Here to help with questions relating to learning disability and its impact on family carers
Parliament debated the petition you signed – “Prevent avoidable deaths by making autism/learning disability training mandatory”
The petition: https://petition.parliament.uk/petitions/221033
The Petitions team
UK Government and Parliament
Take a look. I have tried to give an overview of the issues and Rescare’s concerns, and realise that there is a lot there to read.
This is a ‘hot topic’ within the general media, e.g. the stories in the press and online today about fast food outlets (“More takeaways on high street despite anti-obesity push” (BBC News) ) . It will I suspect be impossible to keep up with, and report on all developments.
I will however attempt to generate updates on what I have already posted; and the intention is to use the webpage as a ‘baseline reference’ to cite when raising the issue in correspondence and emails.
* I took the opportunity to have a tidy-up of the menu structure as a whole at the same time.
(To be specific, the time was 8:42 am, and the relevant discussion can be heard online at time-point ‘2:42’ of the broadcast, available online at bbc.co.uk/programmes/b0b90pym#playonline ).
Rescare has campaigned on this issue since the Mental Capacity Act was implemented. We have first-hand knowledge of how unsuccessful most of our members (parent carers) have been in any applications for welfare deputyship. On this website, their is an earlier blog post on this theme, entitled ‘The Eye of A Needle’!
Rook and Monckton argue (like us) that the practical reality of the implementation of the Mental Capacity Act has been the dis-empowerment of family carers and parents; while conversely social workers and care departments have been allowed to take more best interest decisions – although those decisions are increasingly based not on best interests alone but affected by financial and policy considerations. In answer to the interviewer’s question, they explained that they were well aware that there are degrees of incapacity; that they were concerned that the views of adults with some capacity are not sufficiently sought or considered, and that the best interest assessment of those with more serious conditions is often flawed.
The interview is well worth listening to. It will be available online for the next month. We will update you on developments…
PS. Rook and Monckton’s petition to the court was crowd-funded. I think we owe a debt of thanks to all those who contributed.
It is with deep sadness that we must inform you of the death earlier today, 29th March 2018, of Rescare’s founder, Richard Jackson. Richard was the motivating force behind the foundation of Rescare in 1984, and served Rescare in the roles of Chairman and latterly of Honorary President. Many members of Rescare will have met or spoken to Richard over the years. In 1994 Richard was awarded the MBE for his services with Rescare on behalf of people with learning disabilities, their carers and especially family carers. Our thoughts are with Richard’s family at this sad time. A full obituary will appear in due course on this website and in Resnews.
Rescare covered the issue of DOLS and the repercussions of the Cheshire West case in several articles in Resnews, our newsletter to members, in 2016 and 2017. One of the repercussions of that case was that the Court of Protection became clogged with literally thousands of DOLS applications from local authorities, despite various attempts to develop a fast-tracking mechanism. The feeling of many was that the current situation re DOLS is unsustainable, not least the Law Commission, who in March 2017 called for DOLS to be replaced ‘as a matter of pressing urgency’.
We are grateful to the 39 Essex Street chambers for alerting us to the following in its latest ‘Mental Capacity’ bulletin:
Whilst we await the Government’s response to the Law Commission’s Mental Capacity and Deprivation of Liberty report, the Joint Committee on Human Rights has launched an inquiry into ‘the right to freedom and safety: Reform of the Deprivation of Liberty Safeguards.’ Continue reading