Justice For Families

Following on from the previous post -here is a summary from the council news.

I will PM NRP the e-mail address.

NEW LAW ON MENTAL CAPACITY

Landmark legislation has been introduced to protect vulnerable people who are unable to make their own decisions.

The Mental Capacity Act,which is now in force across England and Wales,also provides safeguards for staff working in health and social care.

In all,about two million vulnerable people are likely to be affected by it,as well as informal carers and social care and healthcare staff.

The Act provides the legal basis for making decisions on behalf of people who are assessed as lacking capacity. This could be because of dementia,learning disability,mental illness or acquired brain injury,or as a result of treatment or intoxication.

The key points are:

Everyone is shown to be capablr unless it can be shown otherwise-no-one can simply be labelled permanently incapable.

Each question of capacity has to be decided on its own merits and in the person's best interests.

There is a right for families and carers to be consulted about their relatives care and treatment-again,in the person's best interests.
Health and social care staff are given certain safeguards from liability and a new code of practice.

There is a new statutory advocacy service for people who lack capacity.

Anyone can plan ahead by a time when they might lack capacity,using new powers of attorney.

It goes on to say,in this area,a network of organisations,led by the council and including health trusts,police,adult protection and the independent care sector,is in place to oversee the working of the new law.

A unique mental capacity service is also being set up in the county to provide a specialist resource for health and care professionals.

More info about the mental capacity act etc etc

What I can see happening is more cases of parents with learning disabilities and mental health problems being falsely diagnosed with this lack of capacity.

SS must be rubbing their hands. all the parents they dont want to keep their children,like huge numbers of the learning disabled,they can just get the official solicitor out.

There is and is going to be massive abuse of this act by a family court system that is out of control.

What I can see happening is more cases of parents with learning disabilities and mental health problems being falsely diagnosed with this lack of capacity

Yes I do see that becoming a problem in the future on a much greater scale than it is now (John said there were 340 adoption cases involving the OS since Jan 2006) because it's so easy to do with the SS’s dodgy experts, yet with any scrutiny this abuse of the mental capacity act would be so hard to achieve for the SS, the act is quite clear so there’s no problem with the mental capacity act but rather the old story of the crooked SS.

It’s quite clear to anyone with half a brain that if the person affected by these issues did in fact seek legal advice then they have a pretty good idea of what is happening & understand it, backed by their own instructions to the solicitor saying ‘I want you to fight the case & hopefully win’ & then going through each report picking up on false information & putting the solicitor straight & keeping the solicitor updated, then it is nigh on impossible to say that that person ‘can’t instruct a solicitor’ & is something that can be proved where as MSBP is like fighting against an invisible man.

Isn't it a shame that SS are so crooked that they again use this act to get their wicked way.

We all know their experts are dodgy and just hired guns.

SS try to reassure the public that these experts are fully qualified professionals so would not do anything unethical!!!!

When £6000 a report and higher is involved they kwow where their bread and butter lies.

It is the same with independent investigators they will whitewash as they know if they dont they won't get any more work from SS.

SS should not pay these people . I know the Gov is setting up a group of NHS expert witnesses as it will be cheaper and they will not be dependent on SS for funds.

You might want to read part 1,2 and 3 of the mental capacity act 2005.