Do you think it is right to leave a family out from DOLS for my incapacititious adult son renewals and prevent contact with Family who has done no wrong while, they lie and sya “P has full Capacity” but, P is being Deprived of his Liberty. I need help is the COP. Not seen P for 9 years and now is the time to make in roads into this unlawfulness.
Agree but, what happens when Independent Psychiatrists always concludes LACK of Capacity while, the devious LA uses their friends {NHS} to write the opposite {P has Capacity}? In the meantime, P is of Unsound Mind, does not the difference between Right and Wrong is under a Regime and they unfairly keep the innocent Family OUT. Isn’t this unlawful and an abuse of powers?
Hi to all you lovely people,
While I respect your topic, I was wondering if any of you can help me to get a Capacity Assessment {which I will pay for} for my incapacititious son. Under shambolic circumstances, we have not seen him for 9 years and a Judge in the COP knows this and asks me to make an application for Contact, which will require this assessment.
I would like representation please.
Many thanks, write soon
Kind regards
Danny
The first thing to say is please do not say anything on this public forum which could identify your son or his whereabouts as this may be contrary to a Court of Protection order/injunction given that you talk of a CoP Judge being involved.
It would seem that you may need confidential legal advice from a solicitor.
The current list of accredited Law Society panel members for CoP welfare matters can be found here: Mental Capacity (Welfare) Accreditation | The Law Society
The list of members is under the heading “current members” and is organised geographically. I would suggest you contact the nearest accredited representative to you and have a chat with that person.
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Thanks Ian. I am fully aware of anonymity in family court. It is just the utter inhumane manner in which advocates do their work while, it is unlawful, unjust and unacceptable. It makes one wonder, is this what they studied early n their career. Most of those Sols that you recommend states “Sorry, we don’t have the capacity to assist” and that is very frustrating.
Hi,
As an Independent Mental Health Advocate and an Independent Care Act Advocate, I just want to clarify that advocates don’t do capacity assessments. We support people to understand, and contribute as fully as possible to, the processes that they are going through, which, in brief, affect their rights and their care and treatment. We are not solicitors.
I am unsure what your meaning is when you say “the utter inhumane manner in which advocates do their work” and wonder what the circumstances are that leads you to think that? All advocacy services have a complaints procedure if you have experienced a poor service.
Best wishes,
Chris
Hello Danny,
You can get an indy cap assessment from various places, here is one:
It’s not worth making accusations against the ‘professionals’ involved unless you have evidence and make a formal complaint. The more personal you get with them the more they will go against you.
AJM
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The Mental Health Lawyers Association publish a list of their members who are able to take on Court of Protection cases: https://www.mhla.co.uk/find-a-lawyer/court-of-protection-lawyers/. There is likely a large overlap with the Law Society’s list which Ian posted above, but you might find some useful contact details.
@ChrisD I think Danny was being critical of lawyers rather than lay advocates.