Court of Protection ruling being flouted by social services

Added: (Wed Feb 01 2012)

Pressbox (Press Release) - A seminal Court of Protection ruling regarding the removal of vulnerable adults from their homes continues to be defied by social service workers, a leading human rights and community care solicitor has said.



The comments have been made by Mark McGhee, a partner at Fentons Solicitors LLP, and relate to the Court of Protection ruling in the case known as “G v E” – made by the Honourable Mr Justice Baker in March 2010 – which made it clear that removing vulnerable adults from the family home was subject to the Deprivation of Liberty Safeguards (DOLS) introduced under the Mental Capacity Act.



McGhee said that some local authorities are failing to abide by the law, despite the ordeal that his clients went through in the aforementioned case.



“The G v E case was an outrage, one in which a whole family unit was torn apart on a whim,” said Mr McGhee. “My clients had hoped that their case would put an end to this kind of arbitrary act, and end the pain and suffering of families who can have their lives turned upside down in an instance by social services departments, Adult Safeguarding bodies, local authorities and NHS Trusts. But instead, it would seem that the Court of Protection still has to deal with a stream of similar cases, and it has to stop.”



McGhee said the G v E case relates to a human rights violation that was sparked by the school where an adult with learning difficulties, referenced here by an alias, attended.



“In April 2009, the school approached the authority to report concerns after Michael had made comments about a cupboard to someone at the school," the Court of Protection solicitor explained. "They immediately inferred there was some mistreatment or something amiss at home. Shortly after this Michael’s mother ‘Anne’ had quite properly reported to the local authority – Manchester City Council – that during a recent holiday he had become agitated and aggressive, something he had not done previously.



“Before Anne knew what had happened, the social workers took the view that Michael should go into respite care and he was whisked away while the authorities ‘investigated’.”



McGhee said that Anne, Michael's foster mother and full-time carer for more than 14 years, wasn't informed of where he was being taken, nor was she permitted to speak to him.



McGhee was speaking as part of BBC Radio 4's 'File on 4' programme. According to data he had received, the Court of Protection – the specialist court handling cases where people lack mental capacity – is currently dealing with hundreds of similar cases.



He said that cases such as these suggest that many local authorities are confusing 'safeguarding' issues regarding 'best interests'. He said these authorities are "blatantly failing to appreciate that they do not have the powers to simply remove people from their homes without sound evidence and good reason".



For more about the Court of Protection, visit our Court of Protection page or call 0800 1594 049.