to be social workers either agency or employed by LA or nurse practioners employed by NHS so anything but independent as LA/CCGs are outsourcers/commissioners for private hospital/care providers.

if there is an objection to the arrangements or in “harm to others” cases.

‘Harm to others’, is a MHA sectioning requirement not an MCA one, and, it is an additional one for sectioning, not an alternative one,  suggesting MHA will be changed to an alternative requirement making it easier to  MHA section.

8. Renewals – An authorisation should last for up to 12 months, after this a responsible body should be able to renew them for up to another 12 months and then for up to three years.

So the present yearly review of Dols is removed after 2 years.

9. Advocates and Appropriate Persons – An Independent Mental Capacity Advocate should be appointed unless a person does not consent or it is not in their best interests, or if the local authority determines there is an appropriate person to support and represent the individual.

So even an incapacitated’s right to consultation via an IMCA can now removed at the behest of the state.

10. Interaction with the Mental Health Act – Liberty Protection Safeguards should not apply to arrangements in hospital currently authorised by the Mental Health Act and the government should review mental health law in England and Wales with a view to introducing a single scheme to cover non-consensual care for the treatment of both physical and mental disorders when an individual lacks the capacity to consent.
This appears to suggest the incapable will be removed from MHA to MCA for all treatment.

Appears to signal the removal of the need for MHA section, if a person lacks capacity, allowing easier detainment in mental hospitals with no right to refer to a mental tribunal. 

11. Wider Amendments to the Mental Capacity Act – Past and present wishes and feelings should be given greater weight as part of best interests decisions,

these are in any event required  by the MCA, but who checks and enforces this has happened as courts will not interfere in service provision.

the statutory defence under Section 5 of the Mental Capacity Act should not be available for certain important decisions unless written records are kept,  merely enforces documentary evidence not that the decision was reasonably required.

the Mental Capacity Act should be amended to allow emergency deprivations of liberty so liberty can be removed at any time and post factum justified

as long as a written record is provided afterwards and an individual should be able to bring civil proceeding against private care home and hospital providers if there has been an unlawful deprivation of liberty.

Who would have the locus standi to commence civil proceeding not the family only the service user and he has no capacity to litigate at best it could be through an Official Solicitor appointed by the state to sue the state.

Cause of action is practically non existent, as provided care providers/hospitals act reasonably on the balance of probabilities an action will not succeed.

And damages will be nominal, so what independent lawyer would take on such an action on a no win no fee basis and the loser would be ordered to pay huge corporate lawyers bills of both service provider and NHS/LA commission.?

This surely therefore can’t even amount to a sop to accountability.

Our Response
12. We thank the Law Commission for completing a comprehensive report into mental capacity and Deprivation of Liberty Safeguards and we have considered their recommendations carefully.

13. We agree in principle that the current DoLS system should be replaced as a matter of pressing urgency and we have set out our provisional stance regarding each specific recommendation below.

14. We will legislate on this issue in due course. However, before the introduction of any new system, we will need to consider carefully the detail of these proposals carefully and ensure that the design of the new system fits with the conditions of the sector, taking into account the future direction of health and social care.

It is clear from the following passage from the Government’s interim Mental Health Act Review the government intend to assimilate the MHA and MCA which is not good news as the later has been shown to be unworkable

It will be necessary very carefully to consider the interface between the MHA and the MCA more widely. Should MCA concepts of Powers of Attorney, Advance Decisions to Refuse Treatment, and court-appointed Deputies have a role in care governed by the MHA? Should we join up advocacy services provided by both pieces of legislation, possibly with other health advocates, to produce a unified and accredited service? Surely it should be possible to standardise the legal oversight between the Court of Protection and the Mental Health Review Tribunals so that at least issues of detention can be dealt with by the same tribunal. It may also be necessary to consider if and how their jurisdictions could be widened.
There are other areas in which we are also clear, even at this early stage, that change is

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The Mental Health Heist .

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Two years ago a cross party Mental Taskforce reported on the future policy of our mental health services,

‘There has been a transformation in mental health over the last 50 years. Advances in care, the development of anti-psychotic and mood stabilising drugs’

This report’s recommendations were predictable, as in 2013 NHS bosses had allowed the world’s largest pharmaceutical company’s lobbying company to draft the report shaping our future health policy.

At the time at least 62 Tory MPs had financial connections with pharmaceutical companies by then the UK’s third largest industry .

https://finolamoss.wordpress.com/2014/12/16/mental-health-big-pharma-big-profits-big-danger/

So the maximum amount of ‘customers’ had to be harvested and held captive for as long as possible .

The ‘advances in care’ did not exist as attested  from even the perfunctory inspections of the CQC.

https://finolamoss.wordpress.com/2017/02/14/what-is-happening-in-662600-a-year-mental-hospitals-cqc-reports-2011-2016/

So millions were poured into  building  private mental hospitals and ‘community living schemes’ bought up by private companies like the Priory and Cygnet themselves acquired by USA multinationals in multl million pound deals.

All from public NHS funds.

UK’s health and social care industry was ripe for exploitation.

https://finolamoss.wordpress.com/2016/11/06/us-acadia-group-pay-1-28bn-for-the-priory-group-mental-health-feeds-venture-capital-profit/

More NHS public mental wards were closed .

NHS/LA continuing healthcare and support at home removed.

Any new admissions of autistic and learning disabled were only made to private ATUs.

Priory and Cygnet UHS/Acadia bought up most of community/supported living schemes mental patients might eventually be released to.

NHS Health and Social Care Trusts acted as outsourcers referring to monopoly, multinational services who were then given contracts lasting years from local Clinical Care Commissioning Groups via NHS England.

There need be no competition or tender as Priory/Cygnet were the only ‘specialised providers’.

The Health and Social Care Act 2012 had been drafted to allow such vulturing of the NHS by NHS England.

https://finolamoss.wordpress.com/2017/05/15/nhs-vultured-by-the-health-and-social-care-act-2012-part-1/

The plan was simple, create cash cows for life by a mental ‘disorder’ label.

Treat with antidepressants , anti psychotics and mood enhancers via institution or community treatment orders enforced by MHA section and/or MCA in secret inquisitorial courts and tribunals.

All in breach of patients’ human rights and MHA as, as there was no measure of outcomes they could not be ‘treatment’, or in an incapacitated’s ‘best interests’.

Studies showing adverse effects both physical and mental particularly long term, far out weighed any perceived benefits.

https://finolamoss.wordpress.com/2016/09/19/the-myth-of-the-chemical-cure-and-the-serotonindompamine-imbalance/

So the Mental Health Taskforces ‘transformation’ consisted of labelling, medication and removal to private hospitals, where corporate owners were given no incentive to cure as they then lost their customer.

And with no Medicare Insurance check , the spend was limitless paid out by a supposedly ‘cash strapped’ NHS.

At best a person was taken off section and put on a Community Treatment Order or ,as is increasingly the case, as the infrastructure is now in place , forced to live in community residential.

So from cradle to grave , the deemed ‘mentally disordered’ could produce ever increasing income for private hospitals, pharmaceutical and residential care.

And despite the number of signatures and petitions, inadequate/ damning CQC reports, campaigns , TV exposures, even deaths no one could help these captive consumers.

https://finolamoss.wordpress.com/2017/10/26/the-bipolar-cashcows-release-this-8-year-cygnet-bipolar-inpatient/

The system is honed by self regulation, no investigation of deaths, less Coroners, even narrative verdicts, no jury for DOLs deaths and no legal representation.

And relentless harvesting and pathwaying of customers from police stations, schools, workplaces, universities, GPs and community groups.

With increased legal powers given to the police to remove to a forced MHA ‘assessment’ via s136 MHA.

https://finolamoss.wordpress.com/2017/12/08/s-135-mha-17-removal-for-treatment-private-mentals-ultimate-harvesting-tool/

And ever vaguer justifications for a ‘disorder’ diagnosis, medication and removal – suicide prevention, anxiety, mixed conduct,self neglect or even those at risk .

No regulation or check on assessment , diagnosis or treatment and total reliance on experts employed by companies who profit from their diagnosis.

All backed and enforced by state authority with the NHS and local authorities given millions and legislation in MHA. MCA and Care Act to ‘safeguard’ the public.

https://finolamoss.wordpress.com/2016/05/19/how-will-433-million-carers-act-implementation-money-be-spent/

Coroners issued five formal notices over the past five years, for care failures after deaths of patients in the care of the Priory Group’s hospitals.

US Acadia, bought the Priory Group for 1.28 bn two years ago and now owns nearly half of all mental services in England.

Joey Jacobs its CEO received 8,241,847 dollars in salary, bonus and stock in 2015.

On Monday Dispatches went under cover to reveal NHS ‘treatment’ in a low to medium secure Priory hospital, costing at least £950 per day per patient far more than public NHS.

Despite the extra millions poured into ever longer detainment and transport all over the country to private hospitals, Dispatches in it’s advertising of its programme maintained the lack of funds NHS lie stating dramatically,

In the grip of a funding crisis and with the number of mental beds plummeting the NHS is placing thousands of patients in private hospitals’.

http://www.bradfordzone.co.uk/undercover-inside-the-priory-channel-4-dispatches-channel-4-19-february-800pm/

 

Thomas Rawnsley dead 3 years. Still no answers.

DUkC0CMXUAEMpdd holocaust silence

Sunday was the third adversary of Thomas’s death.

He was a fit 20 year old, born with Downs Syndrome , later labelled autistic..

Thomas’s abuse and death is a testament  of our society, morality and humanity.

His mother was not allowed to stay with him during his last night on earth.

Her access had been prescribed since he was 17.

She was not even allowed to be alone with him when they switched off his life support machine. No private rooms were available.

The only ‘kindness’ shown was an attempt to obtain his body parts.

https://finolamoss.wordpress.com/2016/06/02/thomas-rawnsleys-death-the-final-inhumanity/

Working full time, Paula was to bitterly regret her cry for help with a teenage Thomas.

Unknown to her, a yellow star was already next to Thomas’s name – Downs and autistic.

His fate was sealed.

Social workers came in, assessed, and were over critical of his behaviour – he had pulled down a curtain .

CAMHS got involved and he was medicated with halopidol and respiridol, an overdose made him fit.

Fluoxetine was added making him fly into hypnotic rages from which he recovered with terrible remorse., unaware of his actions.

As with all autistic and learning disabled, Thomas’s only support was his ‘ independence’ from his family.

So at 17, he was removed from his Mum, Dad and sisters to his own 24/7, 24 hour carer attended bungalow owned by Homeleigh Ltd, now bought by Cambian, complex .

But his ‘independence’ did not even afford him freedom from abuse.

For 6 months, a 4ft 10 inch Thomas was kicked by a large 54 year old experienced worker, into his bedroom , his fingers bent back with the words ‘lets see how many I can break this time ‘.

This was two years after Winterbourne View aired.

The Recorder said, ‘We have to respect those who care for our young disadvantaged’ .

https://finolamoss.wordpress.com/2016/01/18/thomas-rawnsley-2012-13-bullied-and-assaulted-in-independent-living/

Thomas was then removed from Homeleigh to an Adult Treatment Unit for more medication, as workers said he distrusted them.

Paula gave her job up to care for Thomas but couldn’t get him back.

As Thomas was worth too much – over £6,000 a week to ‘independent’/’community living’ as under 25, paid by LA. NHS and D of E.

And £9,000 a week to a mental hospital.

Thomas was the first inhabitant in his new ‘home’ Kingdom House in Sheffield, opened a month earlier, it had not yet been inspected by CQC, and was still half empty when he died .

My own daughter was to be taken there, the very day Thomas died, after stabilisation in a holding bay.

A care worker remarked to me, ‘They are rounding them up and making pin cushions out of them.’ 

But Thomas would not be beaten into submission, his spirit was indomitable, and he died.

The Coroner postponed his inquest in July 2016, to allow an investigation by NHS England .

This investigation would determine the remit and evidence of any subsequent inquest.

Already Paula had had to crowd fund to pay for a lawyer and toxicology reports.

NHS England commissioned Thomas’s Cambian ‘Care’ via Sheffield Clinical Care Commissioning Group from Sheffield Health and Social Care Foundation Trust, a private company since 2015.

So NHS England would be liable if it found Cambian caused , or contributed to Thomas death.

Although the tax payer Paula would pay the bill.

Below is a reminder of Thomas’s fate in pictures taken by Paula.

Think of the many not photographed , as deaths under MCA DOLs and MHA soar.

With just 1% even internally investigated and even less  inquests will be held when Medical Examiners are appointed in April.

https://finolamoss.wordpress.com/2018/01/21/the-natural-causes-cover-up/

With no juries or legal aid available at inquests for those, like Thomas ,dying under a Mental Capacity Act Deprivation of Liberty Safeguards .

Paula’s words posted before Christmas,

This time of year isn’t just hard because my son isn’t here to spend it with(although that’s hard enough on its own). Its the memories of a child’s suffering(my child)of him crying for me and begging for help, its memories of him telling me people are hurting him, of people dismissing us when we were screaming out!! ‘

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Thomas7

Thomas9

Thomas11

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Thomas8

 

4

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The ‘Natural Causes’ Cover Up

death

Nearly half of learning disabled including autistic deaths are avoidable.

And a three year old Department of Health ‘Progress’ Report revealed 3 a day die needlessly .

http://enablemagazine.co.uk/mencap-dismayed-by-lack-of-progress-to-stop-avoidable-deaths-of-people-with-a-learning-disability/

Media blame these deaths on a lack of government funding .

But more money will only increase the profits of their private Corporate ‘carers’.

As ‘ cuts’ have been used to force the LD/ASD into for profit residential/hospital care/treatment paid up to £13,000 a week

But in this greedy corporate world, physical illnesses are not being treated.

The ASD/LD use behavioural challenges to show pain and physical discomfort.

the man with Down’s syndrome refusing to leave the house, who turned out to have had a heart attack; the woman refusing to eat, who had bronchial pneumonia; the boy with autism severely self-harming, who had a burst appendix.

Dr Sally Cheseldine Clinical Psychologist NHS.

But these signs are not being picked up on by ‘community living’ and hospital providers, who, in any event, do not have the facilities to treat them, and nor does the bankrupt NHS .

So many mentally disabled die long, lingering deaths, without pain relief, and their worsening behaviour is blamed on their disorder, and their medication increased.

In addition, we have many dying from the horrific side effects of medication and poly pharmacy.

These many deaths are then signed off as from ‘natural causes’.

Remaining hidden for ever.

LD/ASD are held under MCA, Deprivation of Liberty Safeguards if in ‘community living’ and increasingly even in mental hospitals.

Deaths under DOLs have tripled, with a 56% increase last year alone.

https://skwawkbox.org/2018/01/13/deprivation-of-liberty-deaths-soar-by-56-in-a-single-year/

Yet despite this shocking increase, which ought to require increased investigation of deaths, laws last year removed the right to an enhanced Coroners Inquest with a jury for those dying in ‘state detention’ from those who die under a DOL.

A medical practioner certifies the cause of death for death certificate purposes and only refers a death to a Coroner if he is unsure of its cause, or the circumstances of it are suspicious.

Worryingly, there are huge differences in GPs referral rates to Coroners throughout England and Wales as they range from 24% to 96%.

https://www.theguardian.com/society/2015/dec/21/failure-to-investigate-deaths-of-vulnerable-patients

In 2015 out of 529,613 deaths , 236,406 were referred to Coroners , but Inquests were only held in respect to 32,857.

So more than 85% of deaths referred to Coroners, were sent by the Coroners, with or without a post-mortem examination, for registration as deaths from natural causes, without any formal coroner investigation and inquest.

But Coroners have not been required to have any medical training since 2013, only five years’ legal qualification and practice.

In the Chief Coroner’s response to a Department of Health Consultation on the introduction of the new Medical Examiner role, the Chief Coroner suggested these figures show, that too many deaths were unnecessarily sent to Coroners .

It is therefore believed that the availability of MEs ( Medical Examiners ) to advise doctors on the cause of death should reduce the number of cases which are referred to coroners unnecessarily.’

https://www.judiciary.gov.uk/wp-content/uploads/2016/06/chief-coroner-cp-resonse-medical-examiners.pdf

Medical Examiners are to be introduced in April, and it appears their role may further curtail investigations by Coroners , the only external, and often the only investigation into a LD/ASD deaths.

As it was revealed by the hard fought for investigation into Connor Sparrowhawk’s death, SLOVEN  investigated 1% of its LD deaths and it was not an outlier in comparison to other NHS Trusts.

So it appears only 1% of LD/ASD deaths in NHS care are even internally investigated.

Connor’s death was initially certified as from natural causes, when he had an epileptic fit in his bath, despite his NHS carers knowing he had epilepsy allowing him to lie in a bath alone for hours in a locked bathroom.

https://finolamoss.wordpress.com/2015/10/19/effect-of-the-connor-sparrowhawk-verdict-and-puplic-accountability/

But an inquest with a jury found neglect had contributed to Connor’s death.

Such a jury would not be available had Connor been held under the MCA, nor even an inquest had his family not campaigned.

Autistic Stephanie Bincliffe died of natural causes in her sleep at 25, 25 stone, in a private mental hospital under  MHA section . She was kept in a windowless cell for 7 years, fed through a hatch for £12,000 NHS money a week.

The coroner stated her over medication, and ‘care’, did not contribute to her suffocating in her sleep, despite her overmedication, diet and huge weight gain.

All Stephanie wanted was to go home to her family.

http://www.bbc.co.uk/news/av/uk-england-30178920/hospital-death-ruling-my-daughter-wanted-to-come-home

Previously fit Thomas Rawnsley, was certified as dying from natural causes and Downs Syndrome at 20, despite years of abuse, over medication, and parents only two weeks before warning authorities that the service provider’s treatment would kill their son.

https://finolamoss.wordpress.com/2016/04/21/natural-causes/

Jonathan Malia a keen rugby player, and fitness fanatic , died of natural causes at 24, after 11 forced Olanzapine injections in 10 days, as an originally a voluntary inpatient in a Cygnet hospital.

https://finolamoss.wordpress.com/2016/12/01/24-year-old-dies-in-cygnet-after-11-forced-olanzapine-injections-in-10-days/

Kristian Thompson, a fit healthy 19 year old talented cricket player was found unconscious in a shower after being injected with clozaphine. in St Andrews Hospital, Northampton, where he later died.

An open verdict was quashed by a high profile campaign, because epilepsy should not have been considered as a cause of death, as Kristian was not an epileptic.

https://finolamoss.wordpress.com/2015/08/21/a-fifth-death-in-st-andrews-hospital-and-an-inquest-finding-quashed/

Two months before Kristian’s death, 4 patients in an 8 bedded ward in the same hospital, also on clozapine, had died within 8 months of constipation, a known side effect of clozapine and all were certified as dying of natural causes.

At the time, the NHS was paying on average £10,000 a week tax free for their ‘treatment’.

https://finolamoss.wordpress.com/2015/08/19/deaths-at-st-andrews-mental-hospital-northampton/

 

 

 

 

 

69% of Children in NHS Out of Area, inadequate hospitals pledged 1.4 billion.

out of area mental

The British Medical Assassination FOIA notices revealed 69% of child and adolescent admissions to mental hospitals in 2016/17 were classed as ‘out of area’

7 out of 10 children are sent away miles from parents, family, school and friends

http://www.telegraph.co.uk/news/2017/05/09/seven-ten-children-severe-mental-health-problems-sent-hospitals/

The highest rise was in south-west England with a 106% increase in inpatients treated out of area, the second being a rise of 92% was in Yorkshire and Humber.

And this is years after a government pledge to end all such placements by 2021.

But instead, the definition of ‘out of area’ appears to have changed to allow NHS England to claim children sent up to 200 miles from home are “in area”.

So children sent from Cornwall to Gloucestershire are not now ‘out of area.’

This new method of calculating out of area placements, only came to light after the BMA’s FOIA requests last year.

After NHS England stated, it had “toughened up” its stance on out of area placements.

So the huge costs of transport, the devastating affect of being isolated with strangers, and breach of childrens and families human rights to a family life, is getting worse, not better.

In 2014 NHS England stated the definition of ‘out of area’ was

where young people are harmed by the distance and disconnection from local services, family and friends”.

Which appears from a Parliamentary Answer last month to have now been reinstated

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-question/Commons/2017-11-15/113338/

But the definition of ‘out of area’, actually used from 2015, was any postcode outside

the footprint of the specialised commissioning hub covering where the patient resides”

And, as each of these 10 hubs, covered many counties, patients could be counted as being treated ‘in area’, even if placed up to 200 miles from their home and families.

Another important matter is the childrens continuity of treatment by their GPs , raised by The General Practitioner’s Council’s deputy chair Dr Richard Vautrey :

These are children who will be looked after solely in specialist centres, so GPs won’t be involved directly with their care during their admission. However they will often be aware of the patient and are also likely to be supporting other members of the family who are often impacted by the distress caused by this situation.

https://www.gponline.com/gps-struggle-support-patients-sent-far-home-mental-healthcare/article/1432889

Patients and their families who are forced to travel for hours and hours to hospital will not have their beds counted as out-of-area. This is a very real harm that is not being accounted for,”
remarked Dr ”BuGary Wannan, BMA consultants committee deputy chair and child and adolescent psychiatrist and added;.

http://www.nationalhealthexecutive.com/Health-Care-News/children-travelling-up-to-200-miles-for-in-area-mental-healthcare

Health and Social Care Trusts’ treatment is increasingly inpatient, and, for profit, as mental services are increasingly privatised.

More and more distressed children, find themselves whisked far away from family, friends and school.

This in itself would be enough to cause a mental issues, let alone exacerbate distress, manifesting itself as an anxiety disorder , anorexia, depression or attempted/threatened suicide.

And what treatment do they receive ?

Medication and containment.

Below are just a few examples of such ‘treatment’ that managed to reach the media.
Amy at 14 in the Priory

https://finolamoss.wordpress.com/2016/11/19/amys-story-nearly-a-million-spent-on-education-and-torture-death-in-the-priory/

George Werb at 15 in the Priory

https://finolamoss.wordpress.com/2016/11/13/how-priorycamhs-treatment-lead-to-the-death-of-george-werb/

Jodie at 15 in Cygnet

https://finolamoss.wordpress.com/2016/12/09/jodies-cygnet-help-no-psychologist-communicationassessment-plan-protection-death-for-21000/

Will and Mathew 12 and 15 Cygnet , St Andrews

https://finolamoss.wordpress.com/2016/12/25/a-christmas-tale-of-autistic-lives-and-cygnets-12500-a-week-nhs-bonanza/

More than half of parents with children in mental hospitals do not feel their child’s mental health improved while in care and a quarter (24%) thought it had “deteriorated”.

448 parents who had had children in Child and Adolescent Mental Health Services Tier 4 (inpatient ) hospitals over the last five years, were surveyed by Young Minds and the National Autistic Society .

In some cases, young people were trapped in inappropriate care for years, with their mental health deteriorating, while their parents desperately tried to find a way to get them out.

The survey revealed 44% of parents felt unable to challenge decisions about their child’s treatment and 52% didn’t know what rights their child has while in hospital.

A third (33%) said they were not consulted about decisions about medication,
And 40% were uncomfortable with decisions made about medication.

Fewer than a third (29%) of parents felt sufficiently involved in their child’s care and 53% were not confident that their child was receiving appropriate care.

More than a third (39%) said their child had not been supported to have a suitable education.

Despite the law providing in s131a MHA ,

.That equal access to educational opportunities as their peers’

How will these children ever catch up with their education, gain qualifications, jobs and a social life ?

And all this ‘treatment’ costs the NHS £13,000 a week on a secure ward, with a minimum average of £900 a day.

.http://www.huffingtonpost.co.uk/entry/children-mental-health-hospitals-survey_uk_58b04626e4b0a8a9b7815c98

As ‘mental’ health moves into schools, and we are told a fifth of our children have a ‘diagnosable disorder’.

Within a mendacious system that gerrymanders ‘out of area placements’ to, at worst , place vulnerable children wherever commercially convenient, or at best, treats them without having the correct infrastructure in place.

Allowing children to linger for years, hundreds of miles away from their families regardless of the damage caused.

We must consider the outcomes of such ‘treatment’ and the huge amount of money spent on it.

And ask why ?

 

NHS pours Billions into ‘mental’ profit, out of Area Placements and Asylum ‘Treatment’.

 

loadsofmoney2

It is 7 years since Winterbourne aired, the head of the Care Quality Commission resigned, and Mencap published a report warning similar abuse could be going on elsewhere calling for the closure of large institutions far away from patients’ families.

And the Government set a national ambition to eliminate ‘inappropriate’ out of area placements for adults ( not children? ) by 2020-21

So what has happened ?

The British Medical Association has been forced to obtain out of area placement figures under the FOIA.

Which show the number had in fact risen by 40% and continues to rise.
5,876 in 2016/17 up from 4,213 in 2014-15.

And the cost of such placements has risen from £108 million to £159 million.

3 years earlier The Daily Mail’s FOIA figures revealed 22 mental health trusts spent £38.2million on out of area placements.

http://www.dailymail.co.uk/news/article-2910370/NHS-DOUBLES-spending-private-beds-mental-health-patients-slashing-hundreds-beds-save-money.html

One patient from Somerset was sent over 587 miles to the Scottish Highlands, another two from Oxford over 532 miles to Inverness and Grampian, a Dorset patient was sent 323 miles to Darlington. and another sent from Leeds to Plymouth.

https://www.theguardian.com/society/2017/nov/13/nhs-cracks-down-on-mental-health-patients-being-sent-out-of-area

The affect of such journeys on mentally vulnerable people and being left captive with strangers unable to see anyone familiar can only be imagined, but could only worsen their mental health.

When David Knight 29, killed himself after being sent 150 miles from home, the Coroner noted the out of area placement ‘very likely’ had a bearing on his death.

Why is this happening ?

We are told it is a shortage of beds, but is it just factory farming, commercial awareness and ‘care pathways’ ?

Before our government ‘transformed’ mental health, people were inpatients for as brief a time as possible, as a last resort in a ward in their local hospital costing far less.

Now they are whisked off by police/ foundation trusts to local acute holding bays, and then on to anywhere no matter how far, to anyone available to receive their £13,000 a week NHS bounty.

If commercially enforced outsourcing of our most vulnerable all over the country to any available ‘facility’ is allowed, what does this say about their treatment ?

UHS owned Cygnet owners of CAMHS were given £300m for 11 new care model programmes to create care pathways for low and medium secure adult mental health services, Tier 4 child and adolescent mental health and eating disorder services.

https://www.cygnethealth.co.uk/news/new-care-model-projectshttps:

Yet at the time some of their hospitals had been rated requiring improvement and their CAMHS services are worsening.

finolamoss.wordpress.com/2017/11/18/uhs-cygnet-behavioural-health-industry-grows-despite-its-inadequacy//

Here is the latest damning Buzzfeed investigation into Cygnet  but there is no UK media coverage.

https://www.buzzfeed.com/patricksmith/cygnet-health-care?utm_term=.jwQKqAB2wg#.pqpqdjpEm5

We have a core of autistic/learning disabled people holed up and newly harvested to mental hospitals.

Any meltdown at home or in public, can and does result in a swift removal by the police under s136 MHA to a local holding bay and then onto wherever hospital is available for years.

According to an HSCIC census, there were 3,230 hospital in-patients with learning disabilities, autism and/ or challenging behaviour on 30 September 2014, with an average length of stay of 547 days and living an average 34.4km from home.

In 2013, equivalent figures were 3,250 in-patients , 542 days and 34.5km.

Despite the government providing local LAs with 136 million to repatriate these out of area ‘patients’ to ‘community living’ near their home, today the figure remains at just under 3000.

https://www.theguardian.com/social-care-network/2015/jan/29/winterbourne-view-two-years-on-report?CMP=share_btn_tw

And we do not know the number of new admissions, but do know Cygnet have built new hospitals for the autistic and learning disabled .

And UHS/Cygnet own most of the local ‘community living’ where the LD/ASD are institutionalised for life.

The first big player in ‘specialised’ mental hospitals was St Andrew’s Healthcare, Northampton, formally The Northampton General Asylum, funded 90% by NHS, and given £45 million to build a 110 bed CAMHS pathway residential unit for those with behavioural issues, autism and learning disabilities .

It now has a 900 bed capacity and is marketed as a national ‘specialist’ service for practically everything -autism, learning disability , dementia, bipolar, anxiety, brain injury, psychosis from anywhere Scotland, Wales, Northern and Southern Ireland .

https://finolamoss.wordpress.com/2015/08/23/why-are-mental-health-patients-herded-to-st-andrews-in-northampton/

In 2012/13, St Andrews then Chief Executive Professor Philip Sugarman was paid £653,000, an increase of more than 18 % on his previous year’s pay.

The current Chief Executive, Gil Baldwin’s basic salary was £328,000 in 2016.

All this is despite unexplained deaths and criticism

https://finolamoss.wordpress.com/2015/08/19/deaths-at-st-andrews-mental-hospital-northampton/
https://finolamoss.wordpress.com/2015/08/25/how-many-deaths-in-st-andrews-northampton-who-is-accountable/
http://www.healthwatchnorthamptonshire.co.uk/sites/default/files/st_andrews_summary_dec_2014_ms.pdf

The latest being a Dispatches documentary.

http://www.theartsdesk.com/tv/dispatches-under-lock-and-key-channel-4

Yet St Andrews was awarded mental health hospital of 2016.

https://www.stah.org/who-we-are/latest-news/st-andrews-wins-mental-health-hospital-of-the-year/

Paul Lelliott, the CQC’s deputy chief inspector of hospitals said
Away from the patient’s home, meaning people are isolated from their friends and families. In the 21st century, a hospital should never be considered ‘home’ for people with a mental health condition’

More than 50 years after the movement to close asylums and large institutions, we were concerned to find examples of outdated and sometimes institutionalised care,”

“We are particularly concerned about the high number of people in ‘locked rehabilitation wards’.

Yet this CQC report says nothing about the effectiveness of treatment, and outcomes for patients, merely going on to list waiting times to harvest for this ever greedy industry and a shortage of nurses.

Promoting the need to throw even more money at private mental to harvest and build new asylums.

https://www.theguardian.com/society/2017/jul/20/thousands-of-mental-health-patients-spend-years-on-secure-wards-nhs

Lelliott also added:
We were surprised at just how many of these wards there were and how many were locked.

We also had some concerns about the fact that they weren’t that discharge oriented, they weren’t actively enabling people to return back to their home environments.

Stays in such wards should be

“a step on the road back to a more independent life in the person’s home community”, and not a long-term treatment option’.

It appears private NHS mental lock patients in, more often than NHS trusts, allowing the maximum £13,000 a week to be claimed, fueling suspicions they hold on to some patients longer than necessary in order to maximise profits.

Mental health charity Mind report patients kept on locked rehabilitation wards are being denied their human rights.

The government has promised 1.3billion to ‘redesign’ mental health in waves .

The total budget of the programme across both waves is around 640 million, representing approximately 35 per cent of the Specialised Commissioning mental health budget (350 million for wave one).

https://www.england.nhs.uk/2017/06/new-sites-to-redesign-mental-health-services/

Nearly a fifth of the total NHS budget is spent on mental, whilst 3.83 million non mental patients wait for NHS treatment and just 7% is spent on GPs.

It would appear, our Mental Health Taskforce’s real purpose is not to improve the lives of the behaviourally disabled and socially distressed, but to make as much profit from them as possible from our public money.

out of area mental

 

The Purpose of Baby P ? Care numbers double. Cuts . Perfect Conditions for Privatisation.

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‘Who would have anticipated in 2007 that within ten years one of the safest child protection systems in the world, based on 40 years of learning and development, would have been churned up and undermined by politicians using the ammunition provided by the tabloid press whipping up public hostility and in the context of politically-chosen austerity?’

Professor Ray Jones , author of the ‘Story of Baby P Setting the Record Straight’
http://policypress.co.uk/the-story-of-baby-p

56 murders of toddlers occurred in 2007, but only Baby P’s was raised by David Cameron at Prime Minster’s question time.

This jettisoned Baby P from a small newspaper column to headlines for months.

And the Sun launched a Justice for Baby P campaign screaming ’social workers had blood on their hands’ until the nation bayed for blood.

http://www.telegraph.co.uk/news/politics/3446333/Baby-P-death-triggers-row-between-Gordon-Brown-and-David-Cameron.html

Cameron declared it “completely unacceptable” that the inquiry be led by Haringey’s own director of children’s services.

Yet Child Protection is still self regulating and even serious case reviews are few.

Tony Blair had legislated safeguarding authorities remit was not to apportion blame, but to ensure agencies were working together and communicating.

And Conservatives had adopted a similar approach in their policy paper ‘No more blame game’

file:///C:/Users/finol/AppData/Local/Packages/Microsoft.MicrosoftEdge_8wekyb3d8bbwe/TempState/Downloads/No%20More%20Blame%20Game.pdf

As a sop to accountability, Blair had created a statutorily accountable role for each Local Authority- the Director of Childrens Services.

This proved useful to Ed Balls who summarily dismissed Haringey’s Director, Sharon Shoesmith live on TV.

Pacifying the public and demoting any dismissal claim to procedural ensuring Haringey’s protection machinations were never aired in an adversarial forum.

But it cost the tax payer over a milllon .

There was no inquiry into Baby P’s death other than a serious case review limited by its no blame safeguarding remit.

No public inquest let alone inquiry.

Trial was by the media but not of the system, just its tools.

A ‘good’ rating in an OFSTED report just days before Baby P’s death was shredded by a 3 month OFSTED retainment policy, and replaced by a new ‘devastating’ report.

Nevres Kemal, a senior social worker had tried to blow the whistle for months before she eventually sent a letter, six months before Baby P’s death (and OFSTED’s ‘good’ report), to the Health Secretary, Patricia Hewitt and three other Ministers. alleging procedures were not being followed and Haringey was ‘out of control’.

Hewitt forwarded this to the Department of Education and Skills, who advised Kemal to write to the Commission for Social Care Inspection, to whom she’d already written to and copied into Hewitt’s letter.

Anyway, by the time of their reply, Haringey had obtained an injunction banning her from speaking out ,so she couldn’t have informed the Inspectorate anyway.

http://www.telegraph.co.uk/news/uknews/3457637/Baby-P-Whistleblowers-concerns-about-care-scandal-council-pushed-from-pillar-to-post.html

Only 7 years earlier Haringey had been publically investigated by Lord Laming , because of the torture and death of Victoria Climbe.

And systems had been put in place ‘to ensure such deaths never happened again’.

But judging from Baby P’s timeline things were now much worse.

http://news.bbc.co.uk/1/hi/uk/7735063.stm

The catalogue of missed opportunities began at his birth and escalated from minor infections to increasingly distressing injuries.

28 different social workers, doctors and police officers saw Baby P and he was taken to hospital nine times.

The last occasion just two days before his death, when doctors failed to spot he was paralysed as his back was broken because he was “quite miserable and crying” and it was not possible to make a “full examination”.

At 17-month-old he had suffered more than fifty injuries over the eight-month period his mother’s new boyfriend moved in , all under the watchful eyes of social workers, managers, GPs, hospitals, etc.

The legal department kept insisting there was insufficient evidence to satisfy the care threshold, yet 80% of care orders were obtained without any physical abuse.

And guidelines advised a court application on a second sign of physical injury.

This staggering inability by everyone to do their job , could surely not be down to just incompetence/communication, it appeared a modus not to look for, or acknowledge abuse.

As the decision had been made that Baby P’s mother should keep him.

She was even videoed as a shining example of ‘rehabilitation’ for social work training purposes .

If this decision were shown to be a mistake, managers would be open to criticism .

Exactly the same attitude had allowed the torture and death of Victoria Climbie by her approved foster carers, Lord Laming remarking;

This Inquiry saw too many examples of those in senior positions attempting to justify their work in terms of bureaucratic activity, rather than in outcomes for people.”

But his words had not been heeded.

Did things change under the new £200,000 a year Director of Childrens Services ?

Read here, how Haringey dealt with a complaint just 3 years later.

Revealed after a 22 month fight and crippling legal costs forced Judge Anthony Thornton’s judicial review to draw the “inescapable conclusion”, that the authority had illegally escalated its abuse inquiry to the highest possible level purely because the mother had the temerity to complain.

And had broken all guidelines by telling police, the family GP and their child’s school that the child, EF, was the suspected victim of serious abuse – without any supporting evidence.

http://www.telegraph.co.uk/news/uknews/law-and-order/9977557/Haringey-council-tried-to-crush-our-family.html?fb

Here are a few of the cases where Haringey has failed children that managed to get out;

The scandal of the removal of 7 children to care from the Nigerian Musa family

THE MUSA FAMILY – 7 stolen children – A TINY, SHOCKING PART OF WHAT HAPPENED TO THESE VISITORS TO THE U.K. + archive

http://www.independent.co.uk/life-style/health-and-families/health-news/special-report-haringey-childrens-services-they-said-things-would-change-after-baby-peter-8919210.html

http://www.dailymail.co.uk/news/article-2942474/Social-services-rocked-Baby-P-scandal-centre-new-probe-six-month-old-boy-dead-head-injuries-Haringey-Council-knew-immigrant-mother-killer.html

Department of Health figures show that over 20 years, the number of children in care has more than doubled.

In the year to March 31 1995, there were 5,800 “looked after” children of four years and under.

In 1998 there were 8,200

2010- 11,200,

2011 12,300

So the  sensationalism of Baby P had worked.

But has all the extra money spent on child protection improved outcomes for children ?

We have no evidence that it has, outcomes for those in care are known to be grim.

And, as  for those adopted there is little research.

Nor, do we know if it even reduced the number of children being seriously harmed or killed by their parents.