As I put my money where my mouth is I am prepared to pay up to ÂŁ2500 of costs, in excess of the ÂŁ450 limit, for the information. I will make no profits nor acquire any material or non-material advantages for my costs. I have taken action purely in the interests of what is right and upholding the Will of Parliament.
If get fobbed off by NHS England I do not intend to curl up in a ball and sulk. Iâll move on to the next pubic authority that may hold the information. I could well expect to be told âAsk the CQCâ and there I shall go next. But NHS England is the true guardian of statutory power in health services - thatâs why I went there first. No one is above the law (except certain persons on the other side of the pond).
The information I may receive eventually can be used for Judicial Review - which I may fund myself or crowd fund. And I do not seek any material or non-material advantages by doing so.
A show of support from learned persons in this forum would assist my morale, as I expect to be sent packing by the authorities.
I am grateful for your kind and not so kind comments.
I wish you good luck on your tough journey.
It seems incredulous that you have to take such action.
There area already clear guidelines with the various acts.
The CQC as a complete waste of time and are not fit for purpose.(Should be shut down)
If a so called regulating body can not take action when presented with things that do not comply with legal and practice requirements then this action you are taking seems to be the only way.
Many thanks but I do not rely on luck from any source. I create my own probabilities to achieve my objectives.
Stale news! But good to hear it again. LOL!
Too right! Iâve proved in another other thread from FOIA data on S62(1) situation, that they are instrumental in breaching their own code of practice (MHACOP) -
thereby causing all too willing psychiatrists needing to protect their food, to defer duties to nurses for PRN medication under said S62(1)
and practically indefinite prescribing under S62 for whenever a SOAD turns up.
But. butâŚI sharpen my axe in readiness.
The War Room is on high alert! DEFCON 1 SITUATION on a number of issues.
Hi, I read your FOIA and also part of your blogs.
Overall, what type of changes are you expecting if there is a Judicial Review? A more defined and flexible interpretation of the sections in question?
The aims and objectives of any Judicial Review are to say âYou canât just continue as usual like itâs nobodyâs businessâ. You will be held to account.â
Winning a case is not the big objective. The lagal objectives of JR can be found on the Internet.
Whatâs happening across the land is that everybody knows of lots of things that are wrong. But nobody is willing to take action. Itâs like bystander apathy.
The S135/136 issue is just the tip of an iceberg. I chose it because itâs one of the easiest to find evidence on.
I admire you Russell. I think it is a brave ethical and principled stand. I think I have already said in this total thread, but if not here it anyway, that in my belief, illegal de facto practices have come about by default because of 14 years of gigantic cuts in resources, budgets and services in the health and social care sectors since 2010 , and the Police and Crime Act 2017, which reduced the total time s.136 and s.135 lasts from 72 to 24/36 hours. All the agencies that currently have to âfudgeâ the legal issues associated are not, in my belief, flouting the legal boundaries because they feel like it. If your FOI request results in any follow up, there is a catâs chance in hell that any extra resources will be transferred into mental health services to allow agencies to keep within the law. This bleak situation will not improve for many years. So, in conclusion, I hope you donât have too many expectations that the system will operate within legal boundaries any time soon. The best it could get is that everyone can approach government and tell them that it is not on!
These are my views. I could be wrong of course.
Keep in mind that Iâm âa forensicâ - as is conceptualised by many in circles outside of âforensic psychiatryâ. I have never had to cope with S135/136 related matters until 5 weeks ago. But I venture into âdistant landsâ to gain a fuller perspective on whatâs happening in UK psychiatry - so I delve into LD & Autism Services, Acute General Psychiatry, Older Persons Psychiatry, ADHD etc etc. My stint 5 weeks ago brought me face to face with this issue - which nationally seems to have been dealt as within the framework of a ânew normâ (post 2017).
As you may not know, âforensicsâ have been said to live in âdifferent worldsâ, are âpedanticâ, ânit-pickingâ, âoverly philosophicalâ, and âdisconnectedâ. How do I know that? Cuz when I lurk among âother servicesâ, those who havenât caught on as to my âforensicâ status would blurt out such comments. And of course before I became a âforensicâ, I also knew what the word on the block was. Whatâs the relevance of that? Read on.
Step back and think about what you said,
That encapsulates very well the ânational sentimentâ. As Iâve said several times before in different ways: The crowd determines what is to be done or not done - it harks back to primordial âherd instinctâ. So - âeverybodyâ knows that the situation is real and nothing will change - therefore everyone or no one takes action, simply because taking action will be seen as an exercise in futility. We ought to know that that sort of mindset arises from the Seligmanâs original âLearned Helplessnessâ (late 1960s). But I say that in a new era well past all that, and into the era of âForced Hopelessnessâ. And now here I am âa forensicâ fighting where everybody else has been pushed into inertia. [Caution: I am NOT taking aim at you personally or professionally. This is about the national mindset/sentiment.]
We often refer to âhearts and mindsâ - where are they? Elsewhere - once itâs not your relative banged up in a gap between âlawsâ. I seen and heard enough of whatâs going on in S136 suites. Most of the cases arriving there will be in the spread between âsubstance relatedâ and the all too popular âEUPDâ. Of course some will be the âbarn doorâ person with pure psychosis or depression. Nonetheless most of these people willl be at the lower socio economic strata of society, limited in their mental estate and means to take action. Many donât know whatâs what - they have âno millions or billions to loseâ. Oh no - you wonât find the likes of Musk, Branson or Dyson being banged up in a S136 suite, will you?
But now as there is accelerating momentum in the UK to kick out Human Rights law in totality - oh yes read about it. Large swathes of the general public have been so influenced by our âmastersâ in order to stop the boats firstly and because Human Rights laws have created âludicrous situationsâ in our courts. So any fight for Human Rights concerns is weakened at its base. [Iâm an Human Rights Defender (HRD) - recognised as such by Amnesty International].
So - I very well know that my fight has a high probability of losing. HRDs dare to lose.
Well, whenever. Iâm supposed to know - âthese things take timeâ (not a quotation of the RCPsych, just in case). In the mean time everybody can remain in limbo and collective inertia - aka forced helplessness.
The way of âThe Empireâ is that individuals must wait until higher authority takes action. Tough - I donât do âways of the Empireâ!
[AI generated image - I own the copyright, just in case]
My status as HRD means that I donât stop - only death, incarceration in a Cat A facility or blacksite, or acute incapacity from illness stops me.
Having sent out 20 requests to ICBs (after learning that NHS England doesnât have the data), one ICB has returned to say that they donât have the data.
Plan A - was FOIA NHS England Plan B - was FOIA ICBs
What âeverybodyâ expects is that Iâll roll over if each ICB in turn says the same thing.
Well here is Plan C:
There are around 215 NHS Trusts in the UK.
I can easily dispatch 10 FOIA requests/per day, in 20 min. [I know how quickly I can send off, because I have kept a log an timed myself]
So I reckon that all Trusts in the land can be FOIA-ed within 28 days.
But good to hear it again. LOL!
