That was the message of a damning Court of Protection judgement, published this week, regarding Somerset council’s actions in keeping the 19-year-old woman in residential settings for a year with restricted access to her family, following a safeguarding probe."
"Judge Nicholas Marston said the council had shown a "blatant disregard of the process of the Mental Capacity Act and a failure to respect the rights of both P and her family" under the European Convention on Human Rights (ECHR)..."
"P had lived with her family from birth until last May, when she started a two-week respite placement while her mother went on holiday. After respite staff found bruising to her chest, the council initiated a safeguarding investigation."
Steven Neary with his Dad - another deprivation of liberty abuse"On the basis of a paediatrician’s report, a strategy meeting had found that it was "highly likely that P had received a significant injury from someone or something other than herself".
"When P’s mother, known as M, returned from holiday, the council staff said P would not be returning home because of the investigation into the bruising. A capacity assessment had found that P lacked the capacity to decide whether to return home, though M requested that she be returned home immediately."
"However, the paediatrician’s report had been made without the knowledge that, three days before starting the respite placement, P had been seen hitting herself on the sternum by her school teachers. In addition, neither the paediatrician, nor the strategy meeting, were aware, that, on the same day, she had also had to be physically restrained on a school trip after knocking staff members to the floor and pulling hair."
http://www.communitycare.co.uk/2014/09/26/council-unlawfully-deprived-woman-liberty-due-ignorance-mental-capacity-act/
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