“The danger/use of removal of ‘capacity’ under The Mental Capacity Act 2005.
Parent carers report, the assumption seems to be, that if a person has learning disabilities, then they don’t have capacity to make their own decisions”.
http://www.publications.parliament.uk/pa/ld201314/ldselect/ldmentalcap/139/13907.htm
This is illegal under the MCA, Autism Act 2009, Equality Act, and Article 12 EU Rights of the Disabled Directive.
A finding of ‘incapacity’, allows removal of liberty by the Court of Protection to and in private providers specialist hospitals, and residential care.
Every decision of the ‘incapable’, is then made by this placement provider, who owes its overriding duty to efficiency, and, corporate profit.
Family cannot represent their loved one in the Court of Protection this is done by an Official Solicitor chosen by the state.
Nor do they have an right even to take part in the state decision making process as to where their loved one lives or is treated.
In fact they can and are being excluded from even visits to their loved ones under an MCA ‘best interests’ decision by the for profit service provider..”
The Francis report stated that systemic, organisational and individual failings contributed to “the normalisation of cruelty” in Mid Staffordshire NHS Foundation Trust.
The 2012/13 Annual Report by Healthwatch England showed 94% of the public agreed that the NHS and social services, could be improved.
1 in 3 of public surveyed, knew someone, who they believed, had experienced a serious mistake, abuse, or a preventable illness or death in a health or social care service.
All local authorities have now combined with the NHS to form Health and Social Care Trusts.
Last year a report revealed 3 learning disabled a day, died needlessly in NHS care
But these statistics can only be based on deaths that are investigated.
And SLOVEN NHS revealed it only investigated ONE in every 100 learning disabled deaths.
Which they justified as follows:
“National data on mortality rates confirms that the Trust is not an outlier. We believe…
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