Duty to inform parents and to keep secure accommodation under review. Regulation 14 provides: Where a child to whom section 25 of the Act applies is kept in secure accommodation in a community home and it is intended that an application will be made to a court to keep the child in that accommodation, the local authority which are looking after the child shall if practicable inform of that …
Presumption of Capacity.All adults have the right to make decisions for themselves unless it can be shown that they are unable to make them. You can’t assume someone can’t make decisions just because they have a particular disability.
As the Nearest Relative to my daughter Elizabeth I have received notification of a Hearing to take place tomorrow. I had thought I was exercising my right to appeal against renewal of Section 3 of the MHA which is now coming to an end. Today has been a dreadful day. First of all Elizabeth phoned me and told me that she was advised she had to have a solicitor appointed through the hospital because there is a Section 25 Hearing tomorrow. I was alarmed because Elizabeth already had a very good solicitor appointed. I am always deeply concerned when solicitors are displaced by the hospital in favour of recommended solicitors. I telephoned the MHA Office of Chase Farm Hospital and Elizabeth said she was not happy and felt pressurised and with a new firm of solicitors appointed, recommended by the hospital, on the very day of the tribunal itself, how could Elizabeth be treated fairly. How could they have gained any knowledge of the case at the last minute? I also found out that having only just received the paperwork for this Hearing it is a Tribunal relating to Section 25 where Elizabeth could end up in a secure care home with no contact with her family. Elizabeth wants to go back to her flat and has made that clear.
I was up all night long altering and amending their reports for the Hearing. I can honestly say they were full of error and written deliberately to fail the tribunal. Behind your back they can rip you to pieces and to think these are supposed to be caring and kind professionals. It is sad to say they do this not just to the parent/carer but to a vulnerable person making them look so bad and contradicting themselves in the process. They have made out Elizabeth is dangerous and too dangerous to be in the company of her mother which is absolute rubbish because I have been granted leave for the past two days and there is no way this is true so why write such lies?
I’ve already mentioned past history is wrong and nothing has been done to rectify this.
I’ve already mentioned they have been giving wrong medication previously found to be allergic to and depriving Elizabeth of an autism assessment and failing to acknowledge that she has complex PTSD because she was multiply abused under their care.
The issue is Elizabeth has an independent council flat and it would appear they do not want her to have this flat. She has been visited by the RC of Suffolk Ward who tried to coerce her into going into a care home and Elizabeth who has FULL CAPACITY on where she wants to live said no to the care home and she wants to go back to her flat. Whilst there were problems which did lead to Elizabeth calling police and they called ambulance this was the fault of her care coordinator and ENFIELD COMMUNITY REHAB as if they could not find suitable care her mother and NR most certainly could and JR solicitors said we had a good case but then unlawful paperwork was drawn up to section Elizabeth because they were forced to produce their care plan full of error. There was also mention by the RC of Suffolk Ward of a rehab facility (presumably locked) but Elizabeth did not wish to go to such a place wherever that could be. After all who can blame her. She has been sent here there and everywhere under Barnet Enfield and Haringey MH Trust and has told me how awful her treatment has been.
So it is one thing having awful treatment but it is another thing when the Mental Health Act fails to protect vulnerable people. So they have put Elizabeth on depot injections and this is the issue. Elizabeth does not like taking the medication but has agreed not to stop it abruptly. Elizabeth went downhill through WITHDRAWAL SYNDROME, not illness, when she stopped the drugs cold turkey. Now she is on depot injections depixol and this is why they want her locked away as a matter of convenience and for her liberty to be deprived in a secure care home. The last care home was Phoenix House rated good by the CQC but I can prove this but Elizabeth had no food at the weekend. They refused to give the Clozapine when requested when Elizabeth wanted to stay at home and this led to Elizabeth being without this drug for FOUR not two days. My story “Get her back we are paying for that” describes what we went through – First of all “Deprival of medication community care” Irwin Mitchell then Court of Protection deprival of liberty and forced return to a care home where Elizabeth had NO FOOD AT THE WEEKEND. PHOENIX HOUSE STEPPING STONES NORTHAMPTON. I very much respect the Court of Protection who treated us fairly on two occasions and if they had forced my daughter to return to this dreadful place she would have continued to be without food at the weekend. I was not happy that an expensive report by a Consultant Psychiatrist appointed by Enfield LA had huge error. The report found Elizabeth to have capacity but stated the wrong Council as Applicant and I complained about this quite rightly so. Why should any other council be named in a case associated with deprival of medication community care leading to DoLs and forced return to a care home where Elizabeth suffered abuse and neglect. The team behind this was ENFIELD COMMUNITY REHAB TEAM and in my previous blog where Mehdi Veisi and Amanda Pitman have accused me of being aggressive, abusive, you name it and labelled me as vexatious complainant I have been given only two points of contact which are Pals where the email address bounces back and you cannot get through on the phone and the other name is Lucy Omezi of Enfield Community Rehab. This has led to me having no choice but to write on my blog and on Twitter.
Anyway, Court of Protection case was in 2014. Then I was taken to court again to the RcJ in 2017 at such short notice I was not given the correct court details. I had rushed to get up to the court and was guided to the wrong court but they displaced me as NR behind my back then I went to visit my daughter in hospital at Chase Farm, Suffolk Ward and the nominated AMHP told me to leave the visitors room and announced LONDON BOROUGH OF ENFIELD were now the Nearest Relative “lets face it your mother is not fit for this role” – words to this effect. I felt the same about her as she knew something had happened to Elizabeth at Moti Villa yet tried to blame Elizabeth’s frequent hospital admissions on me when there were massive problems at this scheme and drug dealers on site. I was then called to the next Hearing at RcJ. This time I was properly notified of the correct court and this AMHP DM remained as nominal NR, pending the fact the Judge wanted to meet Elizabeth who was treated like she was invisible. Elizabeth had to undergo a capacity assessment and was found to have capacity. This was done properly and independently not by social workers who can say a pack of lies behind your back. I attended a further hearing where the Judge said she must undergo that capacity hearing. Then the nominal NR appointed by LB Enfield gave the Judge some papers in the Hearing and the Judge asked if I had seen them to which I replied no. Two social workers under Enfield had visited Elizabeth when she was not well and presented the result of their interview to the Judge. It was my first time representing myself in court and I thoroughly enjoyed representing myself. The judge even complimented me on the vast evidence I produced as to why LONDON BOROUGH OF ENFIELD would not make suitable NR. I took their piece following that negative interview and I corrected it and forwarded it to the Judge’s clerk. This caused uproar and I was told this was not the correct procedure but then how could it have been the correct procedure for this social worker to hand such nasty comments to the Judge in such an underhand way. I was then threatened with £5000 in a consent order and that if the court case went ahead further I was warned I would get enormous costs. I was then forced to delegate my role for a term. So my two daughters were approached by my daughter’s solicitors R N Law in this connection. Elizabeth was told that her mother would get enormous costs if she did not choose an alternative NR and then my younger daughter was approached also along these lines. Social services were told to call a meeting which I attended and two others from the family. The Manager of Enfield Community Rehab stated that it was considered fairer for a family member to be appointed as NR rather than their nominated AMHP who went right back to 2011 when Elizabeth was multiply abused at her scheme in the community. Anyway I realised when the term of the section had expired and on checking with the RcJ that I was in fact NR I then requested Elizabeth’s release. Then they tried to send me another consent order but I just crossed through the paragraph that said I would be liable for £5000 costs. Why should I be liable for costs when they dragged me to court.
Now I am alarmed that there is yet further threat by Barnet Enfield and Haringey MH Trust and Enfield Council.
There is a nothing but error/nasty comments in their files for tomorrow’s Hearing which I requested to be cancelled because Chase Farm Hospital will not release all the reports. So far I have corrected the Addendum to Dr M’s report at Elysium and the Social Circumstances Report by her care coordinator PM based at Enfield Community Rehab. There was so many errors it took me all night to correct one report.
So I do not wish this Section 25 Tribunal to go ahead because Chase Farm Hospital have refused files.
Complaints have been sent by more than one person and I myself am going to complain also. This shows how Hearings behind closed doors can be rigged to go against you especially when the court decides to exclude a very important witness such as a McKenzie Friend that both Elizabeth and I would like to attend.
So my solicitor has complained. Elizabeth’s solicitor contacted the courts and tribunals service today as Elizabeth who has FULL CAPACITY wanted HER solicitor not one appointed by Chase Farm Hospital.
I have spent two wonderful days with my daughter after being apart from her for 6 months with hardly any contact. I took her yesterday to various appointments. We went to the chiropodist as Elizabeth could hardly walk prior to first lockdown and I managed to get her an emergency appointment as Elizabeth was in agony and suffering much pain. That was all sorted and yesterday’s appointment was just for a check-up. We then went to Specsavers and Elizabeth had to get her eyes tested and we paid extra for a more intensive investigation. Throughout these appointments, the latter which took a long time, Elizabeth was calm and pleasant. Same today when I picked her up from Chase Farm Hospital to take her to her flat and for lunch. Two days running and no problems what so ever with Elizabeth’s behaviour and a pleasant time spent together.
So you can imagine how I feel that a team of professionals are trying to stop Elizabeth from going back to her flat and are describing her as “dangerous” and a threat to me as a mother which is untrue.
Such comments are fictitious, showing LACK OF INSIGHT and are COMPLETELY UNTRUE. The Hearing reports are misleading and written to fail the tribunal and there is nothing but errors contained therein.
How can you hope to succeed in a Tribunal that is closed to the public and held in secret. Three members on a panel – Judge, doctor and lay person which must cost a fortune.
They are worried about Elizabeth managing in her flat but today she impressed me as was able to cook herself something – had not forgotten how to do things and she would not be on her own as I will stay with her overnight.
What would have been nice is if respite at a care farm could have been provided as Elizabeth likes animals.
Elizabeth was so thrilled to see her cat and the pigeons that visit her flat balcony.
They claim to know us as a family but these professionals do not include family at meetings and make false assumptions producing one report after another wrong and misleading.
This is why we need Open Dialogue but only some areas of the UK welcome change. I will never forget Elizabeth and I taking part in Open Dialogue with professionals who wish for positive change. Elizabeth started off the discussion all about how she was taken to the court of protection in 2014. Like I say I have nothing but respect for this court as far as we are concerned.
I do not know whether the Hearing tomorrow can be postponed as Section 3 ends on 4 December and if this was a fair area, they would suggest voluntary stay on the ward whilst the Tribunal is held at a later date when they finally produce the paperwork they have refused to give to my solicitors.
I think it is good that i am allowed to take Elizabeth to her flat and she is thrilled with all the improvements since she has been imprisoned here there and everywhere for the past 6 months without any leave up until now.
What I would like to see. I would like to see Elizabeth home for Xmas. I would like to take Elizabeth to Norfolk where other family members live. It is said when both the care coordinator and RC of Suffolk Ward, Community Rehab want her to go into care and secure care. This is not what we as a family want. It is not what Elizabeth wants.
Whilst Elizabeth cannot come off the injections she is forced to take, these should be slowly and gradually reduced. Sadly Elizabeth is in this position because she took herself off cold turkey Risperidone previously found to be allergic to.
I would like Elizabeth to be treated fairly most of all and not be put in a position by these professionals where I can never see my daughter again. They are so very wrong in what they are doing. They have destroyed my happiness and my life.