Those of you with a modicum of legal knowledge will be saying ‘but surely he can get legal representation and go before the mental health tribunal – I’ve read about cases like that?’
No, he can’t, he has no access to the Mental Heath Tribunal – Autism isn’t a mental illness. This action isn’t being taken under the Mental Health Act – it is being taken under the Mental Capacity Act. Under the MCA he only has access to a ‘Best Interests Assessor’ – who is appointed on a consultancy basis, and paid, by…..the Local Authority.
He can be deprived of his liberty for up to a year, which period can be renewed indefinitely, for the purpose of ‘assessing’ him – see above – being sent to Wales to ‘assess’ why he is unhappy at being locked up.
The only Court to which he has access – purely for ‘appeal’ purposes, is our old friend, the secretive Court of Protection. Assuming that Stephen can figure out how to make an application to the Court and represent himself….
As it happens, the Local Authority have already done that, not on Stephen’s behalf, but on their own behalf. They wish to have a full ‘Welfare Deputyship’ so that there will be no awkward parent demanding the return of their child – and his support package. It will be their decision where he lives.
Friday, December 10, 2010
Latest exhibit warning of the dangers of universal healthcare
The Orwellian Present: