The Orwellian Present – Never Mind the Future. Court of Protection.
‘Just off the coast of Autonomy, across the Bay of Good Intentions, lies the fog shrouded Isle of Best Interests’.
If you have arrived at this blog today looked for cheer and sympathy for your woes – snow bound, central heating boiler broken down, redundancy imminent, then I am sorry for you – but you would be better off elsewhere.
My post today concerns a young man who needs our help and support.
Steven Neary is a 20 year old man with Autism trapped in a Kafkaesque nightmare.
It is a story that should be trumpeted from the front page of every main stream newspaper – but it won’t be. They will keep silent.
Autism is a ‘broad’ word, describing a wide spectrum of conditions with defining characteristics involving a difficulty in communicating with other people, and a restricted range of activities and interests. It can range from the mild to the profound. It is most definitely NOT a mental illness.
Some of those on the milder end of the Autistic spectrum are able to operate in ‘our’ world with relative ease, by choosing occupations such as computer programming where the ability to concentrate on repetitive tasks and not to be distracted by idle chatter is highly prized – almost certainly the software that allows you to read this post involved people who might be diagnosed as ‘Autistic’ – many of our greatest composers and artistes have been autistic so it is a mistake to see the condition as an entirely negative attribute.
Some autistic individuals suffer from an inability to empathise – to see their actions as other ‘might’ see them. They only see their own factual intention in those actions.
It follows, therefore, that those with autism find it easier to function in a familiar environment, where those who surround them can take an understanding view of their actions and utterances.
Steven lived in such an environment, with his single parent Father, Mark Neary. One story will serve to illustrate the value of Mark’s long expertise in understanding Steven’s unique thought process.
Together they watched an episode of Mr Bean, where Mr Bean put the Christmas Turkey on his head. They both laughed. Steven likes to see his Father laugh. He promptly disappeared to the kitchen, and his Father figured out his probable pattern of thinking just in time to prevent the family’s freshly roasted Christmas Turkey being forced over his head….Steven certainly couldn’t live alone without support.
Finding himself in a situation where others ‘misconstrue’ his actions makes Steven agitated and frustrated, for he can’t express himself or understand that there might be more than one interpretation of his actions.
One cold winter’s day, Steven’s father succumbed to the flu. Genuine flu – you don’t suffer from ‘Man Flu’ when you are a full time single parent carer. He rang his local authority’s respite centre, where Steven had been once before, to ask if they could look after him for three days. They could.
At the end of that first day in respite, despite the fact that Steven had been there many times before, the staff felt themselves ‘unable to cope with Stephen’. He was aware that his Father was ill and upset at being separated from him. The respite centre transferred him to the ominously named ‘Positive Behaviour Unit’.
Now the Positive Behaviour Unit is a mighty politically correct place. Tap someone on the shoulder to attract their attention, and they don’t think ‘that is how Steven has always attracted my attention since he was a child’ – they say – ‘he touched me, that is an assault’ and promptly record it in their daily log…..
When Steven’s Father went to collect him after three days, they had logged many such ‘assaults’ – and announced that they were retaining Steven for ‘assessment’. No! His Father couldn’t take him home.
There is no danger of Steven being ‘sectioned’ under the Mental Health Act, for Autism is not a mental illness and not covered by that Act.
However, there is another, newer piece of legislation which does cover those who ‘may be at risk of harming themselves’. It is known in shorthand as DOLs. Deprivation of Liberty Safeguards. It applies to hospitals and care homes and describes the circumstances under which they can – not ‘lock someone up’, for that is the province of the Mental Health Act – but turn the key in the lock and not give that key to someone ‘in their best interests’……it is a fine piece of legalese that may leave you baffled.
The ‘best interests’ requirement:
(1) The relevant person meets the best interests requirement if all of the following conditions are met.
(2)The first condition is that the relevant person is, or is to be, a detained resident.
(3)The second condition is that it is in the best interests of the relevant person for him to be a detained resident.
(4)The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident.
(5)The fourth condition is that it is a proportionate response to—(a)the likelihood of the relevant person suffering harm, and(b)the seriousness of that harm, for him to be a detained resident.
It certainly left Steven baffled, for he could no more get through that locked door than if he had been ‘locked up’ under the Mental Health Act.
The longer they kept Steven behind that locked door, away from his Father, the more upset he became, the more people he tapped on the shoulder to ask when he might be allowed home again…..eventually the ‘Positive Behaviour Unit’ had logged 306 such incidents over a seven month period, and decided that Steven’s behaviour was ‘so challenging’ that he could never be allowed to return home.
Despite the fact that by this time the unhappy Steven had been assessed as ‘extremely challenging’ – too ‘dangerous’ to be returned to his Fathers care, Steven, unattended by these ‘professional behaviour managers’ managed to slip out of the Unit, in his pyjamas, and attempted to return home. During the course of this futile flight, he met up with a Vicar – and according to one report, removed his glasses ‘aggressively’. The authorities are unable to even name the Vicar, far less file a report from him.
Now comes the interesting bit – thank-you for reading this far!
Whilst Steven lived happily at home, he had the support of professional carers from the ‘Trinity Noir’ company. Steven’s father was very happy with the level of support and had no complaints. The Local Authority footed the bill, as is their legal duty. Changing Steven’s diagnosisfrom “autism, severe learning difficulties and challenging behaviour”, to “extreme challenging behaviour, learning difficulties and possible autistic spectrum disorder” may seem hair splitting to my readers, but on such finite definitions rest the liability to pay for Steven.
The new diagnosis could shift the responsibility for care onto the NHS Primary Care Trust…..the current suggestion is that Steven is ‘sent to a care home in Wales’, many miles from his home in London, who will ‘assess the reasons behind his behaviour’ – I would think most of my readers will have figured out for themselves by now the reasons for his behaviour. He wants to go home! His Father wants him to go home!
Those of you with a modicum of legal knowledge will be saying ‘but surely he can get legal representation and go before the mental health tribunal – I’ve read about cases like that?’
No, he can’t, he has no access to the Mental Heath Tribunal – Autism isn’t a mental illness. This action isn’t being taken under the Mental Health Act – it is being taken under the Mental Capacity Act. Under the MCA he only has access to a ‘Best Interests Assessor’ – who is appointed on a consultancy basis, and paid, by…..the Local Authority.
He can be deprived of his liberty for up to a year, which period can be renewed indefinitely, for the purpose of ‘assessing’ him – see above – being sent to Wales to ‘assess’ why he is unhappy at being locked up.
The only Court to which he has access – purely for ‘appeal’ purposes, is our old friend, the secretive Court of Protection. Assuming that Steven can figure out how to make an application to the Court and represent himself….
As it happens, the Local Authority have already done that, not on Steven’s behalf, but on their own behalf. They wish to have a full ‘Welfare Deputyship’ so that there will be no awkward parent demanding the return of their child – and his support package. It will be their decision where he lives.
Remember, Steven only went into respite care for three days, that was last December. Almost a year ago to the day.
His distress at being parted from his Father has been treated as ‘challenging behaviour’. His attempts to escape have been treated as ‘a risk to himself and others’, including his Father. (The risk to others is no part of the Mental Capacity Act!)
After next week, no one will be able to write of Steven’s case. It will vanish behind the stone walls of the Court of Protection. Just one more file.
You can help by giving this case as much publicity as possible over the next few days.
You can sign the petition demanding he be returned to his family. (Currently 2,286 signatures).
You can write of Steven’s case on your own blog.
If you still have time to spare, might I suggest that you write to whichever Daily Newspaper you read and ask them why their pages are full of tittle tattle from illegally released diplomatic cables – and yet they can never find the space to illustrate true injustices happening to a British citizen right under their noses?
See the latest update: https://www.annaraccoon.com/annas-personal-stuff/politics/hurrah-for-common-sense/
Steven will be home for Christmas – it took a year, but Steven’s father won in the end!
January 12, 2011 at 12:32I am Co Chair of Regard, the national LGBT disabled people’s organisation,
and we have also had horrendous experience of the Mental Capacity Act being
used to detain a disabled person against their will when they had previously
been living in the community with the support of the local authority. This
also had the ‘benefit’ of transferring funding to the NHS. By the time the
local authority accepted they were wrong, the ‘care’ of the person concerned
was the province of the NHS who refused to release them. We tried every legal
avenue without success. Sue died almost a year ago, having spent her last few
months in a hospice. See http://www.regard.org.uk/sueslaw.htm for more details
December 24, 2010 at 17:05yep yep yep
December 23, 2010 at 20:07Many thanks for posting on this very distressing experience and sharing the
link to the petition. Please keep us posted on developments. Did the press
cover the case?
December 23, 2010 at 01:41If the son had stayed at this home before and the father was please with
his care…then why was it different this time? We should thank places like this
that take care of our children when we can’t. Where would this poor child have
gone otherwise? His behavior was different and more difficult to manage than
his prior stays. It sounds like all of the professionals were just trying to
do a thorough job.
December 23, 2010 at 02:39You are wrong on more points I can personally be bothered arguing about,
Mary. Just do your research before you flout out at the mouth.
Sorry but
that is probably the most respect I can rationally give you.
December 29, 2010 at 14:11Mary – I am Steven’s father. I dont compare Steven’s two stays at the
unit. One the first occassion in 2007, he was pretty ill when he went there
and it later became clear that it was a result of a developmental crisis.
Suffice to say, he was there for genuine reasons and after four months of a
fairly positive experience, he was much better. This year has been totally
different because it started with a lie. And in my view, when something is
based on a lie it cant possibly have a positive outcome. As the months went
by and we became more and more entrenched in those awful deprivation of
liberty orders, anything positive about the experience flew out the window.
Thankfully the judge terminated the DoL and the dreadful experience
ended.
December
22, 2010 at 23:57Hi-I would really like permission to post this article in its entirety on
an autism blogs directory that I co run with another person. I have tweeted
it-but think I could reach more people by posting it. Thanks, Kathleen
http://www.autismblogsdirectory.blogspot.com/
December 22, 2010 at 17:44
December 22, 2010 at 16:44I have only just got to read this article as my pc crashed and has only
just been returned. I too would like to know the outcome of this disgraceful
and disgusting, inhumane treatment of Steven and his father. I’m a single
parent of a 7 year old daughter with autism and the thought of something like
this ever being allowed to happen in this country and in this day and age
scares me to death!
I am SO angry at this i just wish i could do something
to get him home asap! As i’m late with this i don’t know if i can make any
difference but will certainly spread this to any contacts i have.
They are
the ones that need locking up. I hope to god SOMEONE can make a difference and
get Steven home NOW!
Just what the hell is going on???
December 22, 2010 at 17:34Deborah,
Steven has been released, please look at the other later articles by Anna
Raccoon.Good to know there’s people like you that are concerned though, may I
thank you on behalf of everybody.
December 22, 2010 at 16:37Absolutely Terrifying!!
December 22, 2010 at 15:53Trying to figure out which part is the worst:
1. That this has happened in an advanced democracy
2. That such a shameful injustice has been ignored by the mainstream
media3. That in a ever more connected world, the public attention is focused
more keenly on the travails of Lindsay Lohan than on issues of genuine
importanceI’m not British, though if I were, I’d be ashamed of my government for
allowing this to happen. As it were, I’m ashamed of my government for a whole
different set of reasons…
December 23, 2010 at
09:27I am British and I am totally mortified that the Government has
enacted the piece of … legislation … that allows this sort of injustice to
happen. Sadly, when politicians screw things up, there’s no redress against
them.That is absolutely sick.
December 22, 2010 at 06:14I’m so glad we moved back to the states.
December 22, 2010 at 04:45Agreed.
They’re ALL REET SHYSTERRS!
Not very funny, I’ll admit, but it’s my way of lightening things.
(Begorrah!)
December 21, 2010 at 22:59The computer said that this is in the best interests. The ‘Social Worker’
reading the computer has a reason to beleive that this is in his best
interests. If anyone asks Steven or his father what they want and why in the
previous 20 years there was no issue, then they’d have a reason to not
beleive, so their wish to beleive is far more important because it employs so
many people and enables the LA to demand more funds for the ‘seroius
deprvation’ in their area.Is it any wonder when yoou read the ‘Devrevation index’ but can’t find a
‘prosperity index’ – when will the ‘care’ system stop being a ‘non-exit’
follower of statute that was designed to help in extreme situtions and NOT to
be the basis of entering into a situation.Sigh
December 15, 2010 at 18:10Hi,
This you posted this on 6th December and stated the decision would
be made after a week from then. Is there any update? I’ve trawled the net but
can’t find any news on the outcome! Hoping it was a good result for Stephen
and his family!
December
12, 2010 at 23:44This case is appalling and reflects the way that the ‘power that be’ think
they can control individual lives.Don’t forget to join the facebook group ‘Get Steven Home’ – while people
are still legally allowed to discuss it.
December 12, 2010 at 22:16Absolutely disgusted…
yet this is just one of hundreds of stupid, unnessicary flaws in the
british legal system.
December 12, 2010 at 12:42how do I sign
December 12, 2010 at 14:19
- December 12, 2010 at 12:41
when I started to read this I thought it was in some country far away
LONDON !!!! what expertise do these people have to make this judgement
December 12, 2010 at 00:31It has nothing to do with Orwell or big brother, and everything to do with
Tocqueville and Big Nanny. Orwell is Kim il Sung and North Korea. Tocqueville
is the smiling social worker and US
December 11, 2010 at 22:39I do hope there is a solution, surely there must be something that can be
done, its outrageous.This young man needs his family.
December 11, 2010 at 16:55I can’t help thinking any Goverment when it sees the Mental Health stats
growing in all areas get concerned that it starts to reflect on them………..so
something has to be done……………….
December 11, 2010 at 16:45Wow, this is ludicrous.
December 11, 2010 at 14:19How sad!! What an injustice…………as mother of a 24 year old son with
Aspergers Syndrome I understand how everything can be misconstrued. I was
saddened when I read the article, knowing that this could very well have been
my own story. We plead for help and before we know it our children are taken
from us and left in distress. Originally 3 days in a care home and now they
are trying to give him a life sentence!! This is surely against his Human
Rights. I will give this enough publicity as possible and pray that someone
somewhere is listening and cares enough to do something about it!!
December 11, 2010 at 02:21this article reminds me of some of my own fears of such circumstances.
having had a loved one in the “Positive Behaviour Unit” I feared for my own
self as a visitor walking into a room where someone else controls the key. and
after the hospital falsely accused me of everything from abuse to abandonment
and threatened legal action, as a visitor i feared for my own freedom as they
didn’t have to let me out. and as my loved one was admitted over several years
the “permanent record” in the”Positive Behaviour Unit” had every thing i said
and did from the first visit years prior (like cutting up her dinner). it has
been six years and i am still “paying” for what there actions put into motion.
i sympathize with both father and son.
December 11, 2010 at 02:19Well for what it may be worth, I have posted a contact on http://ukhumanrightsblog.com/contact-2/#contact-form-172 in
the hopes that someone there will be able to assist. Now I’m over to the
petition, Facebook and to email my brother in the UK. He has an autistic
child. I wish there was more we could do.
December 11, 2010 at 00:59This misses the point. The new Deprivation of Liberty ‘Safeguards’ are a
scandal because they create a parallel Mental Health Act, with none of those
pesky protections for the person detained.A person detained under the DoLS is entitled to an ‘independent’ advocate …
paid for by the authority that detained them, and selected by the authority
that detained them. Their only real avenue of appeal is to the Court of
Protection – a Court that sits in secret.Just to be really kafka-esque the legislation does not even define what
‘Deprivation of Liberty’ means which allows local authorities to lock people
up and simply claim their liberties are ‘restricted’.It is a scandal of our times.
December 12, 2010 at 13:12Quite. The purpose, wording and practice of the Act are a scandal. But
nothing accidental: all was intended by a Government adept at blundering its
way in haste to an evidence-free policy, then proclaiming it to be the
logical, necessary, heaven-sent solution to the nation’s ills.All is self-referential within a closed system that supports and endorses
its own choices and decisions. Even the crucial and central assessment of
mental capacity has that fatal flaw.The MCA only has any application if it can be established that the person
lacks the mental capacity to take a particular decision. Without such an
assessment there can be no arbitrary ‘best interest’ determinations.The MCA requires that it is the person intending to act in the best
interest of the person who must undertake the test of mental capacity, using
a well-established in law ‘information exchange’ model. But immediately
there is the wide-open door of possible bias.I believe that ‘x’ is best for you. You tell me that you agree and I
applaud your capacity to see – my – sense. But if you disagreee with me, am
I not therefore likely to contend that you lack capacity? This is not to
make snide comment on professional unprofessionalism, but to acknowledge
that there lacks true independence and objectivity in the process.This is one of the most Kafkaesque qualities of the MCA, or perhaps
better its central Catch-22: if you want to do what I suggest you are
capable but compliant; but if you don’t want to do what I suggest then you
are incapable and captive.With the DoL process it becomes even more bizarre. The ‘best interest’
assessor is no longer the person proposing to take the action – despite this
being a statutory requirement within the primary MCA as enacted in 2005 –
but is now a third-party specialist with no direct connection to the action
to be taken.Whereas that might seem to redress the balance of objectivity, it fails
because the person who undertakes that DoL determination of ‘best interest’
is, more often than not, an officer within the Council or NHS body proposing
to deprive someone of their liberty. That then puts an enormous burden on
the assessor to dare to contradict the professional opinion of colleagues.
(Having worked for and with Councils in social care for nearly 30 years, I
am in a position to tell you that is not an easy place to be.)Where then does one look for a monitoring, regulatory or appeals body to
oversee the exercise of power under the MCA, in general and in particular
cases? Not to a ‘Mental Capacity Tribunal’ for no such body exists. Not to
the Care Quality Commission, whose inspection remit does not cover the MCA
or Dols.The only recourse of appeal is to the Court of Protection – the very
court established to make the MCA work. Under-resourced, under-funded and
under-prepared, the re-established CoP – which prior to the MCA dealt only
with matters of finance for people lacking mental capacity – is charged with
ruling on the very Act that brought it into being. (That on top of the
crushing burden of trying to support the Office of the Public Guardian in
its floundering efforts to manage and regulate Enduring Power of Attorney
applications and appeals.)It is all a mess: initiated in haste to react to ‘Bournewood’, inexpertly
designed with failure built in, promoted by hype, spin and downright lies
and operated ineptly by agencies, by and large, perfectly content to
exercise power where it is given.- December 23, 2010 at
09:24 Seems to me that the MCA is an Act that should not be. There are no
proper safeguards, it seems. And there are no good excuses for the
Government having passed this piece of legislation.“The purpose, wording and practice of the Act are a scandal. But
nothing accidental: all was intended by a Government adept at blundering
its way in haste to an evidence-free policy, then proclaiming it to be the
logical, necessary, heaven-sent solution to the nation’s ills.”For this reason alone, the Government should be having to defend its
actions in the European Court of Human Rights.
December 11, 2010 at 00:06This is appalling but sadly all too common. It is not unusual for people
with personality problems and difficulties like Stephen’s to be mis-classified
when they should not be classified at all. Local authorities both need to save
money so are glad to transfer such problems to alternative sources of funding,
ie within the Health service or under the MCA as described above and have
inadequate resources and understanding of such situations. In a way they base
their reactions on Health and Safety legislation ostensibly protecting
Stephen’s father and others concerned for him and his well-being. They have
totoally overlooked his human rights which should guarantee Stephen the right
to an independent life etc etc. Why has nobody written to his MP? Or appealed
to the International Court at the Hague?
December 10, 2010 at 23:57wrong so wrong
December 10, 2010 at 22:49I’m ashamed of the country of my birth. I can’t comprehend the insanity
that seems to exist in social Services, Court of Protection or the Family
Courts.
Where on earth will reform come from?
December 10, 2010 at 18:44I am spluttering with outrage.
I will add my voice in whatever way I can.
December 10, 2010 at 18:19Positive Behaviour Support? I think NOT!!
Shameful
December 10, 2010 at 14:42This is so shocking and sad. How can the authorities possibly believe that
this is in anyone’s best interest? I do hope Stephen soon returns home to his
father where he belongs. I’ve signed the petition.
December 10, 2010 at 14:17This is outrageous Orwellian craziness. Where is plain basic commonsense in
all this? As you say – the solution is glaringly obvious. Let him go back to
his father. And then by all means monitor the situation, but sensitively. For
Chrissake!!! Despairingly…
December 10, 2010 at 12:51Well said! Cheyl, Katherine, Pammy, and Sheila ,
I have experience of working with local authorities with my autistic son
and there is one thing I have noticed, in their eagerness to ‘help’ they more
often than not don’t bother to listen to the mother or father of the
child/young adult concerned. They just view people as ‘cases’ and just want to
put labels on them and’ file’ them away in some instituion or another, because
it makes life easier for them. The people who live with an autistic person
know them best and therefore should be considered the expert on ‘the case’.
Having said that, local authorities differ all over the country, and there are
very many wonderful people who work tirelessly and give much more than they
have to, to help people with these problems.
It is tragic situation for
Stephen because autisic people need familar people and familiar surroundings
around them in order to thrive. It is quite simply not right that Stephen be
removed from a loving home and parent to be’ institutionalised’ in this
inhumane way, just because his dad became ill. This is absolutely outrageous
that in our so-called ‘civilised’ country, Our people’s civil rights are being
abused right under our noses!
December 10, 2010 at 10:16Working for many years in an educational setting specialising in ASD, I
sadly know all too well of these Respite Services. Also know how often we
shudder when over stretched under trained young so short on life experiences
land on a *case*..Human Being to you and I.What I’m most proud of where I work is where we use well honed skills laced
with bags of common sense. I get hurt often as work mostly with profound
pupils. What I know for certain is this. If a support worker in what ever
capacity doesn’t bother to use or be trained in Intensive Interaction and
Social Stories, how can they ever hope to gain any kind of insight in how an
INDIVIDUAL communicates.What I would like to clarify though is that anybody with ASD can at any
point develop Mental Health problems and or already have another debilitating
condition.The best way to ever understand anybody on the Autistic Spectrum is
actually no different from you or I. Know everything possible about the
INDIVIDUAL. They can’t be fixed, there is no cure. There is only a need to be
understood and enabled to function as best suits their needs.Poor lad and Dad. I love my vocation. I prefer to make not break. I’m
ashamed of that group of *Professionals*.
December 10, 2010 at 09:01Why does this still go on? Will people never listen?
This story touched
me as it has with others especially now. I have a 17 yr old son with the
diagnosis of Aspergers Syndrome and am in constant debate with myself over
asking for him to be reassessed. Our local authority have changed the criteria
for supporting people with learning disabilities. They now only offer services
for people with LD and Autistic Spectrum Conditions but not Aspergers! If I
pursue the matter, there are no services anyway. If I ask for an assessment,
he will be referred to a team of people who are not trained to understand
Aspergers or Autism.
Many times, my son’s behaviour has been
misinterpreted
There are already notes in print on his files about his
“challenging behaviour” in the past despite him now being a very polite, quiet
and obliging person. He’s happy. He lives with me, his step dad and sister in
a home where he is loved, supported and can relax. Is it any wonder parents
continue to manage and keep quiet?
I am so moved by this story that I’m
struggling to write more but will absolutely support and share with our Autism
network and connections.
December 10, 2010 at 06:30Poor Stephen and his Dad!!!! My autistic boy loves being at home and i dont
want to imagine something like this could happen!! Life is scarey enough when
you live within the ‘special needs’ bubble!!
Austim is so misunderstood and
there should be changes within all settings to educate people on it as
diagnosis rates are growing rapidly!!
December 10, 2010 at 06:07It sounds like a very sad situation. It would be interesting to hear the
full situation though, as this appears to be only one account.
December 10, 2010 at 00:04Just unbelieveable….actually, completely believeable…how awfully they have
treated Stephen & his family. The ignorance displayed here is completely
baffling. Good luck….to Stephen and his Dad
December 9, 2010 at 21:17This is a shocking story and I have signed the petition…however, the piece
is much reduced by your comment at the end – wikileaks being illegal tittle
tattle – have you bothered to read the cables and look further into this gross
injustice? What has happened with wikileaks affects every person who believes
in the truth and access to it, and as someone who is trying to highlight
another injustice, I would have thought that would have been one of your
priorities.Wishing well to Stephen and his father.
December 9, 2010 at 20:37i’ve written to the Hillingdon times about it, maybe if more people do they
might write about it?To contact the Hillingdon Times please call or email:
Group
editor
Rachel Sharp
020 8359 5959
rsharp@london.newsquest.co.uk
December 9, 2010 at 18:22This is reminiscent of what used to happen sometimes to children who were
accomodated by the local authority at the request of the parent(s) because of
some family crisis, never to return home again. Thankfully those days are long
gone (I know, I’m a social worker) but it seems it is now happening with
adults. Very sad. Fight it Mr. Neary – he’s your son, you know him best.
December
9, 2010 at 18:11GREAT item.
I hope this post on my blog Law and Lawyers helps:-
http://obiterj.blogspot.com/2010/12/deprivation-of-liberty-worrying-case-of.html
One would hope that a high profile writer (e.g. the estimable Afua Hirsch
or Joshua Rozenberg of The Guardian – Law) might look into these matters.
December 9, 2010 at 17:39I cannot believe that in this day and age they can treat a person like
this. What about civil liberties, this is big brother gone mad, this young man
must be returned to his loving family .
December 9, 2010 at 15:49This has made me so angry I have been tweeting it all day, asking people to
read this and sign the petition. I have also been trying to get the attention
of the media via various Twitter contacts.
Hopefully this will be seen by
people at The Guardian and The Independent, among others, and maybe they will
raise the profile of this situation.
The London Borough of Hillingdon
should be ashamed.
December 9, 2010 at 14:44I am 46 years old and was diagonised with this condition two years ago I
can fit in but tend to stay away this is terrible i manage with people i know
well and understand me but i do get stressed if things go wrong i have a
carrer in t he arts so am just thought of as excentric i will blog this as
much as i canbright blessings
alexandria
December 9, 2010 at 14:16Such an appalling story and brilliantly written. I don’t know how a similar
situation would be dealt with here in France but I do know, from my own
experience with a 93 year old mother with dementia, and an alcoholic brother,
that the family are always closely consulted on all medical and welfare
matters. And with none of the constraints of the anal patient confidentiality
clauses of the UK. Doctors discuss with me in detail the ins and outs of them
both and how their welfare interacts with mine. I may be wrong and naive but I
find it incredible that the views of Stephen’s father, let alone Stephen
himself, are not taken into consideration.And legally speaking, if this were, for instance, a bail application,
antecedents would be considered. And as Stephen would appear to have no
history of any “challenging behaviour” when at home with his father, this too
would be taken into consideration in making a judgment to return him to the
loving home where he obviously feels safe and secure.I sincerely hope something can be done to rectify this situation without
further delay.
December 9, 2010 at 12:53We also have an Autistic son and I fully understand that actions can be
misinterpreted from personal experiences when our sons behaviour has been
miscontrued but surely it’s obvious that Stephen is happy at home? I don’t
understand why these so called ‘experts’ can’t understand that, routine &
familiarity is a key component to handling Autism.
It infuriates me
everytime a professional demands an at-home appointment to sit in our house
for hours on end, telling us where we are going wrong with our son and how
best to handle his Autism, most of their ‘knowledge’ comes from a
book.
This is the exact reason we have always refused respite care and will
continue to do so in the future.
Good luck, I hope Stephen gets to go home,
I cannot imagine the fear he must be feeling and the heartache his father is
going through. I have signed the petition.
December 9, 2010 at 12:37This is horrendously sad, I really feel for you Jayne, Stephen and the rest
of the family. This should not be happening.
December 9, 2010 at 12:18hopes and wishes with ye all
:-
December 9, 2010 at 12:13omg a friend sent me this to read i am totally shocked how a bunch of
primative people could act that way saying stephen is dangerous to all and his
father. i know many people who have autism and they are human beings not
animals that get locked up. the people who are not allowing stephen to be with
his dad are not civilised lets lock them up and throw away the darn key. to
stephen and his father mark from all of us in my state and all over the world
we will all pray for you both. god bless stephen and mark neary. ill get my
town paper reporter read this
December 9, 2010 at 10:33OMG!!! As a mother of a mild Asperger son, this has reduced me to tears!
This is outrageous. Is the National Autistic Trust aware of this, if not, they
will be now as I’m emailing them! They have just managed to get an Act done
regarding Autistic Adults, so maybe there is something in there that could be
used. I’m posting this whereever I can and will sign the petition.Afterall, my son could well be put in this position later in his life – I’m
appalled!!!!!
December 9, 2010 at 10:24Stephens case needs to be if it has not already been referred as urgent to
the Local Authority Serious Case Review board. They are a team of experts from
all sectors who know about DoLs, Safeguarding and legislation.Push to get the case in to SCR asap.
December 9, 2010 at 09:45The Civilised world….. where!? signed! hope this may help
December 9, 2010 at 06:27My understanding is that everyone in England has access to the English
Legal System and ultimately that can involve going to the High Court to seek
an injunction preventing a certain activity by anyone… including the Police,
medical practitioners… whoever.Of course there is expense involved. You need a lawyer and barrister to
work out the case “under the law” – but it could be as simple as a a writ of
Habeas Corpus – he’s not a criminal, he’s not mentally ill, therefore under
the European Convention on Human Rights there is no reason for continued
detention.Any UK barristers/lawyers reading this and up for some pro-bono?
I bet the papers would cover that.
December 9, 2010 at 06:09This is such a very sad situation!!!!! Care gone mad!!!!! The way Stephens
been treated is positively Dickension!!! Something has to be done, Please God
send some sanity to this situation!! Stephen and his dad are in my prayers,
God bless you both.
December 9, 2010 at 00:32Jesus this is so sad,absolutley heartbreak ,im in ireland but il post it on
my page.ur in my prayers
December 8, 2010 at 22:38Indeed.
The system has become at once dehumanised and dehumanising in its
effects.
It is alien to the human race in its ideology and behavior. As is
stated above by somebody, we and this current system of society may as well be
banal, ignoble animals that forsake or mistreat the weak or those that do not
fit in to a certain mould.It has gone too far, much too far. It has no business involving itself in
family life and private life nor removing liberty, in cases like this where
understanding and compassion instead are needed. Too many people reading too
many modern, ill informed and impractical theories and making a career out of
meddling with others’ lives and interfering with families that are better off
without them. Human nature and its spontaneous ways are being crushed.
December 8, 2010 at 22:18It seems that those involved have forgotten that being politically correct
is defined in terms of politics, regardless of any other incorrectnesses.This saga is not just “Orwellian” but remarkably daft as well. Where is the
care for suffering humanity in all these precedures?
December 8, 2010 at 21:23The problem is that good old fashion common sense seems to be ignored
nowadays – its the old “political correctness gone mad” thing. I hope
everything gets sorted so that this lad can get home back to his dad where he
belongs
December 8, 2010 at 19:45So much for Valuing People. So much for Positive Behaviour Support. So much
for quality. Shameful.
December 8, 2010 at 19:26DIRTY BLOODY SHAME!!!
- December 8, 2010 at 19:13
I am getting somewhat sick and tired of the undeserved deferences to, and
the implied superiority afforded to, what are termed “Professionals” in some
of these issues.
The word implies, but ONLY implies, ethical behaviour and
competence brought on by education in a certain subject. What it really means
at its core is that they work for MONEY.
I’ve got degrees myself, but I’m
getting sick of the arrogance, touchiness and petulance of those in social
care and related jobs. You are dealing with people’s lives for fuck’s sake,
stop pisspotting about with your greedy ambition, avarice and self
protectionism.
Don’t pull the old chestnut out that I’m generalising and
that I don’t recognise the dedication that you have and how many good people
there are in your professions either, of course I know there are some. But the
ship is guided by the tosspots., and they answer to the rotten legislation
brought in by rotten politicians.
Professionals do NOT “love” the people
they supposedly look after, and mental health in particular has a long history
of sickening abuse and manipulation by those employed to do good for the
patients . Oh sorry, “service users”.If you care that much about people you’ll do it for nothing. Simples.
This is partly why I won’t and will never again work in this field,
considering the horrors I’ve seen, in the UK and in this supposedly
enlightened era. Even some people I’d originally have sworn were good, honest
and kind, I’ve eventually discovered to be abusing their positions and often
focussing on their own pockets and ambitions to the detriment of the
happiness, freedoms and human rights of those they are employed to serve.
Sorry but it DOES go on, and don’t let anyone pull the wool.
December 8, 2010 at 19:05These children and adults need help and care. The families need support to
enable them to give the care this needs to by money and restbite time off to
recharge themselves some just nee a good nights sleep.
December 8, 2010 at 18:42As I began reading this story, I thought surely this must have happened in
some third world country where proper health care is non-existent. Perhaps I
was correct on both counts… I am the mother of a 38 year-old autistic son who
will never be able to live alone, but is functional. I am stunned to think
that, but for the grace of God, I could have been in a similar situation with
him. Petition signed, this article is being re-posted on FB and anywhere else
I can think of to get the word out about the horribly unfair treatment of this
young man.
December 8, 2010 at 18:36How mad can we get? Get the lad back to his father and stop being silly.
This is intrusive nonsense. Where next with this kind of stuff? My eldest is
autistic and he is best catered for in a caring and loving family
environment.
December 8, 2010 at 18:13This is extremely unprofessional!
Where is P.O.V.A?
I demand common
sense now because that poor lad wants to go home!
December 8, 2010 at 17:49A fucking disgrace.What is the world coming to?
December 8, 2010 at 17:46Hope that this young man gets home to his dad real soon, good luck!
December 8, 2010 at 17:42This is an awful story- which could have been so different if simple common
sense & reason had more application in the legal procedures concerning
modern social care. I have just finished writing a paper on the MCA & DoL
(focused on my local health authority, not this one) & my findings in
general were that the safeguarding procedures are a positive step… when
applied rationally, with common sense. Professionals need to take a step back,
to familiarise themselves with everyone involved- although his father is
obviously not being listened to, previous carers (eg. those from Trinity Noir)
should be asked for evidence from their knowledge of Stephen.I get the impression you feel there is a lack of understanding of the
autistic spectrum among the professionals involved? You explain Stephen’s view
of the world swiftly & succinctly- implying even a basic understanding of
autism begins to give clues that Stephen’s apparent ‘challenging behaviour’ is
not all it seems.The fact that the Best Interests Assessor is independent of the Local
Authority despite being commissioned by them is central to this: assessing
& acting objectively is what they do, & if this is not the case, it is
not to be sighed away- the benefits of the MCA depend on these independent
assessors to highlight where a travesty of human rights, like this, is
occurring.Stephen may not be able to represent himself in Court, but he should have
access to an advocate (such as an Independent Mental Capacity Advocate) who
can. He certainly meets the criteria for the involvement of one.Petition signed- this case shocked me. Once we have justice for Stephen,
his story should be remembered; because the MCA & DoL legislation are
there for good reasons, they are not the enemy. The enemy is the blind
following of these protocols without taking a step back & looking at the
whole situation holistically.I agree with Mr M above. More details would answer alot of my questions-
not only must this be set to rights, but it must be prevented from happening
again, & in order to do this, the relevant PCT needs to know exactly where
things went wrong.
December 8, 2010 at 17:36Hello, I have an autistic son and this case is terrifying. If you do not
have first hand experience of the way local authorities work, their lack of
integrity, their underhandedness and their shameless exploitation of people’s
vulnerabilities you would probably think this case is an exageration. I am
afraid it rings all to true. I have signed the petition and urge you all to
ask your firends to do likewise.Boring but important. In local authority matters local councillors have
more power than MPs. If you have not involved your local representative try
and so so, ask him to raise the issue at council meetings. The Local Authority
has to respond to him. Get him to ask questions. Go to the top, we involved
Tony Blair and his wife in one of our fights with the council. Make a noise
and make it big.Good Luck
December 8, 2010 at 17:33I forgot to say. To be diagnosed, I had to go through the mental health
services and be assessed by a panel of psychiatrists. So how the hell do they
get from psychiatrist diagnosis to ‘this isnt a mental health problem.’ and
surely he’d be in prison if they believed he was that dangerous. What they’re
saying is bullcrap, this is another case of the government trying to get rid
of what they see as a problem by locking us out of sight and out of mind. This
exact thing happened to my uncle about 30 yrs ago and we’ve never seen him
since, we lost him. We wont lose you, Stephen, we’ll get you back to your
father safe and sound. Somehow, I pledge.
December 8, 2010 at 17:30Maybea minor point,buyt Idon’t think the petitioner should be commenting on
the illegality – or otherwise – of the weakileaks papers.
December 8, 2010 at 20:37Quite – I wonder if Anna would have included that off-putting remark if
she realised that Wikileaks’ Julian Assange was arrested in the UK today on
trumped up charges from the Swedish government (consensual sex during which
a condom split, I kid you not!) – clearly under US pressure, as they’d
previously planned to drop the charges. The US are now petitioning to have
Assange transferred to US custody so they can try to think up a law he has
broken!Anna – if you or a media colleague decide in the coming weeks to publish
a leaked memo from the ‘Positive Behaviour Unit’ to illustrate the injustice
that has occurred in Stephen’s case, and are subsequently persecuted, your
blog taken offline and smears spread about – I wonder if you might then
reconsider your stance on the Wikileaks debacle.
- December 8, 2010 at 17:28
Signed and will be posting on facebook. Just read this story and am
absolutely disgusted and ashamed with my countries government. Unless I’m
mistaken, these people who’s care he had been taken into had had experience
with him before – it should be on their records that this is his form of
getting a persons attention and even if they don’t have it on record, it
doesn’t take much to give his father a phone call. Myself and my younger
brother are on the autistic spectrum aswell, him worse than me, god help
anybody who tries to do that to him, there would be nothing left of the
building! And me? I touch peoples hair as a sign of affection, friends,
family, acquaintance, they’d probably lock me up in prison and force me to
sign the sex offenders register. That’s how sick and twisted these people
are.
December 8, 2010 at 17:27It’s so easy to “do the best” for someone you see as “just another case”
rather than trying to see the bigger picture. I’m sure I would become
agitated.
There must be some thing that can be done to put things
right.
I just hope that it can be found before it’s too late.
Petition
sighned
December 8, 2010 at 17:11An awful story. After a quick search around various news sites and
services, I decided to send a shortened version of this sad story and a link
to this URL to as many news services as I could find with a “Submit” button.
Surely this needs wider circulation?
December 8, 2010 at 16:32I really feel angry about this shambles. My nephew is Autistic and they do
get a raw deal from a lot of ‘ professional ‘ organisations in this country.
Why isn’t Autismn classed as a mental illness ? Unbelieveable ……
December 9, 2010 at 05:58Dear Kay,
I am an Autistic adult. Autism is not classed as an ‘illness’ because it
is not one. It is a Developmental disorder due to my brain being
‘differently wired’ from birth. It is not caused by action of disease of
either body or mind, it is not ill-health. Autism is part of my very
nature.Regarding this ‘shambles’… it makes me very anxious to hear that such
things can happen. I had no idea. However it is good to see all those who
care, like your dear self. A big noise should be made about this sad
situation. I am glad that somebody earlier suggested contacting the National
Autistic Society also.I will be signing the petition and linking this to my facebook page.
December 8, 2010 at 16:31Signed.
It seems to me that many people engaged in “serving” the public are too
scared to do the right thing.
December 8, 2010 at 16:16This defies every bit of common sense, and policy direction. To use
deprivation of liberties in this situation is totally unethical. There are
enough people like Stephen who do not have such loving parents or friends
supporting them – god forbid Hillingdon has its way. If Stephen’s dad or
anyone else wants support – contact me.
December 8, 2010 at 16:13This is one of those stories that gets you angry…
BUT
It needs a little more explanation.
For example, what are the specific allegations? How would the other side
present the story?I have experienced state bureaucracy across the whole public sector but
this just doesn’t tally with my experience of the majority of British human
beings who work in the NHS.If there is indeed a systemic issue with a given PCT then can’t you provide
more concrete information so we can write to our MPs on the specific
matter?
December 8, 2010 at 16:02There may be more to this that the long explanation above gives, but on the
balance of what was said I’d support Stephen & his father against the
bureaucracy taking over. The Local Authority also has much to gain if they are
no longer funding Stephen.
December 8, 2010 at 15:56signed
December 8, 2010 at 15:48Shocked and appalled. I have an autistic daughter and this nightmareish
situation has really shaken me. I thought it was par for the course that
people are given all the support they need to remain at home wherever
possible?
December 8, 2010 at 15:23Petition signed and email the National Autistic Society to see if they can
help. Maybe others could do the same, they might notice if more than one email
is received…Email: nas@nas.org.uk
December 8, 2010 at 15:11i have a son with adhd and dyslexia, although very different from autism i
no how rediculous the system can be, the “proffesionals” just see thees humans
as statistics and problems, it is disgusting, there really is not the support
needed for the families who want to help there childrem, with my son i couldnt
even get him help as school untill he was in high school and by then he was so
far behind with learning that he just couldnt catch up, i hae signed the
petition and really do wish these “professionals” would stop reading text
books and listen to real people who lie with these disabilities every single
day x
December 8, 2010 at 15:11My son falls on the Autistic spectrum (so it is believed) although we are
waiting for the final assessment and ‘label’ he will get. I can totally
understand and empathise with this story because my son when I am ill cannot
think of anything other than my illness. It occupies his mind totally and he
will become easily frustrated or physically aggressive towards people for
something completely unrelated if they have no knowledge of what is happening
at home. We are very fortunate in that the school he attends are hugely
supportive and tolerant of his needs. I think Stephen’s story shows us that we
live in a completely politically correct gone mad society, where it is easier
to lock up and not deal with issues facing some people than it is to stand
proud and help raise awareness. My heart goes out to Stephen and his dad and I
hope the powers that be haven’t caused the kind of damage that can’t be
undone.
December 8, 2010 at 14:54Private Eye has also taken up this story.
Good luck.
December 8, 2010 at 14:40It’s hard to understand the *whole* story based on one side. However, if he
lived fine with his father before then he’ll probably be ok now. If the boy
wants to go home it means his father takes good care. If his father wants him
home it means he can care for his boy on his own. If authorities want to
observe, they can come to his home once a week or something. Petition
signed.
December 8, 2010 at 14:36Let’s remember that
‘THEY know better than you how to run your life than you do’
THEY clearly know what is best for Stephen and his Dad.
THEY say that we should not cut public services as that will impact the
needy. Too true in this case, Stephen and his Dad may get their lives back
again and we would all save a lot of money, so they w
December 8, 2010 at 14:31Signed.
We must never forget that we are to blame for letting this
happen. Others may be the perpetrators and individuals may fight for a just
cause but unfortunately as a nation, we are guilty of collective apathy. Until
the priorites of the majority change from the current selfish path and
couch-potato attitude, this sort of disgrace will gather momentun and become
the expected and norm. Then and only then and when it is too late will we
realise we’ve been well and truely shafted.
December 8, 2010 at
14:31The Gulag is alive and well and flourishing in England
December 8, 2010 at 14:18horrified and scared. i hope Mark and Stephen get the proper legal advice
and support they need to challenge this ridiculous and heartbreaking
situation. hopefully if there is enough of a stink raised about this, the
idiotic people who put Stephen in this situation will be held to account. I
hope you have a lovely Christmas day together, bless those support workers for
giving up their day for you both.
December 8, 2010 at 14:02I haven’t had time to read all of the comments, but is the National
Autistic Society aware of this case? http://www.autism.org.uk/ They are very high profile and
incredibly helpful and supportive, and could add to the publicity.
I am the
parent of a 6 year old diagnosed with an ASD and this kind of story makes me
want to weep.
December 8, 2010 at 13:47I am absolutely disgusted. (SIGNED)
December 8, 2010 at 13:45Another sad example of when a bit of common sense could have saved a person
a lot of pain and anguish. If anyone mentions this on Twitter, might I suggest
they mention the Twitter account of the LA in question – @Hillingdon
December 8, 2010 at 13:44*
December 8, 2010 at 13:40depressingly familiar
December 8, 2010 at 13:40Hmm, locked up because his behaviour is abormal? Lovely. Signed and
tweeted.
December 8, 2010 at 13:36As a specialist foster carer I deal with behaviour singificantly more
challenging than Stephen’s on a daily basis, but I would be incensed if anyone
took my young man away from me on this basis.This kind of legislation, opaque and seemingly unchallengable, is extremely
dangerous for us all and we should oppose it wherever we can. The media won’t
bother, there’s no profit in that for them.My every sympathy goes out to both Stephen and Mark and this situation
should be resolved swiftly, justly, and with compassion.
December 8, 2010 at 13:20Just got the link on twitter. I worked in a brain injury rehabilation
centre for five years, and there are a couple of cases that remind me of
Stephen’s predicament, although ‘predicament’ is hardly the word: ‘big bastard
outrage’ might cover it.We were dealing with people (or ‘clients’: I always hated that word) who
had a prior mental health issue before they acquired their brain injury.
Consequently they needed support from staff with cognitive behavioural therapy
training and staff with psychiatric training. There was a tawdry game of ‘pass
the parcel’ as the various health administrators attempted to justify their
decision not to provide adequate care packages so as to keep within their
budget. So the conversation would go along the lines of ‘We can’t deal with
him: he has mental health issues’….’Well we can’t deal with him: he has a
brain injury’ and so on. During this horse trading there would be some poor
sod stuck in limbo, unable to move forward with his life, as he didn’t have
the package he needed with the right staff properly trained. It felt terrible
that nobody would just make a decision and put up the funds. I walked out in
the end (for what that’s worth).There seemed to be a culture of dealing with ‘clients’ as abstract
commodities by certain strata of the bloated management structure, but there
was a lot of good work done by a lot of hard working people.Obviously signed the petition and hope this wrong is righted very soon
December 8, 2010 at 12:46Im absolutely disgusted in all of this, and wish Steven all the luck in the
world.
For Christ sakes let this poor boy go home to his poor devoted
father, of whom I can bet is totally distraught, how bloody dare they do this,
for Christ sakes, surely they should be spending their time looking for the
real Arseholes in this crazy world.
I will post this to all of my friends
& im sure they will post it to theirs.
let’s try and get as much
Publicy to help stop shite like this from happening again.
December 8, 2010 at 12:24Signed, tweeted and posted on facebook … I am deeply saddened by this
story, I have the honor of working with autistic children (I am a
photographer) and I find them inspiring creative and deeply humbling
…
Stephen should be at home with his father … I am now emailing a human
rights lawer we know and will also have a think – is anyone really co-orditing
anything on behalf of Stephen and his father ?
December 8, 2010 at 12:43
December 8, 2010 at 12:19I’ve got nothing constructive to say about the Government or the NHS.
December 8, 2010 at 12:18
December 8, 2010 at 12:01Take it the Court of Human Rights this sounds like a clear breach to
me.
December 8, 2010 at 12:00Signed, and blogged!!
December 8, 2010 at 11:57Lets get Stephen home for Christmas.
Are these nameless bullying
bureaucrats that make these decisions not human with families?
I think if
they had to grow balls and put their names to these decisions they wouldn’t
make them so lightly.
These people seem to either easily lock up people
like Stephen, or release dangerous insane animals into our midst. What is
wrong with our society?Lets get Stephen home for Christmas.
December 8, 2010 at 11:43Excellent article. Thankyou for bringing this harrowing story to my
attention. Petition signed, link shared, mood darkened.PS. I quite agree with your call to action re contacting presss but the
glib dismissal of the most recent wikileaks documents in their entirity as
mere tittle-tattle a claim perhaps best left for another entry as it ratehr
muddies the water here.
December 8, 2010 at 11:41Utterly disgraceful, I hope they get him home soon. Petition signed,
Facebooked and Tweeted.
December 8, 2010 at 11:41@annaraccoon2010 if true appalling. Isn’t anyone helping the father with
this?
December 8, 2010 at 11:32You know he can’t go up against the Mental Health Tribunal but he can go to
the Tribunals Service (website here: http://www.tribunals.gov.uk/). Good Luck, Stephen and
Mark!
December 8, 2010 at 11:13I’ll gladly sign, and pray that humanity prevails, that is that love
triumphs over fear.
December 8, 2010 at 10:33Signed. It makes you wonder how legislation such as this gets through
parliament when no sane person would agree with it. Just proves the point that
politicians are no longer safe within government and the only way I can see we
can stop laws like this from being passed is to have a referendum on every act
proposed by the House of Commons and repeal the Parliament Act to stop
statutory legislation being enacted by the current power crazed idiot resident
in No 10. Only problem is how would we get people to vote on a referendum when
they won’t even vote in a General Election?
December 8, 2010 at 08:47This is horribly familiar. My adult brother is on the autistic spectrum and
in supported living. It’s a constant battle with a system and ‘support’
workers who do not or who are unable to be flexible and use common sense in
their approach. The system needs a massive shake up and cases like this are
shocking.
December 8, 2010 at 08:35Stephen needs and should have been legally offered a specialist advocate to
help him with the complex task of getting his words across, I have worked with
people who have autism and “challenging behaviour”. All they ask for is to be
heard. What right does someone have to make a snap decision on what they
perceive as being his best interests, they obviously have not taken the time
to get to know Stephen and to know how he communicates and to understand why
he does what he does. Advocacy will enable Stephen and his Father to challenge
what is happening. There are specialist advocacy services all over UK, I
worked for an excellent one in Wiltshire. Stephen must get a voice and be
heard.What happened to his human rights.
December 8, 2010 at 08:26I can’t get the petition to work – is it broken? Keen to sign and pass
around.A a friend of someone with both autism and down syndrome I really
sympathise. Fingers crossed and please keep up updated.
December 8, 2010 at 08:18I have a 16 year old Autistic son and recognise this sad saga – and my son
isn’t even out of school yet.
It fills me with despair and
foreboding…
If all else fails, is Judicial Review an option?
December 8, 2010 at 07:52This is disgusting, my grandson has just been diagnosed with Autism,
dyslexia and ADHD, I will most certainly be aware of any changes the
authorities may try and bring. Signed and I wish Steven and his family all the
best.
December 8, 2010 at 03:08That is just terrible! What kind of system does this to people who are
being cared for by loved ones- instead of looking at the children / family
members that are being physically & mentally abused everyday! What a
disgrace! Petition signed, I hope it works!
December 8, 2010 at 02:38Signed. Good luck
December 8, 2010 at 02:04I am a single dad, 12 yo son with aspergers, who is placid and funny…
unless you try to take his hat, or invade his personal space… um… and he likes
to attract your attention with a prod of his finger.This story scares the bejaysus out of me. I understand only too well the
son’s need to be with the father he knows and trusts, and the father’s own
needs to protect his vulnerable son.There was a comment above (can’t remember which) makes the point of
admiring Mr Neary for looking after his son. I can’t understand that… when
it’s your own flesh n blood, etc, it doesn’t matter, it is no burden.Mr Neary, you are not a hero.
You are a Father.
Bless you sir
- December 8, 2010 at 01:51
3523
December 8, 2010 at 01:35tl;dr
December 8, 2010 at 02:08The internet can always provide a twat when needed.
December 8, 2010 at 00:36Signed.
From the sounds of it they’re depriving this poor guy of love and liberty
for the benefit of his, er – mental health. Doesn’t make a lot of sense to
me.
December 8, 2010 at 00:21The nature of the implementation of this legislation, especially as
described by Peter Palladas, demonstrates how little faith we can have in
these paid M.P.s, whose competence to undertake pre-legislative scrutiny — and
dedication to the vital matter of post-legislative scrutiny are at best
feeble.The upper chamber has done somewhat better in this matter, with a short
debate in Grand Committee in March this year. The working of the act was
being kept under review ; whether the change of government has
interrupted this I cannot say.There seem to be several organizations out there that, one might think,
would offer Steven the support he needs in his effort to regain control of his
life, the most obvious being the Mental Health Alliance and Mencap. (Lord Rix,
much involved in the pre-legislative scrutiny, spoke in the short debate, part
of the process of post-legislative scrutiny.)ΠΞ
December 7, 2010 at 22:14http://www.communitycare.co.uk/Articles/2005/02/07/48027/The-quotBournewoodquot-Case.htm
…better link, I think.
December 7, 2010 at 22:10The ‘deprivation of liberty’ guidelines were introduced as an amendment to
the Mental Capacity Act 2005, through the Mental Health Act 2007.They were a response by the then Labour government to the 2005 ECHR
‘Bournewood’ judgement
[http://www.communitycare.co.uk/Articles/2005/02/07/48027/The-quotBournewoodquot-Case.htm]
concerning another man with autism (and not mentally ill) who had been
unlawfully detained in a psychiatric hospital.The ECHR reviewed the circumstances of what had been effective total
control of this man’s life against his will – and the will of those who knew
and loved him – and concluded that what, in essence, was missing was a proper
legal authority in British law for his detention.What the Government and the Dept of Health could/should have done is say:
“How can we now find ways of best meeting the needs of such people, which do
not require such harsh, damaging and unlawful treatment?”What instead they did was say: “How can we frame a new law that covers our
backs and arses, so that we can continue to exercise unreasonable power over
the lives of vulnerable people without falling foul of Human Rights
legislation and Courts?”I was doing training on the original MCA between 2004 and 2006. When the
DoL guidelines were first published for consultation during this time, I
really thought someone was having a laugh. These were seriously twisted
proposals from some Whitehall policy gonk, doomed to be shot down in flames.
Sadly, how wrong I was.The essence of the process is this: a Council commissions an organisation
to provide a service to a person in need. (The Council cannot commission a
deprivation of liberty as such.) But then the provider comes back to the
Council as commissioner and says: “We can’t do this job without locking this
person up – depriving them of their liberty.”What, of course, the Council should then be saying is: “OK, if you can’t do
the job, we’ll find and commission someone who can.” Instead now, they simply
authorise the deprivation of liberty based on their failure to commission the
right service.DoL is a purely circular adminstrative process between commissioner and
provider. It flouts so many basic principles of English law – fair treatment
not the least of them – it hands more power to the powerful (always risky) and
takes power away from the already powerless.Any notion that DoL is a means for protecting the vulnerable is a farce.
The savage irony is that it is only the ‘good’ care providers who will ask for
a DoL because they are worried that they are having to deprive someone of
their of liberty. The ‘bad’ providers who are quite happy to lock doors, use
mis-medication, or whatever it takes to control people won’t even bother to
apply for a DoL.There should have been an outcry at the time DoL was mooted. There wasn’t,
in part perhaps because not enough people realised their authoritarian nature
and – crucially – how they would be used in practice.One can only hope that the Court of Protection wakes up to the reality of
the abuse that has occurred, Stephen is re-united with his father, that
appropriate supports for both of them are made available so that home life can
resume and thrive, and that the damage that clearly has been done to the
emotional well-being of each can be healed.And the repeal of DoL. That would be a good outcome, if too high a price
for one family to have had to pay on our behalf.- December 9, 2010 at 06:31
You sound like you’re in the know on this matter. Any connections to a
lawyer who might take this on pro-bono?- December 9, 2010 at 11:48
Richard, my background is social care rather than the law but there is
a very good person who can ably explain how the law works: Belinda Schwehr
[ http://www.careandhealthlaw.com/Public/Index.aspx?ContentID=16
].Yvonne Hossack [ http://www.hossackssolicitors.com/ ] is the great thorn
in the side of Councils who seek to close residential homes, though not
sure if MCA / DoLs is her thing.Stephen’s father no doubt has his legal team assembled, so one can only
wish them the best of good fortune at the Court of Protection.
December 7, 2010 at 22:02This is totally outrageous. Is there no compassion left in Britain? Are we
back in Thatcher days?
December
8, 2010 at 05:56It was in the ‘Thatcher Days’ that ‘care in the community’ became such a
popular fad. But you’ll probably say that was all done to cut costs, won’t
you?You’ll be right, but still…
December 7, 2010 at 21:48I am in complete disbelief that this is happening in the 21st century and
the authorities get away with it! It is a shambles and surely they must be
someone out there who can make this public and give assistance to Steven’s
fathers to get him back. I pray for Steven to get back to his dad as soon as
possible!
Petition signed.
December 7, 2010 at 21:01Signed crying (3301)
December 7, 2010 at 17:14I setup a facebook page this morning for this as I was so appalled and
horrified that this can happen in our country.I did a search on facebook but the group doesn’t show up unfortunately.
You can find the page here http://www.facebook.com/pages/Campaign-to-return-Stephen-Neary-home/116518258414284
– the benefit of a page is that people can see it without being logged into
facebook and can “like” the page to help promote awareness.
December 7, 2010 at 18:26
December 7, 2010 at 16:55This is a good piece of journalism Anna. I suspect that it is what blogging
is all about. It is a shocking indictment on the incompetence of so many of
our public authorities. They love wielding power but refuse to accept the
responsibility that accompanies that power and there is far too much of it
going on today.
December 7, 2010 at 16:54Does Chris booker of the Telegraph know about this?
December 7, 2010 at 15:11The people doing this to him should be the ones fucking locked up!
December 7, 2010 at 15:06My son has learning difficulties. I fear for his future when we are not
here to support him. How can this happen to Steven in 2010? They never seem to
get it right in this country.
December 7, 2010 at 14:58This is like something out of the dark ages!
For shame.
December 7, 2010 at 14:33This made me weep. I feel physically sick at the prospect of what Steven
and his father have gone through. Signed 3144. And FB’d
December 7, 2010 at 13:07this mental capacity act sounds like an act that should be immediately
repealed. This story demonstrates why. One fo rNick Clegg to ponder?
December 7, 2010 at 12:20Stephen’s dad should get in touch with an independent advocacy
organisation. They exist to help in cases like this. Try here:http://www.actionforadvocacy.org.uk/
December 7, 2010 at 12:19I myself have Aspergers Syndrome, and have two Autistic siblings, and after
reading this I’m disgusted. How these people can’t see what poor Stephen is
getting so anxious about is frankly ridiculous. It looks like lack of empathy
isn’t restricted to Autistic people ¬_¬
December 7, 2010 at 11:34Signed. With feeling.
December 7, 2010 at 11:09This is awful, more Court of Protection nuisance.
December
7, 2010 at 09:45Hillingdon Borough Council fax 01895-273636
Leader of the Council, Councillor Raymond Puddifoot
If anyone can find a fax number for the social work people, that would be
even better, but I couldn’t.- December
7, 2010 at 09:18 Online petitions are very well (I have signed).
Why not fax the council? Pick a couple of fax numbers in the social work
department, and send the same letter to each. If a couple of thousand faxes on
the subject arrive, it’ll have more of an effect on those immediately involved
(and from making cups of tea and comforting noises to a freind in a nightmare
child custody case, the law may even be on your side, but one low-ranking git
is enough to mess everything up).
December 7, 2010 at 09:04SIGNED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
- December 7, 2010 at 08:38
Apologies. That link should be:
http://www.facebook.com/group.php?gid=134345726596848
SBML: Link fixed
December 7, 2010 at 10:18I just wanted to say that I take my hat off to you.
Looking after an autistic person with significant dependency is not
something I’d be able to do. I’d be clamouring for the child to have a place
in a residential unit and the local authority would be telling me I couldn’t
have it.This is madness; due to the (now acknowledged) rise in autism, there are
many families who need that residential place in Wales. If Stephen can be
cared for at home, and you are willing and able to do it, then that’s the
best use of resources.“Trinity Noir invoices weekly to Social Services”
Presumably what
we’ve got here is a straight political fight where the local authority does
not wish to pay the service provider, Trinity Noir, because it is an
independent provider. Are Hillingdon saying they can get someone to do the
job for less money? Unlikely, as the cost of any residential care is far
higher than sending in homecare.Experience prompts me to ask “What is the financial and personal
connection between the local authority and the service provider they want
Stephen to use?” Specifically, who are the directors of the Welsh facility
and how exactly are they connected to the social services officials, because
that is usually where the professional and personal connections lie.
(Marriage, live-in partners, business partners, reciprocal consultancy and
assessment, trained together….)
December 7, 2010 at 13:36Yes, I agree it would be very interesting to know.
I think you might be on to something, who knows.
- December 7, 2010 at 08:36
Hi. I am Steven’s father. I just wanted to say a very big thank you to Anna
for writing this piece and to all the people who have posted messages of
support here. It has been an horrendous year. I am so proud of Steven for the
stoicism he has shown in the most appalling circumstances. Fortunately he is
surrounded by his family, his support workers and his friends at the different
places he goes to, who show him love and empathy, which counter balances the
treatment he has received from most of the professionals. Unfortunately, if
the Authority wins the case and moves Steven to Wales, he will lose all that
support. As Anna pointed out, that decision is now in the hands of the court
which hopefully will sit within the next week. Some good news – the Authority
said that Steven wouldn’t be allowed home for Christmas (because of “the
risk”) but two of his support workers have given up their Christmas day to
accompany Steven home for the day.
If you want to read more about our case
and see the links to the various television, radio and press interviews I have
given, please check out: http://www.facebook.com/profile.php?ref=profile&id=705882273#!/group.php?gid=134345726596848Once again, thanks for your support. Mark
December 7, 2010 at 07:47Hi,This is a very sad situation, I am not an expert but do work in mental
health, qualified counsellor, I trained for five years, Every now & again
I meet someone like stephen, I what i sence is that in all cases, They need to
be around someone they can trust & then they will follow a set of simple
rules, Someone like his dad, who has been there all his life,he could handle
him better than anybody, Its not rocket science its common sence, But these
days some jobsworths are mentally challenged by it.
December 7, 2010 at 07:35I hope this might help in some small way, writing to the MSM is a waste of
my time and theirs. So I sent this to my MP.Dear Eric Pickles,
As a man of good sense and fair play, I am forwarding some information that
displays neither quality. It also is imposing extreme hardship on the family
concerned and costing the NHS and local services a fortune.I must be clear, this is NOT happening within your constituency, so I am
appealing to you as Secretary of State for Communities and Local Government to
stop this madness and it’s associated cost to government.The case involves a young man with autism and the Byzantine rules that are
being imposed to keep him from a loving and capable father. It is best
described here:https://www.annaraccoon.com/politics/the-orwellian-present-%E2%80%93-never-mind-the-future/
I recognise you are a very busy man and may wish to delegate the case to a
more suitable person, I leave that in your capable hands I just ask that the
case is not ignored.Thank you and I wish you, your staff and family the compliments of the
season.Should you wish to contact me the email address is most convenient.
Yours sincerely,
Pickles is the right kind of guy to cut through this BS.
December 7, 2010 at 00:01Signed
- December 6, 2010 at 23:59
Section 61 of the Mental Capacity Act, 2005 provides for
the appointment of ‘Court of Protection Visitors’ ; there are two
categories, defined by sub-section (1) : special and general
visitors.A special visitor must be a medical practitioner or appear to the Lord
Chancellor to have other pertinent qualifications and have knowledge
of and experience in mental disturbance ; a general visitor need
not be so qualified.A visitor carrying out his functions in relation to a person found under
the act to lack capacity has considerable powers, particularly in relation to
examination of the medical &c. records relating to him.Has such a visitor been appointed in relation to Stephen Neary ?
~ · ~
I was puzzled by the nature of the petition. It is addressed to the
London Borough of Hillingdon and demands (sic) that that borough take certain
actions including an investigation of its own actions.Ought it not to be addressed to, e.g., the L.C. and to request that an
independent investigation be carried out ?ΠΞ
December 6, 2010 at 23:19The Mental Capacity Act is there for a reason. Clearly his father is unable
to care for hi properly.
Medical professionals can assess the situation
impartially and will always act in the best interests of the individual.
Although he may be a lovely person, Stephen is clearly a danger it himself and
it is the duty of the state to take appropriate measures.
I would also
question the “tapping”- the workers at the positive behaviour units are
extremely tolerant with what they have to deal with, are very hard working and
compassionate and it seems unfair that people are re blogging their apparent
ineptitude on limited information.- December
7, 2010 at 05:40 “…and it seems unfair that people are re blogging their apparent
ineptitude on limited information.”Good to see someone focus with laser precision on the true
‘unfairness’ in this story…/sarc
- December 7, 2010 at 08:11
Charlie, clearly you need some comprehension skills.
The father is quite capable of determining what is best for his son and
what care is required, one look at the photograph tells any sentient being
that Stephen is in robust health and happy (when not in the custody of
jobsworths and imbeciles).Medical “professionals” do not always act in the best interest of the
patient especially when the local authority requesting Welfare Deputyship
probably pay the wages of the medical professional.I suspect the people in the positive behaviours unit may have the
qualities you ascribe to them, but they are probably brainwashed by the elf
n safety culture and I’m guessing risk-averse managers to make a mountain
out of a molehill.- December 7, 2010 at 13:20
Okay, Mr Charlie
Tell us all, in your infinite and superior wisdom, WHY you and the State
you support in your comment, necessarily know better and know what is “in
his best interests” than Stephen’s loved ones and , shock horror, maybe even
Stephen himself?
If he’s committed no crime, and millions of street thugs
out there have and are much more of a “danger to themselves and others”, WHY
is he locked up and they are running free, most without even tags on, after
very harmfully assaulting people, intimidating people, stealing, some even
murdering and laughing about it, and generally wrecking society for decent
citizens?
You appear to approach the whole issue from fundamentally
different values and a pholosophy alien to the compassionate and family
nature of the human race, – i.e. that which separates us from and raises us
above the animal kingdom, even if your ideas do support the current behavior
of the oppressive state.
Dare I say, the position you take will not find
many supporters here.
December 8, 2010 at 15:33My sympathy is with Stephen and his father. This article, though, is very
one-sided. It clearly doesn’t tell the whole story.I hope the publicity generated will cause a more detailed, balanced story
to emerge so that Stephen gets the best outcome for him.
December 6, 2010 at 23:17Very good post – too bad you ruined it with that unnecessary last
paragraph- December
7, 2010 at 05:38 What’s so unnecessary about the last paragraph?
December 6, 2010 at 23:16I’ve tweeted this, signed the petition, shared it on fb and pestered my mp
and libdem ppc and Graham Stuart MP – he’s been very helpful in the past with
home educators. It seems to me that it isn’t enough to tweet this aimlessly
around – we need to get someone involved who can actually do something, and
much as I hate the heirarchy, when short of time, it’s the heirarchy that
counts.
December 6, 2010 at 22:40I thought this was the kind of thing you read about in books set in the
past not in the present.
December 6, 2010 at 22:23Disgusting, horrific & cruel.
What a disgrace.
December 6, 2010 at 22:01Signed
December 6, 2010 at 21:52Signed, passed on and will continue to follow the story and hope that
someone sees sense and let Stephen go home. Noticed a few mentions on twitter
and hopefully with the millions of people on there we can all try and raise
awareness of this terrible situation.
December 6, 2010 at 21:48Signed and passed on to every media contact I have. My Son has learning
difficulties, and I despair at the treatment of this family. This could happen
to any one of us who are carers.
December
6, 2010 at 21:08My son is autistic. A higher functioning autistic, much like Stephen. His
disability in some ways much more challenging than a more obvious one. Some
parts of his psychological development are fine for his age, some he left
behind in an age of single digits. He can very easily be misunderstood by
other adults who expect him to behave in a nuanced, adult manner.
Stephen’s
case doesn’t suprise me as I’m all too aware of the “not-a-mental-illness nor
a learning disability” unfunded and misunderstood grey area that higher
functioning autistics are pushed into.
In our case, local authorities have
consistently refused to provide any form of support to him, despite him being
at risk if left alone long-term. Even though he’s now attempting to live
independantly as a lodger, I’m his sole means of support and if I pass away,
his future is uncertain. He gets DLA and ESA although at any time these could
be cut if he gets interviewed by a sceptical, uncaring or untrained
interviewer.
Stephen’s case scares me witless as a possible future for my
son. Either that or homeless, or in prison, where a lot of higher functioning
autistics end up.
I’ve obviously signed the petition.
December 6, 2010 at 20:24Chilling.
Signed.
December 6, 2010 at 20:21Also signed and passed on.
December 6,
2010 at 20:06Signed and passed on
December 6, 2010 at 20:00This is an utter disgrace. Signed
(BTW bit odd being compelled to make a
comment. Suspect this might lose signatories who may click away thinking ‘job
done’. Should at least be an asterisk indicating ‘comment required’).
December 6, 2010 at 19:50This is not about protecting Stephen. This is about covering the arses of
those scared of being found accountable if Stephen ‘does something’. It is
about protecting management.And this is NOT what the MCA and DoLS are for. They were designed to
protect people that lack the capacity to make decisions for themselves.
December 6, 2010 at 19:35What a hideous situation from a hideous system that tries to prescribe away
everything.Signing the petition now.
December 6, 2010 at 18:402552
December 6, 2010 at 18:39An absolutely shocking story.
The worrying thing is at some point we could all exhibit the wrong ‘sign’
in the wrong company; the result of some trauma, turmoil or frustration, and
hey presto there is a badly written law ready to be used as a catch-all,
because some self-righteous gimp has the power – and is going to use it in
some self-justifying gesture.These people destroy lives.
The world gets scarier every day.
December 6, 2010 at 18:38Signed.
What an utter prong of a state we’re being fucked around by.
These
Johnny – Wobblers of control freaks, I don’t know.Hoots Mon, there’s Abuse – Loose – Aboot This Hoose!
December 6, 2010 at 18:27I’ve been coming here for a while but have never commented before.
Petition signed, story blogged.
Thanks for coming back and carrying on, Anna.
December 6, 2010 at 17:55I don’t sign petitions or reply to blogs, but I have now
December 6, 2010 at 17:49Signed.
God knows what this country has come to when this sort of thing can happen.
Every time I think the absolute nadir has been reached I am proved wrong.
December 6, 2010 at 17:49Hope this action will help Steven to come home to his father.
December 6, 2010 at 17:44So Catch-22.
He wants to go home. He ‘escapes’ from oxymoronically-named “Positive
Behaviour Unit”. Is returned to captivity & assessed as unsuitable for
‘release’ because…………….he wants to go home.
December 6, 2010 at 17:35petition signed
Hope he will be back and remain with his family
December 6,
2010 at 16:46What utter B*******.
I wish I could descibe how angry I am at this, then again maybe it’s a good
thing I can’t.I hope Steven’s father get’s him back very soon.
Petition has been signed.
December 6, 2010 at 16:34This is what happens when compassion is taken out of any process of dealing
with human beings and replaced by a mechanistic tick box process devoid of
humanity. This is all too common amongst social services. I would expect his
assessment would take as long as it took to read his medical history from his
GP surgery and any assessments in secondary care. Say half an hour.
Unfortunately those with autism, especially asperger’s syndrome and very
literal minded and often overtly aggressive too. Especially when literally
taken out of their comfort zone. This is a pretty sad story but unfortunately
all too true when compassion doesn’t feature.
December 6, 2010 at 16:32Nice one Anna. I moved my Autistic son out of the UK for this very
reason.
December 6, 2010 at 16:26As the mother of a 25 year old autistic man, I found it necessary to obtain
lagal guardianship of my own son, to prevent innappropriate services being
given to him. I am outraged that this is happening to Steven. Is there no
common sense or compassion left in this country of over zealous abusers of
political correctness and health and safety issues? Why is Steven’s story not
on the front page of our major newspapers or on our national television news
channels? I feel powerless to help, but surely there is someone out there who
can bring this to the attention of the right people!
December
6, 2010 at 15:43It sends a shiver through the mind. I recall in the 1970′s having bitter
arguments with high government officials and others over their ideas about
autism. They fitted neither the facts nor any other evidence. So thirty or
more years on and it is little better.
December 6, 2010 at 15:28Signed, hope this gets sorted.
December 6, 2010 at 15:28Signed and spreading the word.
As someone working in IT and knowing a lot of geeks, it’s only s tiny
stretch from someone like Stephen being treated like this to any trouble
making geek (we are after all, all on the spectrum somewhere).
December 6, 2010 at 14:35Signed
December 6, 2010 at 14:34The irony is that you could describe the dysfunctional bureaucracy
collectively ‘autistic’. Putting a turkey on your head seems positively
sensible, and it’s certainly funny, compared the Kafkaesque and entirely
humourless behaviour of the bureaucrats.God help us all.
December 6, 2010 at 14:34I think I mean “distinguishable”. Blame it on anger.
- December 6, 2010 at 14:33
Signed. No 2,435.
How, precisely, is this indistinguishable from kidnap? It is like one of
those forced adoptions which Booker is complaining about.
December 6, 2010 at 13:58Dear Ms Raccoon
Too many people with not enough to do.
Too many targets to fill, budgets to spend, boxes to tick.
Don’t suppose any of the loggers think that treating a tap on the shoulder
as ‘assault’ might indicate that they are suffering from some mental
incapacity, oh no. Plainly these people had a shortfall in one of their
buckets and Stephen could be fitted to the bill nicely. Bonuses all round, and
for the foreseeable future too. Doubleplus good.Bigger state, more buckets: soon there will be one for you.
Remind me: why do we pay taxes?
Winston
December 8, 2010 at 05:23Signed, shared on facebook and twitter in support of this man and his
father’s rights.
December 6, 2010 at 13:51Signed – This makes me so angry and so sad. As said in the comment before,
this truly is beyond disgrace.
December 6, 2010 at 13:49Signing.
Facebook it.
Who’s their MP? Send a copy of this post to whomsoever it is.
I thought Call Me Dave was going to put a stop to this bloody socialist
control-freakery.Bastards, all.
December 6, 2010 at 13:45Signed and sickened.
December 6, 2010 at 13:41My great uncle had autism but had a full life because he was cared for by
the family and community. He was indeed part of the community. He would go for
walks that lasted about an hour most days in the area and especially liked the
park and feeding the ducks. Everyone knew that he had to be back at the pub
(my grandmothers) for closing time which was 3pm. Many a time he was brought
back home by members of the community (including children … aghast! horror!)
when he pushed or forgot the 3pm deadline. He also like going to the local
shops. l can still picture him with a shopping bag in one hand and his little
purse in the other containing money and the shopping list.
December 6, 2010 at 13:20Totally sick, signing the petition and posting on Facebook.
Simon
Mulholland
December 6, 2010 at 12:45Signed – with shaking hand and the air blue with impolite words for those
ghastly sub-humans who have perpetrated this evil.
December 6, 2010 at 12:18signed, emailed, blogged.
Stuff the State.
December 6, 2010 at 11:43Signed and I’ll be posting it on my Facebook page.
What on earth is this country coming to??
December 6, 2010 at 11:40Signed. Bunch of bastards!
December 6, 2010 at 11:37Being a human being and a professional is not difficult ; I worked with
autistic children (mostly) for many years.Oddly, I never found an issue with the difference between a child tapping
me to get my attention, because they wanted something, and being assaulted
(which happened extremely infrequently).Autism is partially a communications disorder and partly a social
comprehension disorder (amongst other things !).More or less by definition, their methods of communication are
inappropriate.
December 6, 2010 at 11:30Signed. The lunatics have definitely taken over the asylum, and this is
more evidence of it.
December 6, 2010 at
11:20FFS.
Signed.
- December 6, 2010 at 11:07
So, instead of caring for this man effectively at at a reasonable cost to
the public purse – because luckily his father was prepared to do the hard work
– we now have fantastic numbers of people sticking in claim forms for making
things worse.Even if one did not give a fig for things such as the welfare of Stephen or
decency, the sheer waste of money should tell us that this must not be
allowed.
December 6, 2010 at 10:17I am gobsmacked and haven’t got my thoughts together but need to ask, is
there any possibility that the public could pay for an independent
assessment?
December 6, 2010 at 17:04I’d donate to that!
December 8, 2010 at 12:35So would I! This is an outrageous case.
December 6, 2010 at 10:17Few things in life make me seethe with anger… This report just achieved
that. Beyond a disgrace, truly the lunatics are running the asylum.
December 6, 2010 at 10:02What is wrong with these sicko’s?
Petition signed.
CR.
December 6, 2010 at 10:57They suffer from a world-wide mental sickness which convinces them that
they know best. Like many delusions, there is no known cure. Sadly, the very
nature of the illness forces sufferers into positions of authority, where
they can exercise their superior knowledge.
December 6, 2010 at 10:02Signed. I heard this story on Radio 5 a couple of weeks ago. The poor
father was devastated.At times I wonder hat the world is coming too when parents are being kept
from their own children for their own saftey.I have a daughter and I cannot even process the thought of someone taking
her without getting angry.
December 6,
2010 at 09:16So depressed now. Petition signed. Bloody hell.
- December 6,
2010 at 08:11 “…I would think most of my readers will have figured out for themselves
by now the reasons for his behaviour.”Well, that’s because we’re human beings, not ‘professionals’.
December 8,
2010 at 15:00I’m a professional – but this article struck a profound sense of
frustration and sadness in me. Sweeping generalisations are
counterproductive…
December 8, 2010 at 20:12I’m a professional too (or was) and concur with Ryan’s views. Blaming one
group for failings in a system seem unhelpful and potentially unproductive…
Having said that, if there are problems within a system, it is invariable a
failure of management: “Those who don’t know how to manage are managing
those who don’t know what to do” (Gary LaVigna).One issue is that much professional training focuses on diagnoses,
disorders, reductionist interventions, and not on the person, their sense of
self and their contexts. Given the common experiences of many individuals
with autism spectrum conditions, in that predictable routines are helpful,
that verbal-communication can easily go awry, that perceiving sense through
the sensory maelstrom is sometimes difficult, then ‘meltdowns’ in
autism-unhelpful situations is inevitable.What this story- as presented, without insight into the details- what
this shows is not best interests, it does not reflect professionalism, and
certainly not positive behaviour support. It debases all these constructs.
It suggests that when push comes to shove, the shove wins, and in many such
situations, it is clearly not the individual who holds the power to shove.If people’s needs are not met, we often see ‘challenging behaviour’ or as
Geraint Ephraim named it, “exotic communication.” People (including
professionals, medics, staff and all of us) often fall into the trap of
processing people, and we don’t listen too much to ‘please’ or ‘stop’ but do
listen (and respond) to perceived threats to authority and certainly to a
kick in the teeth or a slap. “A punch in the face is an act of communication
that is difficult not to hear.”How about viewing this not as problem behaviour but as
self-determination, as saying loud and clear ‘you are not meeting my very
human needs?’What people need is mindfulness, rapport, person-focused support, not
being blamed for reacting to inadequate situations. Herb Lovett said it
eloquently in ‘Learning to Listen’ except not many listened to Herb,
RIP.
December 6, 2010 at 08:03Signed, and now very depressed again. What a shit Country.
December 8, 2010 at 14:50Agree 100%
December 6, 2010 at 07:25National Socialism never really went away, did it? The weaker members of
society are to be “solved” first. We’re all next. Faceless state jobsworths,
ruining lives with unrestrained powers – ugh.
{236 comments }