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Evidence of New / Escalating Criticism of Lincolnshire Adult Social Care

Ombudsman / Care Act Failures

A recent (April 2025) LGO decision (ref 24-003-962) found fault in how LCC (via Lincolnshire Partnership NHS Trust, acting for LCC) handled a Care Act assessment and care plan for a person with mental and physical health needs. Specifically: no advocate was involved despite communication difficulties, care was inconsistent, and there was poor communication / information-sharing — this caused distress. Local Government Ombudsman

Another case (Centre for Adults’ Social Care report, June 2025) describes a woman with complex mental health needs whose move into the county triggered fragmented / inadequate support. LCC (via its partner trust) failed to provide consistent care, arranging too few hours vs her assessed need, and she suffered distress, hospital admissions, and isolation. cascaidr.org.uk

A separate Ombudsman ruling (July 2025) relates to transition from children’s to adult services. LCC made “errors in care package decisions and communications” for a young adult with disabilities (including transport for day-centre attendance), causing her to miss care. cascaidr.org.uk+1

Healthwatch Lincolnshire Feedback

The Healthwatch Lincolnshire report (2025) includes a case (Feb 2025) of an adult social care user whose health needs were compromised because of lack of proper care provision. According to the report, the person is a wheelchair user and needs increased care post-operation, but LCC could not guarantee provision for that increased care, leading to the cancellation of a surgery. Healthwatch Data

While this is not explicitly “mental health care,” it shows stress / risk in how adult social care assesses and responds to changing care-need demands — including when health interventions (surgery) would make care needs temporarily more intense.

Local Media / Policy

Lincolnshire World reported very recently (Oct 2025) that LCC officials are considering reducing the number of “active recovery beds” (mental-health-related step-down beds) from 29 to 24. That’s a significant signal: reducing capacity in part of the mental health recovery system could be seen as cutting back or deprioritising mental health care for adults. LincolnshireWorld

Complaint Statistics

In its 2024–2025 complaints report, LCC notes that 23 complaints from that year were escalated to the LGSCO about adult care. Lincolnshire County Council

While not all these will be about mental health, it suggests a non-trivial volume of serious complaints in the adult care sphere.

Interpretation & Assessment

The Ombudsman findings are the strongest concrete evidence: there are real cases where LCC has failed to provide or plan care properly for people with mental health or complex needs. These are not isolated paperwork mistakes, they have caused distress and had a material negative impact.

The Healthwatch case indicates that some people struggle to get social care to respond when their health needs (which may interact with mental health) change. That could suggest capacity / resource problems in LCC’s adult social care provision.

The proposal to reduce active recovery beds is worrying: if implemented, it could worsen recovery pathways for people needing step-down mental health care. That could be a policy direction that reduces service rather than expands it.

However, the CQC’s most recent (pilot) assessment of LCC adult social care is still “Good”, which means from a regulator’s perspective, the overall adult social care system is functioning reasonably well (though not without room for improvement, especially in certain pathways). Lincolnshire County Council+2Care Quality Commission+2

There is new and escalating criticism of LCC’s mental-health-related adult care: through Ombudsman decisions, Healthwatch reports, and potentially in policy (bed reductions).

The criticisms are not wholesale systemic collapse, but they do raise serious concerns about how well LCC is meeting the needs of vulnerable adults — particularly those with complex mental health or changing care needs.

Some of the key pressure points: assessment and care planning, continuity / consistency of care, capacity in recovery services, and responsiveness to changing needs.

Briefing Summary: Criticisms of LCC Adult Mental Health Care (2023–2025)

1. Financial & Demand Pressures

LCC’s 2024/25 financial performance review reports a significant overspend in mental health adult care:

Community supported living (for working-age / mental health clients) overspent by £3.2 million, of which £1,060,000 relates to “Growth in demand for DoLS / LPS” (Liberty Protection Safeguards) due to a much higher-than-expected increase in client numbers (94 new clients vs 25) planned). lincolnshire.moderngov.co.uk+2lincolnshire.moderngov.co.uk+2

Long-term residential mental health care also saw growth: 27 new clients, resulting in a £0.408 million overspend. lincolnshire.moderngov.co.uk+1

Short-term care (mental health) clients exceeded budgeted numbers, adding further financial pressure. lincolnshire.moderngov.co.uk+1

The budget for 2025/26 continues to forecast rising demand in mental health: LCC recognizes a 3–6% annual growth in working-age / mental health service demand. lincolnshire.moderngov.co.uk

In its executive meeting (Aug 2025), the Overview & Scrutiny Management Board flagged this as a “volatile and risk-based” budget area, with ongoing close monitoring. lincolnshire.moderngov.co.uk

Implication: LCC may be under-estimating both the scale and pace of demand growth for mental health care, risking repeated overspends and service strain.

2. Service Reduction Controversies – Active Recovery Beds

Local media (LincolnshireWorld) report that LCC is proposing to reduce the number of Active Recovery Beds (ARBs) from 29 to 24. LincolnshireWorld

These beds are used for people stepping down from hospital but not yet ready to return home, reducing them could limit “step-down” capacity. LincsOnline+1

The Council argues the reduction aligns with “presenting demand” and will improve occupancy (from ~70% to ~90%). LincolnshireWorld

However, some councillors have expressed concern: e.g., whether this reduction under-provides in the face of broader NHS / social care pressures. LincolnshireWorld+1

Implication: The proposed cut could undermine recovery capacity; critics worry demand may outstrip reduced supply, especially as patients leave hospital.

Ombudsman Findings – Assessment & Care Planning Failures

In LGO decision 24-003-962 (April 2025), the Ombudsman upheld a complaint against LCC:

LCC (via its partner, Lincolnshire Partnership NHS Trust) failed to provide reasonable adjustments in a Care Act assessment despite the complainant’s mental and physical health issues. Local Government Ombudsman

The decision-making was inconsistent: carers were not familiar with her, there was inadequate handover, and no advocate was involved even when needed. Local Government Ombudsman

The Council also made housing decisions (moving the person) that the Ombudsman found unsuitable. Local Government Ombudsman As a remedy: LCC must apologise and pay a sum to acknowledge the injustice caused. Local Government Ombudsman

A separate Cascaidr analysis (July 2025) highlights another case: LCC failed to properly manage a care package for a person with mental health and possibly autistic traits. Adult Social Care Centre

The complaint noted that LCC did not properly assess the person’s capacity or share information with providers, leaving her without adequate support. Adult Social Care Centre

The analysis argues that LCC’s assessment systems / legal understanding may be weak in dealing with complex, capacity-fluctuating mental health cases. Adult Social Care Centre

Another Cascaidr / Ombudsman case (Sept 2025): poor management of transition from children’s to adult services for a young woman with disabilities (including mental health / supportive needs). Adult Social Care Centre

The Council initially promised transport + day-centre attendance but later withdrew transport without confirming that a closer centre could meet her needs, resulting in missed care. Adult Social Care Centre

The Ombudsman found LCC at fault: decisions were made without fully checking alternatives; communication was confusing; and there was procedural failure in its authorisation processes. Adult Social Care Centre

The Council was required to apologise and pay a symbolic amount, and to remind staff about proper internal authorisation procedures. Adult Social Care Centre

Implication: There appear to be systemic weaknesses in LCC’s assessment, planning, and communication processes especially for people with complex mental health needs or transitioning from children’s services. This raises risk of unmet need, distress, and legal non-compliance.

Local Advocacy / Healthwatch Voice

Healthwatch Lincolnshire’s 2024/25 Annual Report shows increasing engagement, but also highlights challenges: while not all issues are mental health–specific, many concern social care access, capacity, and unmet needs. healthwatchlincolnshire.co.uk

In the 2024–25 interim work plan, Healthwatch identified “influencing decision-makers” and “addressing underrepresented groups” as key priorities, suggesting they are pushing for more responsive, inclusive care provision. healthwatchlincolnshire.co.uk

Local media commentary (LincolnshireWorld) also notes LCC acknowledging rising complexity in mental health care packages and growing costs:

“a major contributor to cost pressures … an increase in demand and complexity of mental health services.” LincolnshireWorld

Implication: Local citizen-led organisations are raising the alarm about escalating demand, growing complexity, and pressures on mental health adult care — suggesting these are not just financial issues but affect quality and accessibility.

Strategic & Systemic Risks

During a Council Executive meeting (July 2025), a councillor (Steve Clegg) explicitly questioned LCC’s mental health community support overspend. The Executive Director (Adult Care) acknowledged demand is rising “faster than elsewhere” and hinted at concerns over the quality of existing service delivery. Open Council Network

LCC’s written evidence to Parliament (recent submission) also warns that demand for adult mental health care is exceeding previous forecasts, putting “increasingly strained” pressure on the system. UK Parliament Committees

Implication: The financial and service pressures are not short-term or one-off: there’s a real risk that demand continues to outpace LCC’s capacity, potentially degrading care quality or forcing tough decisions (like bed cuts).

Overall Summary

Demand is rising fast: LCC is seeing more working-age / mental health adult clients than budgeted for, driving large cost overruns.

Service capacity is under threat: Proposed reductions in Active Recovery Beds raise concerns about recovery pathways.

Professional standards are being questioned: Ombudsman decisions show LCC sometimes fails in assessments, support planning, and legal duties, especially for those with complex, fluctuating mental health needs.

Local voices (Healthwatch, Councillors) are pushing back: There is growing unease about how LCC is managing this demand, both financially and in terms of service delivery.

Strategic risk is real: Unless LCC adapts, by increasing capacity, improving assessment processes, and planning strategically — there is a danger that its mental health adult care provision will become unsustainable.

A separate Cascaidr analysis (July 2025) highlights another case: LCC failed to properly manage a care package for a person with mental health and possibly autistic traits. Adult Social Care Centre

The complaint noted that LCC did not properly assess the person’s capacity or share information with providers, leaving her without adequate support. Adult Social Care Centre

The analysis argues that LCC’s assessment systems / legal understanding may be weak in dealing with complex, capacity‑fluctuating mental health casesAdult Social Care Centre

The Care Act 2014 requires councils to assess any adult who appears to need care and support, regardless of financial circumstances, and to involve the individual and any carer or anyone else they wish to be involved. Assessments must be timely, involve the person, and consider their wellbeing and desired outcomes. Care and support plans must be co-produced, include a personal budget, and be responsive to changing needs. 

When a person moves between council areas, there are statutory duties to ensure continuity of care (section 37), but they do depend on the destination council knowing that the person is on their way. 

Councils must also consider reasonable adjustments for communication and mental health needs, and ensure advocacy is provided where it is triggered by the concept of the person’s substantial difficulty engaging in the Care Act processes of assessment, care planning or revision (regardless of having a willing relative) without one being appointed. 

The failure to provide adequate care and support, or to arrange advocacy, is a breach of statutory duty.  It renders the assessment invalid, in community care and public law and that has been the case since the Haringey judgment in 2015.

Every year, tens of thousands of vulnerable adults, elderly people with dementia, individuals with learning disabilities, psychiatric patients are subject to care decisions under the UK’s Mental Capacity Act 2005 (MCA). The Act was designed as a safeguard: to ensure their rights, to assess whether they can make decisions, and to limit the use of coercion. But a growing body of evidence suggests that many Local Authorities and NHS trusts are failing at that mission. Rather than protecting autonomy, systems designed to shield people from abuse may be enabling institutional convenience.

A System Under Pressure

According to the Care Quality Commission (CQC), the system overseeing deprivation of liberty is creaking. Their 2023–24 report on DoLS (Deprivation of Liberty Safeguards) found that many supervisory bodies are “significantly under-resourced.” Some local authorities told CQC they lack enough assessors and cannot keep pace with soaring demand. Care Quality Commission

One local authority said they would “be doing this for around 18 months just to clear” their backlog if no new applications came in. Care Quality Commission

The problem: only 19 % of DoLS applications are completed within the legal limit of 21 days; many people wait between 12–18 months. Local Government Lawyer+2Care Quality Commission+2

Resource-constrained councils cite staffing shortages and rising caseloads as the key drivers. Local Government Lawyer

This is not a quirk – it’s systemic. SCIE (the Social Care Institute for Excellence) analysis shows 67% of local authorities assessed by the CQC still “require improvement” in their DoLS arrangements. Local Government Lawyer

When Safeguards Are Delayed, Rights Are Denied

The delays are not harmless. In some cases, people who should have formal protections under the MCA are left in legal limbo. The Local Government & Social Care Ombudsman (LGSCO) has repeatedly raised red flags:

In a high-profile case, Surrey County Council had 5,700 outstanding DoLS requests as of 31 March 2022. Bond Solon

The average time to complete an assessment in that area was 345 days, more than double the national average of 154 days. Bond Solon

The Ombudsman found that Surrey appeared to rely on an “ADASS screening tool” to prioritise, but in so doing, “were not following the legal criteria contained in the Mental Capacity Act … around time frames.” Bond Solon

In another case, Southampton City Council was criticized for its high numbers of outstanding MCA assessments and DoLS applications (382 and 404 respectively), and for delaying assessments so long that people were restricted without the legal protections they ought to have. Local Government Lawyer

Misunderstanding, Misapplication, and Mis-training

Many of the problems stem not only from resource scarcity, but from widespread misunderstanding of the MCA among professionals:

Poor Understanding by Providers

In its 2022–23 monitoring report, CQC found that some providers did not properly implement the conditions of DoLS authorisations (e.g., access to places of worship or visits), meaning the restrictions imposed might not actually reflect the person’s best interests. Care Quality Commission There was also “poor recording of mental capacity assessments.” Care Quality Commission

In some mental health settings, CQC observed that staff did not clearly understand the interface between the MCA and the Mental Health Act, leading to poor decisions about which framework to use. Care Quality Commission

Lack of Training & Governance

According to a CQC report from 2013, care staff often misunderstood even the basics of the MCA, restraint was not always recorded or considered properly, and “best interests” decisions were sometimes poorly documented. Care Quality Commission

The same report noted that, in some services, there was little attempt to maximise a person’s capacity before resorting to restrictions. Care Quality Commission

Mental Capacity Law and Policy (a specialist commentary) analysed 139 “Notices of Proposal” from 2023–24 (when new providers were registering) and found that 66 related explicitly to noncompliance with the MCA. Mental Capacity Law and Policy

Institutional Incentives Over Individuals’ Best Interests

Beyond lack of training, some systemic incentives risk tilting decisions in favour of institutions rather than individuals:

The Social Care Institute for Excellence (SCIE) argues that resource pressures are pushing councils toward “triage approaches”: using screening tools to prioritise some cases, leaving others in backlog indefinitely. Local Government Lawyer

CQC’s State of Care report observed a “wide variation” in how different local authorities manage applications, with some applying blanket restrictions to all residents, even when less restrictive options might suffice—raising the question of whether these measures are more about institutional convenience than individual rights. Community Care

In its analysis, CQC also noted a “misconception among some providers that a DoLS application equated to an authorisation being in place.” In other words, some staff may believe applying for DoLS is enough, without fully thinking through what restraints should or should not be authorised. Community Care

Consequences for People

The human cost is considerable. The Health & Care Professionals Alliance (HCPA) published a report, The Right to Decide, collating investigations by the Ombudsman:

One person was removed from their family home in the dead of night without prior notice, without formal capacity assessments. HCPA

Another was moved 15 miles away to a care home, but no adequate best-interests process had been documented; friends and family felt cut out of decision-making. HCPA

In a third case, the complaint upheld by the Ombudsman noted that organizations had failed to collaborate and ensure the person received the care they actually needed, rather than what was convenient. HCPA

Over one year (2016–17), the Ombudsman estimated that up to 20% of adult social care complaints they investigated concerned capacity or DoLS; 69% of those cases were upheld, indicating systemic failure. HCPA

Judicial and Legal Alarm Bells

Legal scrutiny has also exposed deeper problems in how capacity assessments are carried out:

A recent Mental Capacity Report (March 2025) highlighted how local authority assessments sometimes rely on “unstructured” or flawed capacity-assessment forms that fail to align with the statutory framework of the MCA. Judges have pointed out the need for assessments to be “evidence-based, person-centred … not made to depend … upon the identification of a so-called unwise outcome.” Mental Capacity Law and Policy

The report also emphasizes the mental/clinical versus legal distinction: “insight is a clinical concept, whereas decision-making capacity is a legal concept.” When that line is blurred, local authorities risk wrongly judging people to lack capacity. Mental Capacity Law and Policy

Reform on the Horizon – But Progress Is Slow

The system’s flaws are well known, and reform has been promised for years. The Law Commission criticized the existing DoLS framework as a “bureaucratic nightmare” back in 2017, estimating that thousands were being held without proper authorisation. The Guardian Reform is due via the Liberty Protection Safeguards (LPS), but even the transition has collided with delays, confusion, resource constraints, and lack of clarity among commissioning bodies. Care Quality Commission+1

Why This Looks Like “Misuse”

All this is not necessarily sinister. It may not always be malicious. But the patterns suggest that institutional pressure (caseload, funding) is influencing how the MCA is applied.

“Backlogs” are used to justify delayed or reduced protections, potentially depriving people of their legal rights.

Poor understanding of the law among providers and assessors means that deprivation of liberty sometimes happens without rigorous, lawful assessment.

Some providers treat DoLS applications as a “box tick” rather than a serious, rights-based safeguard.

There is little consistency in how authorities prioritise or justify cases, raising questions about equity and accountability.

In short: the system designed to protect autonomy may be bending to convenience.

Voices of Concern

Advocacy groups and legal commentators argue that the very architecture of DoLS makes it vulnerable to misuse.

Families bereft of influence after capacity decisions feel marginalised.

The CQC has repeatedly warned of human rights risks, urging “urgent reform” to ensure people do not remain indefinitely in restrictive settings without proper legal safeguards. Community Care

What Needs to Change

From the evidence, three priorities emerge:

Local authorities desperately need more staff trained in MCA assessments, best-interests decision-making, and authorising deprivations of liberty.

Providers must deepen their understanding of not just how to assess capacity, but why; training must embed respect for autonomy, not just risk management.

There should be clearer mechanisms to hold councils and trusts accountable when they fail or delay assessments, including robust advocacy for individuals and families, and accessible appeals.

The Mental Capacity Act 2005 was meant to be a guardian of dignity, choice and protection. But in too many cases, it is being stretched—by overwork, underfunding, misunderstanding, and institutional inertia—into something else: a tool that limits liberty under the guise of safeguarding. The neglect may not always be malicious, but the effect is often the same: vulnerable people left waiting, unheard, and powerless.

Unless reform accelerates, the very safeguards meant to protect them may end up being the prison.

Locked In: How the Mental Capacity Act Is Being Bent

A 2023–25 Court of Protection Timeline

Since 2023, a steady stream of Court of Protection and family-court judgments, regulator reports and ombudsman decisions have drawn a picture of a system stretched to breaking. Chronic DoLS (Deprivation of Liberty Safeguards) backlogs, inconsistent legal reasoning about when someone is “deprived of liberty”, and repeated judicial reminders that local authorities and NHS bodies must follow the statutory safeguards.

The evidence does not usually show conspiratorial intent; it shows routine institutional pressure (backlogs, triage, lack of expertise) producing unlawful or inadequate use of the Mental Capacity Act 2005 (MCA). Below I trace the most important court decisions and official findings from 2023–2025 that illustrate how those failures translate into people losing rights and legal protections.

Quick summary of the headline evidence (short)

DoLS backlogs and missed statutory timeframes have been documented by the CQC and Ministry of Justice statistics, leaving many people without timely authorisations. Care Quality Commission+1

The Local Government & Social Care Ombudsman (LGSCO) has upheld complaints where councils failed to assess DoLS requests within legal timeframes, finding people “wrongfully deprived” or left restricted without proper authorisation. Local Government Lawyer+1

Court of Protection judgments in 2023–2025 illustrate recurrent themes: disputes about whether an intervention amounts to a deprivation of liberty, whether the Mental Health Act or MCA should apply, and whether authorisations or court orders were achieved lawfully and with proper best-interests reasoning. Mental Health Law Online+2Court of Protection Hub+2

Timeline: key court decisions, regulator findings and turning points (2023–2025)

2023 Rising Court workloads; judicial scrutiny of care plans

Jan–Jun 2023 Lancashire & South Cumbria NHS Foundation Trust v AH [2023] EWCOP 1

HHJ Burrows considered whether a proposed placement and care regime for AH involved a deprivation of liberty, and emphasised the need for careful, evidence-based assessment of whether restrictions go beyond what is necessary and lawful; the judgment shows how complex clinical/risk decisions become legal disputes requiring judicial oversight when the boundaries between care and confinement are blurred. Mental Health Law Online

May 2023, Manchester University Hospitals NHS Foundation Trust & JS [2023] EWCOP 12 A judgment explored the expiry of a Mental Health Act authority and the resulting question whether a person then lacked lawful authorisation and therefore was being deprived of liberty under the MCA. The case emphasises the fragile interface between the Mental Health Act and the MCA and how administrative lapses can convert clinical placements into unlawful deprivations. Court of Protection Hub

Mid-2023, Surge in Court of Protection workload and DoLS applications Commentators and the National Deprivation of Liberty Court reported rising numbers of applications — Courts were seeing more DoL applications and challenges, creating delay and pressure on judicial lists. These workload pressures mirror the operational backlogs being reported by authorities. Community Care+1

2024. Backlogs, legal uncertainty and children’s cases

Early–Mid 2024. Court decisions emphasise rigor of capacity reasoning Judges continued to insist capacity and best-interests assessments be person-centred and evidence-based; some hearings were listed (or refused on paper authorisation) because the court would not rubber-stamp restrictions in the absence of robust reasoning. The “failed to authorise on the papers” approach demonstrates judicial unwillingness to accept weak or incomplete local authority evidence. openjusticecourtofprotection.org

Mid–2024. Record Court activity and a spike in challenges. Ministry of Justice and reporting bodies recorded sharp rises in DoL/Court of Protection activity (for example, large increases in challenges and applications in early-2024), feeding a public debate that some deprivation orders are being used as a cheaper, quicker option than community care packages. Campaigners argued the rise signalled an institutional shift towards authorising restrictions rather than funding viable community alternatives. The Guardian+1

2024 Children’s deprivation-of-liberty jurisprudence. The family and High Court continued to revisit whether parental/local-authority consent can lawfully authorise confinement of children (cases flowing from Lincolnshire CC v TGA (2022) and related 2024 hearings). These decisions underscore how confusion about who can legally “consent” to restrictions risks inappropriate or unreviewed confinements for young people. (The Court of Appeal would then revisit these issues in 2025.) 39 Essex Chambers+1

2025 Consolidation, pushback and appellate refinement

Jan–Apr 2025. Continued judicial clarification (Re V (Profound Disabilities) and related High Court judgments)

High Court judgments in 2025 examined the fine line between care that meets profound needs and state action amounting to deprivation of liberty, finding in some instances that severe disability (and incapacity to leave) meant there was no Article 5 deprivation because the person could not, physically, assert liberty in the ordinary sense. These nuanced rulings highlight inconsistency in outcomes across jurisdictions and how factual differences produce different legal results, which in turn creates inconsistent practice by local authorities. Mental Health Law Online+1

2024–2025. Ongoing CQC warnings and statistical picture CQC’s State of Care reporting for 2023–24 documented that only 19% of standard DoLS applications were processed within the statutory 21-day window and that over 120,000 people were awaiting authorisation at March 2024, a scale of backlog that the regulator described as a human-rights risk. The chronic backlogs and the use of risk-based triage were repeatedly flagged as drivers of unlawful or delayed authorisations. Care Quality Commission+1

April 2025. Court of Appeal revisits limits on local authority consent for children (J v Bath & NE Somerset Council & Ors [2025] EWCA Civ 478). The Court of Appeal corrected earlier Family Division reasoning and clarified that local authorities cannot simply “consent” to confinement for children in their care in the same way parents can, a ruling that tightened a prior area of legal uncertainty and reduced scope for local authorities to rely on loose consent arguments. This is an example of appellate courts pushing back where local practice had expanded the boundaries of lawful restriction. Mental Capacity Law and Policy

Representative examples where court/regulator findings show misuse (or unlawful application) of the MCA

Administrative or procedural failures that created unlawful deprivations. The Manchester University Hospitals case shows how expiry of an appropriate authorising power can leave a person without lawful authorisation; judges have been alert to gaps where no lawful regime was in place but the person remained restricted. Court of Protection Hub

Prioritisation/triage and backlog decisions producing restrictive outcomes without timely authorisation. CQC statistics and Ombudsman decisions (e.g., Surrey County Council LGSCO findings) document councils using screening tools and prioritisation, resulting in very long waits for DoLS assessments and people effectively restricted without legal protections. Care Quality Commission+1

Confusion at the MHA–MCA interface and inappropriate use of one regime to avoid another. Judgments have repeatedly had to untangle whether the Mental Health Act or the MCA should apply; errors or delays in determining the correct legal framework have led to contested deprivations of liberty that end up in court. Court of Protection Hub+1

Use of the inherent jurisdiction/family court in place of clearer statutory routes. In children’s cases, family courts’ use of parental consent or inherent jurisdiction to authorise confinement has provoked appellate correction (2024–25) because the practice risked leaving children without the specific statutory safeguards intended by the DoLS/LPS frameworks. 39 Essex Chambers+1

What the cases show about why misuse (or inadequate use) happens

Pulling the cases and reports together shows repeated causal drivers:

Capacity and DoLS workloads are outpacing resources. Authorities adopt risk-based triage and screening tools (documented by CQC and LGSCO). Care Quality Commission+1

Knowledge gaps and weak record-keeping. Courts regularly call for evidence-based, person-centred capacity assessments and find records are often inadequate. Mental Capacity Law and Policy

Legal uncertainty (children, the MHA–MCA interface, what constitutes “state responsibility”) leads to inconsistent practice; judges correct the approach but only after rights have been restricted. 39 Essex Chambers+1

Case snapshots (short, cited extracts you can follow up)

Lancashire & South Cumbria NHS Foundation Trust & Lancashire CC & AH [2023] EWCOP 1. HHJ Burrows authorises measures but stresses careful scrutiny of deprivation questions. (See mentalhealthlaw and Court of Protection Hub summaries.) Mental Health Law Online+1

Manchester University Hospitals NHS Foundation Trust & JS [2023] EWCOP 12. Judge found that once the MH Act authority expired, the person’s continuing restrictions triggered deprivation-of-liberty questions under the MCA. (Lesson: administrative lapse -> legal problem.) Court of Protection Hub

Stockport MBC v KB [2023] EWCOP 58 (reported analysis). Judicial analysis of community DoL applications and the kinds of medical evidence required (illustrates the court responding to poor or inconsistent local authority practice). Local Government Lawyer

Series of family/care cases on children (2022–2025). Lincolnshire CC v TGA (2022) spawned follow-on litigation and appellate correction in 2025; the arc shows local authorities and courts grappling with who may lawfully authorise confinement of children in their care. 39 Essex Chambers+1

Regulatory & statistical evidence. CQC: chronic DoLS backlogs and only 19% applications met statutory timescales (2023–24). LGSCO: formal findings that councils’ delays led to unlawful restriction in named investigations (e.g., Surrey). Ministry of Justice / court statistics: rising DoL applications and court challenges in 2024. Care Quality Commission+2Local Government Ombudsman+2

What this means for people and families (real effects shown in cases)

People have been left restricted for months without a lawful authorisation; families have been excluded from decision-making or told the only option is placement. Ombudsman and court reports give concrete examples of people moved long distances or denied contact because an adequate best-interests process was not carried out. Local Government Ombudsman+1

Conclusion — legal fixes are occurring, but slowly

Between 2023 and 2025 the courts have repeatedly had to step in to correct, fine-tune and sometimes rebuke local practice. The evidence is consistent: misuse is often not a deliberate plot but the predictable consequence of under-resourcing, inadequate training, inconsistent legal reasoning and the temptation to use deprivation orders as administratively convenient substitutes for proper social care packages. Appellate authorities (and the CQC/LGSCO) have pushed back, but only partly: operational backlogs and resource constraints mean the same problems recur across jurisdictions.

Hidden in Plain Sight: The Secrecy and Power of the Office of the Public Guardian

The role of the Office of the Public Guardian (OPG) in England and Wales is, on paper, laudable. Tasked under the Mental Capacity Act 2005 with protecting some of society’s most vulnerable, the mentally incapacitated, those with severe illness or debilitation, its remit should command public trust. 

Yet for many families caught in its orbit, the reality has been something quite different: an opaque system, court-enforced gagging orders, accusations of wrongdoing levelled at innocent relatives, and little meaningful public scrutiny.

Secrecy by Default

The Court of Protection (CoP), which often works in tandem with the OPG when deputies are appointed or decisions made about capacity, remains shrouded in confidentiality. The legal framework makes it a contempt of court to publish a judgment unless the judge gives permission. As one commentary observed:

“We are finding that a significant minority of Transparency Orders prohibit identification of public bodies … for no apparent reason.” 

Practically speaking, this means families may find themselves accused of wrongdoing (or coerced into quiet settlement) while the processes, evidence and reasoning remain entirely hidden from view.

Worse still, these orders can apply to public bodies such as the OPG itself, insulating its decision-making from public scrutiny. 

Innocent Relatives Cast as Perpetrators

At the heart of the concern is that relatives, often the person closest to the vulnerable individual and already facing huge financial and emotional burdens are suspected, investigated or side-lined with minimal transparency. While specific names and dates are understandably anonymised, the patterns are evident:

Families recount being labelled as “concerned with their own interests” by the OPG or Court, despite no credible evidence of abuse.

The stress on relatives is profound. One family’s voice:

“We are all receiving medical help for the stress … it’s not stress due to my father’s illness – but due to all of this!” 

Although I could not locate a publicly-reported case in which a relative was definitively found innocent yet publicly cleared (owing to anonymity orders), the fact that the narrative of “accused relative” can proceed behind closed doors is deeply troubling. The system allows for a relative to be treated as a suspect, with the game largely hidden from view.

The Power Imbalance: Vulnerable Person vs State Apparatus

The vulnerable individual is meant to be the system’s focus. Yet the apparatus—OPG investigations, deputies, Court proceedings—can shift the locus of control away from the person and their trusted circle into a framework where state-appointed officials and judicial fiat dominate.

Some commentators argue the Court of Protection “institutionalises inequality … allows untested and hearsay evidence, restricts participation and disclosure” and thus risks breaching fair-trial standards. 

When trust and cooperation of relatives is replaced by suspicion and exclusion, the very aim of safeguarding may be undermined. Families describe how they are “never told what the goal-posts are”, “constantly moved on”, and prevented from simply being a family with their loved one. 

When the “Protector” Becomes the Gatekeeper

The OPG’s formal account of its investigative powers states that although around 2,800 investigations may be opened each year, “in most cases we find that there is no case to answer”. 

Yet this doesn’t mitigate the impact on those lives on which such investigations are launched. The act of being under investigation, being treated as a potential perpetrator, often sealed behind ‘confidentiality’, can itself be destructive: emotionally, financially and socially.

The official complaints procedure of the OPG emphasises responsiveness—aiming to reply within 10 working days, offering apologies and redress for proven mistakes.  But that only works after the damage is done. The system does little to ensuretransparency before or during the process which has the potential to pulverise a family’s trust and life.

Why It Matters

Transparency is not optional when the state effectively takes over personal decision-making, finances and care of those lacking capacity. Without clear oversight, power becomes unaccountable.

Relatives must not be collateral damage in protection systems. When a relative is treated as suspect, the family unit is fractured, and the very support the vulnerable person needs is compromised.

Public confidence in the guardianship framework demands more than good outcomes: it demands visible, understandable, and fair processes. The current veil of secrecy undermines deeper trust.

What Could Change

Defaults to openness: The CoP should adopt publication of hearings or summaries by default unless there is a compelling privacy reason—not the other way around.

Independent oversight: A body independent from the OPG should audit cases where relatives were investigated but cleared, ensuring learning and accountability.

Clearer pathways for families: When families are told they are “being investigated”, they should have the right to know the allegations, the evidence, and to respond—rather than being passive subjects.

Redress for families harmed by process: If a relative has been wrongly treated as a perpetrator, there should be accessible mechanisms for apology, compensation and restoration of name.

In Conclusion

The Office of the Public Guardian was established to protect those who cannot protect themselves. Yet somewhere along the way, the balance of power has shifted. Instead of championing the rights of the vulnerable, the system risks treating their trusted relatives as adversaries and cloaking its actions in near-total secrecy.

For a democracy that values dignity, justice and openness, this cannot stand. The very people who ought to be protected—the most vulnerable—deserve more than a system that operates behind locked doors. Families deserve more than the fear of being branded perpetrators without ever seeing the case against them.

The guardianship framework must be reformed not just in form but in spirit. And the public, including those whose voices are quieted by gagging orders must hold it to account.

Hidden Power, Hidden Harm: Inside the Secret World of the Office of the Public Guardian

Standfirst

Behind the closed doors of England’s guardianship system, families of vulnerable adults say they are being silenced, accused, and destroyed by the very agency meant to protect their loved ones.

The Quiet Power Behind Closed Doors

The Office of the Public Guardian (OPG) is a little-known yet immensely powerful branch of the UK’s justice system. Operating under the Mental Capacity Act 2005, it oversees attorneys, deputies, and the property of people deemed unable to make their own decisions.

Its mission is noble: to protect the vulnerable.

Its methods, critics say, are anything but.

Families across the UK describe being labelled abusers, cut off from their relatives, and trapped in secret legal processes, all triggered by a single document: the OPG130 form.

“With one tick box, I became a ‘suspected perpetrator’,” says one carer, whose mother has dementia.

“No one ever checked the facts before our lives were turned upside down.”

The OPG130 Form: A Bureaucracy of Accusation

The OPG130 form is the official channel for “raising a concern.” A care home, GP, or neighbour can file it, checking boxes for financialemotional or physical abuse and naming the supposed perpetrator.

This is meant to protect the vulnerable, yet it often creates accusation by default.

“The Public Guardian was content to commence proceedings solely on the basis of the desk-top evaluation of the case carried out by an investigator.”
 The Public Guardian v DJN [2019] EWCOP 62

That sentence, from a High Court judgment, reveals how low the threshold for action can be.

Families as Collateral Damage

Once an OPG130 is filed, the named person may face investigation or suspension from managing their relative’s affairs. Some are barred from contact with the person they care for.

In DJN (2019), the Court of Protection rebuked the OPG for acting prematurely:

“It was abundantly clear at the outset that the real issue was P’s capacity … before commencing proceedings the Public Guardian should have reviewed the capacity evidence.”

The judge ordered the OPG to pay part of the attorney’s legal costs — a rare rebuke.


“The OPG operates in near-total secrecy — its victims cannot speak, and its errors rarely see daylight.”

Secrecy as Standard

All OPG-initiated cases go through the Court of Protection (CoP), a court that, by default, sits in private. Only anonymised judgments are published.

“The judge has given leave for this version of the judgment to be published on condition … the anonymity of the incapacitated person and members of their family must be strictly preserved.”
 Public Guardian v RI &Ors [2022] EWCOP 22

Originally meant to safeguard dignity, this secrecy now shields institutions from scrutiny. Even when families are exonerated, they remain gagged by reporting restrictions.

“Privacy for the vulnerable too often becomes secrecy for the powerful.”

The Stain That Never Washes Away

Once a person is flagged in OPG correspondence, the suspicion rarely fades.

“The decision not to prosecute him … does not imply that his behaviour has been impeccable.”

Re DP; The Public Guardian v JM [2014] EWCOP 7

Even where allegations are dropped, the language of officialdom ensures reputational damage lingers. Families report being treated as “difficult” or “uncooperative” long after exoneration.

A Bureaucracy That Cannot Admit Error

The OPG’s own data shows most investigations end with no case to answer. Yet there’s no mechanism for correction, no apology, and no published audit of errors.

“There are transactions which require further investigation … the court concluded that JO had failed to fulfil the duties of a deputy for property and affairs.”
 Court of Protection Case Update (2025)

That opaque phrase, “requires further investigation”,  is often enough to justify long-term intervention. For families, the process itself becomes punishment.

Rights on Paper, Not in Practice

Legally, those accused are entitled to notice and a hearing.

“Where the court is considering whether to make a costs order … that person must be served with such documents … and given a reasonable opportunity to attend any hearing.”

Court of Protection Rules 2017 (SI 1035)

In reality, many relatives say they learn of hearings after they happen. Others receive redacted evidence so extensive that they cannot mount a defence.

The Human Cost

The toll is profound. Families describe sleepless nights, tens of thousands in legal costs, and fractured relationships.

“We are all receiving medical help for the stress … it’s not due to my father’s illness but to all of this.”
 Open Justice Court of Protection Report, 2023

One mother, whose deputyship was revoked, said:

“They called me emotionally abusive for challenging neglect in my son’s care home. It destroyed us.”

A System in Need of Sunlight

Experts propose reforms to restore balance and trust:

Raise the evidential bar for OPG130 referrals — require corroboration before naming a “perpetrator.”

Guarantee a right of reply before escalation.

Publish anonymised statistics on the proportion of unfounded cases.

Establish independent oversight, outside the Ministry of Justice.

Provide redress, apology, correction, or compensation where harm is done.

“Protection must not become persecution.”

The OPG’s Defence

The OPG insists that its duty is to protect vulnerable adults and that confidentiality safeguards dignity.But insiders say the culture has hardened.

A former caseworker told this investigation:

“Once a family is labelled difficult, everything they do is seen through that lens. It’s very hard to undo.”

The Moral Reckoning

The OPG was created to defend the powerless. Yet when its secrecy and forms destroy innocent families, protection turns into persecution.

“Before commencing proceedings the Public Guardian should have reviewed the capacity evidence.”, EWCOP 62 (2019)

Until transparency is built into the system, the Office of the Public Guardian will remain a hidden power, and, for too many, a source of hidden and potentially devastating harm.

Sources

There has been a Community -‘style’ review organised, a second one, the first held last year excluding everyone in the family. This time I have written to Ms Amanda Pritchard of NHS England out of concern as it would appear nothing has been arranged fairly and I see this as a safeguarding concern.

What is a CTR?

I printed off the Care and Treatment Review Code and Toolkit (A Guide for commissioners, panel members and people who provide support). I then read carefully through each Standard and Principle. I would recommend every parent and carer print off this guide and check that the CTR is being arranged correctly and that they are included.

The purpose of a CTR Code and Toolkit is to provide a solid framework for CTRs in order for them to be delivered to a consistently high standard across England. Unfortunately, I am critical in respect of the way the CTRs have been arranged. I feel what is the point of them if they are not arranged properly and inclusive of the family/carers. The CTR is focussed on people who have been, or may be about to be admitted to a specialist mental health/learning disability hospital either under the NHS or independent sector and the ‘spirit’ in which they are carried out is paramount and rooted in principles of human rights, person-centeredness and co-production.

KLOE

Does person need to be in hospital?

Is person receiving right care

Is person involved in their care and treatment?

Are the person’s health needs known and met?

Is the use of any medicine appropriate and safe?

Is there a clear, safe and proportionate approach to the way risk is assessed or managed?

Are any autism needs known and met?

Is there active planning for the future?

Are family and carers being listed to and involved?

Are person’s rights and freedoms being protected and upheld?

It is the fourth year of detention and prior to moving she was living peacefully in the community compliant with treatment. I cannot see any of these questions, standards of principles being included in a CTR style review which I think is a complete and utter waste of time and none of the panel appear to be completely independent as I have checked.

It is supposed to be Person Centred but instead of this it would appear that institutional plans overall everything. There is no communication and with family excluded it gives me no hope that this CTR will result in fairness towards Elizabeth taking her wishes into account which is why I have turned to NHS England – Amanda Pritchard to scrutinise what is going on. Elizabeth’s wish is to come home to her independent bungalow next to family home.

The Standards are really interesting:

1.1 – Person and their family will be given information about the CTR in advance. Oh no they haven’t!

1.5 – Panel will make time available to meet separately with person and their family carer. Nothing properly arranged here.

3.1 – Where concern person’s human rights may not be being upheld. This is most certainly the case all along.

3.2 – Advocacy – provision of independent advocacy. There is no trustworthy independent advocate whatsoever as the advocates employed by the Trust have breached confidentiality in a capacity assessment on “Whether or not to have any Contact with Mother”.

3.3 – CTR will ask about legal framework for purpose eg at tribunal. THERE IS NO LEGAL REPRESENTATIVE EVEN THOUGH ELIZABETH HAS TRIED SEVERAL TIMES TO PHONE SOLICITORS – HER PHONE TAKEN AWAY AND HELD SECURELY, IN BREACH OF ART 8 HRA AND ALL CALLS SUPERVISED AND RECEPTION OF HER PHONE IS NOT GOOD. IT WOULD SEEM HER RIGHTS TO LEGAL PRIVILEGE ARE BEING OBSTRUCTED AS CALLS ARE SUPERVISED AND NO PRIVACY ACCORDING TO ELIZABETH.

4.1 CTR should take a day to complete. So in that case why have I just been invited for half an hr?

4.3 People supporting person should be at the CTR inc LA So could that be why I am only invited for just half an hour I wonder?

4.4 Physical health and general wellbeing. Private scans I paid for have indicated an anomaly (possible lesion) in the right hemisphere of the brain in an area where the meso-limbic pathway is located.

This lesion could be seen using the NHS approved DICOM (Digital Imaging and Communications in Medicine) an internationally recognized standard for storing, transmitting, and viewing medical imaging data, including MRI brain scans. The NHS and many healthcare systems worldwide rely on DICOM-compliant software to ensure interoperability between imaging devices and systems.

In Elizabeth’s scan the apparent lesion could be observed in three planes and triangulated to an exact position in the brain. The anomaly (lesion) appeared in the Axial Plane (Top to Bottom):

Also called the transverse plane, this section runs horizontally through the body, dividing it into superior (top) and inferior (bottom) sections.

The image was also visible in the Coronal Plane (Front to Back). This plane runs vertically, dividing the body into anterior (front) and posterior (back) sections.

And in the Sagittal Plane (Side to Side) This vertical plane divides the body into left and right sections.

A mid-sagittal plane runs exactly in the middle, splitting the body into equal left and right halves. A para-sagittal plane is offset from the midline.

The potential lesion is found at the right of the interhemispheric fissure in the sagittal plane, and of the superior in the axial plane and slightly to the anterior on the coronal plane

DICOM ensures that imaging data from MRI, CT, X-rays, and other modalities can be stored, transmitted, and viewed across various systems and software platforms.

It is widely adopted in healthcare, including within the NHS, for handling medical images.

The NHS uses a range of DICOM-compliant software and systems for viewing and analysing MRI scans. These include Picture Archiving and Communication Systems (PACS) and specialized imaging software.

Examples of DICOM-compliant software used in the NHS might include systems like GE Healthcare’s Centricity, Siemens Syngo.via, or Philips IntelliSpace Portal, among others. These are integrated with hospital IT infrastructure for seamless operation.

Under the circumstances it is necessary to re-examine this lesion under a higher resolution scanner such as the TESLA 3 or better still NEG TESLA 7 Phillips wide aperture scanner as this will improve acuity of image and reduce stress induced artifacts on the scan.

A brain lesion in the limbic pathway can potentially contribute to the development of psychotic symptoms. The limbic system, which includes structures such as the hippocampus, amygdala, thalamus, hypothalamus, and parts of the prefrontal cortex, plays a critical role in regulating emotions, memory, and behaviour. Damage or dysfunction in this system can disrupt these processes and lead to symptoms often associated with psychosis, such as hallucinations, delusions, or significant disturbances in thought and emotion.

There are a number of mechanisms linking limbic lesions and psychosis

Disrupted Emotional Regulation:

Damage to the amygdala or its connections can lead to abnormalities in emotional processing, potentially contributing to the paranoia or heightened emotional responses often seen in psychosis.

Impaired Memory and Cognitive Integration:

Lesions in the hippocampus or associated structures may interfere with the proper integration of memories and reality, possibly leading to delusional thinking.

Altered Dopaminergic Pathways:

The limbic system is closely connected with dopaminergic pathways, particularly the mesolimbic pathway. Lesions could dysregulate dopamine activity, which is strongly implicated in psychotic disorders like schizophrenia.

Disconnection Syndromes:

Lesions disrupting connectivity between the limbic system and prefrontal cortex could impair judgment and reality testing, leading to psychotic symptoms.

Neuroinflammation or Secondary Effects:

Lesions causing neuroinflammation or altering the surrounding brain environment can affect nearby circuits and neurotransmitter systems involved in psychosis.

Clinical Considerations:

Location of Lesion: The specific area and extent of the damage are critical in determining the likelihood and type of symptoms.

Co-occurring Factors: Pre-existing vulnerabilities, such as genetic predisposition, previous psychiatric history, or concurrent neurochemical imbalances, may increase the risk of psychosis.

Symptom Presentation: Depending on the nature of the lesion, psychotic symptoms might manifest in ways distinct from primary psychiatric disorders like schizophrenia.

While not every lesion in the limbic pathway will result in psychotic symptoms, there is a clear neurobiological basis for how damage to this area could contribute to psychosis. Such cases would require multidisciplinary management, combining neurology, psychiatry, and possibly neuropsychology, to address both the underlying neurological damage and the resulting psychiatric symptoms

So how on earth can a CTR ‘style’ review properly take into account all of this in a short space of time? I will ask this question to Ms Pritchard as it is most important to do these tests properly under the correct scanner.

5.10 CTR to question whether person’s care and treatment could be delivered in a non hospital setting.

YES – HOME! – How comes it is so difficult for this area to provide what was previously given in the former area. In that case then it would be cheaper to offer the private physical healthcare in the community and I as mother and carer could ensure attendance at all appointments which will save a lot of money. So much has been unnecessarily spent on wrong environments of care so far. Home is the right environment and there is so much scope for care to be provided in the home environment too unlike before.

6.3 Commissioner to write a report that all involved can understand and to ensure FAMILY AND CARERS AND OTHERS WHO NEED A COPY GET THIS WITHIN TWO WEEKS.

I am still waiting for the last report from last year and minutes. Where are these documents?

I have been invited at Elizabeth’s request to attend the CTR so I should be invited at 9.00 am until 5.00 pm not just for half an hour. This is ludicrous.

The last CTR was held in a secretive manner excluding all family and therefore nothing was done correctly and then according to Elizabeth two women approached her to tell her she was to stay where she was on the ward. No way was this done properly.

I particularly wish to be included in SECTION 7.

Section 7 gives guidance on exactly how things should be organised. The time allocated is still not enough time from between 10.30 am – 3.00 pm when the actual meeting started at 9.30 am. It says very clearly “meet with person AND THEIR FAMILY”.

A new advocate needs appointing because the current firm of advocates have breached confidentiality and I have had to complain quite rightly so. I am still waiting for my response in this respect.

According to the example the CTR ends at 5.30 pm. Especially important are the following points:

Am I safe

What is my current care like

Is there a plan for my future

Do I need to be in hosplital for my care and treatment.

The Expert by Experience is NOT independent.

There should be someone independent of the Trust as the the advocate like there was in the former area where the CTR was done correctly.

There is no mention of the Neurologist or attendance by an Endocrinologist and this is extremely wrong. This means that a despite the Transforming Care Minutes no consideration is being given to physical healthcare.

To exclude a parent and carer is extremely wrong and there is no better Expert of Opinion than a parent and carer.

If parent and carer has serious concerns on physical health as well as health and safety on treatment and the way capacity assessments have undertaken as well as safeguarding and risk assessments, then these concerns should be taken on board and taken seriously instead of being ignored. This is why the CTR should be externally scrutinised as I see this as a safeguarding concern where person, their carers and parents are dismissed like rubbish when they have valid concerns and also when there are any doubts on physical health backed by scans going back to 2007. Nothing should be left to chance if there are seizures and other evident endocrine disorders. Every person should be allowed a second opinion under Martha’s Rule and just because they are held under the MHA is no excuse to ignore the urgency of such tests. The problem is that when you as a carer dare to question and ask for pathological tests then you get backlash and bullying.

In the former area Elizabeth was properly supported for the CTR and for the first time ever before we moved they were taking her physical health very seriously. All appointments were cancelled upon moving and instead, priority was to get rid of me as the NR and try and revoke the POA as they are trying to do right now. The CTR informer area was cancelled three times before it was finally arranged correctly but Elizabeth was fortunate to have the support of NAS and Access Charity who ensured there was no cheating with the CTR. Here in Lincolnshire she has no external trustworthy advocate and therefore nothing will be done fairly like last time – a waste of time and with family excluded and no legal representation I can see absolutely nothing good in this CTR ‘style’ Review. In my opinion it is a complete and utter waste of time and geared not towards the vulnerable person’s wishes but whatever Trust and Council have contrive. I do not like the way they have tried to take away her autonomy by so many capacity assessments done incorrectly. The CTR, if arranged properly, would have been a great opportunity to communicate and discuss and resolve concerns on both sides but I see this as an underhand exercise where decisions have already been made in advance and all I want to see as a mother and carer is for my daughter’s wishes to be heard and acted upon even if it is on a trial basis in terms of her coming home and that is her wish – TO COME HOME AND TO SEE HER CAT! and be close to her family. There are plenty of opportunities in the local community for her to do everything on offer under a hospital which is not a home!.

Section 9 is a tick box check list that the Chair should ensure is based on the principles and standards laid out in the CTR Policy which is clearly is not.

Section 10 is about Discharge steps and standards. It mentions “where people are assessed as lacking capacity” “Best Interest process”. That is what they have been doing all along with Lincolnshire County Council involved from the beginning and their BI assessors but today there was no doubt that Elizabeth had capacity and even when she was drugged to the hilt at a previous hospital her wishes are still the same and that is TO COME HOME.

I have not even had a carers assessment since coming to this area. In respect of the person concerned this CTR is to ensure “someone will look at my living arrangements and make sure I do not lose my housing or right to benefits while in hospital” That somebody is ME! as her Attorney “who I would like to live with? What I want from my life? She wants to come home but certain others are trying to make out I am a bad person, this is commonplace and experienced by many carers – they try to collectively say that the relationship is bad, put safeguarding in place again you and just gang up and ruin your life by trying to label you as a “perpetrator and abuser” which is why the safeguarding and risk assessments need proper external scrutinising and safeguarding works BOTH WAYS!

I remember the discharge from former area from Wales to Northampton to a care home where practically all money was taken leaving just £30 pw and no support on managing financially and I have proof that this care home run by social services, rated good allowed her to go without food at weekends. Absolutely appalling which is why I have tried to provide a home for life – an independent detached bungalow for her. None of the care institutions in the community have worked and the urban environment of London was not good so it is completely different here. Some residents in these care institutions can be loud and any noise is very triggering for Elizabeth so a bungalow in a peaceful location is what is needed and the location of home is extremely nice and suitable. I know she could settle down in this area and that there would be no problems.

TRANSFORMING CARE

I am looking at the minutes held in July 2024 of the ADULTS AND COMMUNITY WELLBEING SCRUTINY COMMITTEE and this meeting is attended by the commissioner of the CTR and same panel as the CTR. How interesting, it states:

“Many older adults MAY HAVE BEEN MISDIAGNOSED WITH MENTAL HEALTH ISSUES FOR DECADES. Data was being gathered on these individuals, especially those with learning disabilities who tend to be identified earlier.” This is a huge safeguarding issue yet I as Mother and carer who wishes for pathological tests done on abnormal findings on scans going back to 2007 am being bullied right now – that is how I see it. These minutes have identified huge nationwide safeguarding issues that NHS England need to address at each and every area. I have now identified further safeguarding issues on how CTRs are carried out incorrectly, not taking into account all the standards and principles and a CTR should be concerned with physical health and underlying conditions which are not catered for under the MHA. Properly arranged CTRs not CTR ‘style’ reviews are needed, with independent panels and properly arranged and organised like that in the former area was.

These minutes identify a serious national issue apart from this with long waiting lists for neurodevelopmental services. Waiting times for diagnosis were up to a year. Well in Elizabeth’s case it is coming up to 4 years under Lincolnshire and back to 2007 in former area who refused to look into matters properly so I as Attorney and Mother had to pay privately to confirm everything. When you advise the outcome of such private tests under the MH they are just ignored under the NHS.

“Diagnostic processes involved multiple professionals and efforts were being made to streamline this process to reduce waiting times. ” THIS IS NOT GOOD ENOUGH as lives are being put at risk.

NO autism respite provision. However Elizabeth is not being recognised as someone with autism. It is however recognised within these minutes that girls and women often masked their symptoms leading to late diagnosis.

Housing needed to be addressed. Well I have addressed that issue with a detached bungalow. All that would be needed is shared lives carers or young student professionals to knock on the door like I provided privately in a scheme in the community once. This community though is completely different to London and totally caring with lots going on and work opportunities etc.

This is so true: ONE MEASURE NOT ACHIEVING TARGET IS REGARDING CARERS SUPPORTED IN LAST 12 MONTHS. I can only go by how I have been treated and would regard this as bullying. To ban you from visiting for months on end, to take away the phone, to try to isolate and stop contact by way of capacity assessment backed by her so called advocates is very sad and that is because I am asking for pathological tests that are urgently needed but being ignored.

ADULTS AND COMMUNITY WELLBEING SCRUTINY COMMITTEE AGENDA WEDNESDAY, 4 SEPTEMBER 2024.

I have the previous minutes also but note nothing has really changed from the last minutes and now I am seeing the names of those involved and the attendees.

1
Apologies for Absence/Replacement Members
2
Declarations of Members’ Interests
3
Minutes of the meeting held on 24 July 2024
5 – 8
4
Announcements/Updates
5
Lincolnshire Safeguarding Adults Board Update
(To receive a report from Justin Hackney, Assistant Director – Adult Care and Community Wellbeing, and Richard Proctor, Independent Chair LSAB, which provides the Committee with an update on the current position of key areas of work being undertaken within the Lincolnshire Safeguarding Adults Board (LSAB))

9 – 14
6
Service Level Performance against the Corporate Performance Framework 2024-25 Quarter 1
(To recive a report from Caroline Jackson, Head of Corporate Performance, which summarises the Adult Care and Community Wellbeing Service Level Performance against the Success Framework 2024-25 for Quarter 1)
15 – 38
7
Adults and Community Wellbeing Scrutiny Committee Work Programme
(To receive a report by Simon Evans, Health Scrutiny Officer, which invites the Committee to consider its work programme)
39 – 46

Democratic Services Officer Contact Details
Name:
Tom Crofts
Direct Dial
01522 552334
E Mail Address
thomas.crofts@lincolnshire.gov.uk

Please note: for more information about any of the following please contact the Democratic Services Officer responsible for servicing this meeting

Business of the meeting

Any special arrangements
Contact details set out above.
Please note: This meeting will be broadcast live on the internet and access can be sought by accessing Agenda for Adults and Community Wellbeing Scrutiny Committee on Wednesday, 4th September, 2024, 10.00 am (moderngov.co.uk)
All papers for council meetings are available on: https://www.lincolnshire.gov.uk/council-business/search-committee-records

12 ALL AGE AUTISM STRATEGY
Consideration was given to a report and presentation introduced by Justin Hackney,
Assistant Director – Adult Care and Community Wellbeing, and presented by Catherine Keay,
Head of Commissioning for Mental Health, Learning Disabilities and Autism – NHS
Lincolnshire Integrated Care Board, which provided the Committee with an overview of
Lincolnshire’s All Age Autism Strategy. The Committee were fully guided through the
predation at appendix A of the report.
Consideration was given to the report and during the discussion the following points were
recorded:

Many older adults may have been misdiagnosed with mental health issues for
decades. Data was being gathered on these individuals, especially those with learning
disabilities, who tend to be identified earlier.

The Integrated Care Board (ICB) funded services for 16-18 year olds, but there was a
national issue with long waiting lists for neurodevelopmental services. Waiting times
for diagnosis were up to a year, locally, and up to seven years elsewhere.

Autism Champions were being rolled out across various sectors to promote reasonable
adjustments. The goal was to have these champions in every sector, including shops
and local authorities, to create autism-friendly environments.
 The Virtual Autism Hub, started in February 2024. It was involved in the children’s
diagnostic pathways and provided grants to support groups, especially in
underserved areas.

Diagnostic processes involved multiple professionals, and efforts were being made to
streamline this process to reduce waiting times.

Many autistic individuals were academically high achievers but struggled with stress
and anxiety. The Autism Hub aimed to provide support across Lincolnshire to help
these individuals develop everyday functional living skills.

There was no specialised autism respite provision. Most autistic individuals needing
social care support fell under mental health services. Creative solutions, like
organising hotel stays with care support, were being explored. The Council was also
working on gap analysis to identify needs for respite care and other services.

Increased awareness of autism had led to more referrals overall. However, girls and
women often masked their symptoms, leading to later diagnoses. Efforts were being
made to raise awareness about different presentations of autism.

Housing for autistic individuals, especially those without learning disabilities, needed
to be addressed. Ground floor accommodations were often required due to safety
concerns. The joint accommodation strategy group was working on specific needs
and bespoke tender processes for care providers.

Page 6
3
ADULTS AND COMMUNITY WELLBEING SCRUTINY COMMITTEE 24 JULY 2024
 Efforts were being made to improve data collection and understanding of prevalence
and future demand.
 There was a significant number of unemployed autistic adults. Efforts were being
made to support these individuals into employment, but there was also a need to
educate employers about hiring autistic individuals.
 There were disparities in the availability of support across different areas, with more
resources concentrated in Lincoln. Efforts were being made to address these
disparities and provide more equitable support.
RESOLVED

  1. That the report and presentation be noted, and the Committee’s support for the
    Lincolnshire All-Age Autism strategy 2023-28 be recorded.
  2. That an update on actions and improvements be reported to the Committee next year.
    13 SERVICE LEVEL PERFORMANCE AGAINST THE CORPORATE PERFORMANCE
    FRAMEWORK 2023-24 QUARTER 4
    Consideration was given to a report by Caroline Jackson, Head of Corporate Performance,
    which invited the Committee to consider the Service Level Performance against the
    Corporate Performance Framework 2023-24 Quarter 4. It was reported that 95% of
    measures were achieving or exceeding targets. One measure that was not achieving target –
    regarding carers supported in the last 12 months. It was recognised that this target was
    giving flawed indication and was scheduled needed to be reviewed in the 2024-25
    framework.
    Consideration was given to the report and during the discussion the following points were
    recorded:
     The Committee recognised that Lincolnshire was performing well when compared to
    statistical neighbours; however, improvements and progress should nonetheless
    continue to be made.
     Assurances from the Care Quality Commission were welcomed.
     It was understood that new standardised formatting for presenting data needed to be
    implemented so as to ensure effective benchmarking with other authorities.
     Client-level data was growing as a resource, which presented opportunities to inform
    and improve service delivery via a more sophisticated interrogation of data.
     The 2024-25 framework remained largely unchanged from the previous version. The
    following changes had been made:
    o PI31 – definitions had been revised.
    o PI111 – the target had been increased due to the expected expansion of the
    service.
    o PI59 – the target had been reset to give a better reflection of the service and
    meaningful intent.
    o Three additional contextual measures had been added:
    Page 7
    4
    ADULTS AND COMMUNITY WELLBEING SCRUTINY COMMITTEE
    24 JULY 2024
     PI194 – Personal wellbeing estimates – life satisfaction; happy;
    worthwhile.
     PI195 – Annual concentration of air pollution, fine particulate matter.
     PI196 – Percentage of households in an area that experience fuel
    poverty.
     Contextual measures were measured by questionnaires and survey but concerned
    subjective matters. Trends and trajectories could be garnered from these
    measurements to inform the direction of the service.
     Matters such as measuring air quality had an overlap between the two tiers of local
    government in Lincolnshire.
    RESOLVED
  3. That the report be noted, and the Committee’s satisfaction be recorded.
  4. That the 2024-25 Adult Care and Community Wellbeing Service Level Performance
    Indicators and Targets be supported.
    14 ADULTS AND COMMUNITY WELLBEING SCRUTINY COMMITTEE – WORK
    PROGRAMME

    Consideration was given to a report by Simon Evans, Health Scrutiny Officer, which invited
    the Committee to consider its planned work programme.
    No changes had been made since publication; however, it was suggested that the following
    two items be moved from the September meeting on to October:
     Day Services Update
     Director of Public Health Annual Report 2023: Follow Up
    RESOLVED
  5. That the report be noted.
  6. That the above changes be made to the work programme.
    The meeting closed at 11.30 am
    Page

Elizabeth has asked many times to work in the hospital cafe but still she has not been given the opportunity. In this area there are many opportunities with the local college and hub for autism although Elizabeth’s condition has not been identified as Autism and she is being treated as a MH patient. She is now being taken out on group leave which she enjoys however I would compare the Trust to like a religious cult who restrict and deny family contact to any parent who dares to challenge and it is not the right thing to do when that family member might have extremely valid concerns.

I do not see any members of the public invited to this scrutiny meeting but I remember once when I turned up at the former area’s scrutiny wellbeing meeting I was told it was not open to the public. I had even offered to do the minutes. Doing the minutes accurately is what is needed which is why I should be invited ALL DAY to the CTR. I wonder what the response will be if I turned up to this Council’s Scrutiny Meeting.

Now having read these minutes I think the best thing is to do the entire safeguarding openly and transparently especially as regards why I am supervised 2-1 after all this time which is putting a huge risk on the ward and their staffing levels. Safeguarding works both ways and should not just be done on a parent and carer in such an underhand manner.

The CTR is arranged for the 30th of January and I have written to NHS England about this and also asked for my invitation to be all day and for the whole thing to be rearranged properly with a completely independent panel.

The Commissioner/Chair along with another Safeguarding Professional based under the Primary Care Trust are giving the most interesting talks to Lawyers on “Challenging Families and Best Interests” How to manage challenging families!”

In answer to that – there would be no such a thing as a challenging parent and carer as if they were listened to, included and treated with respect then this would enable Trusts to work effectively in determining what is in the best interests because after all, a parent/carer is the only EXPERT BY EXPERIENCE.

I will never forget the comments of the Independent Chair of the CTR done correctly under former area. He said “The whole thing stinks!” How true! However the former area were going to send Elizabeth to the Priory in Hemel Hempstead but instead her wishes were listened to and she was allowed home. Unfortunately it is like going backwards in this area as there is no communication and families/carers are treated as though they are invisible – if this is how I am being treated there must be others. The minutes of these scrutiny meetings look like they contain same matters which have just been copied and pasted but these people are not properly safeguarding my daughter who urgently needs pathological tests after so many years of neglect from former area and current where we had hoped so much for a fresh start. Instead, it has been one hell of a nightmare and still ongoing after so very long but now disturbingly with all the attempts to revoke the POA yet again there is much going on behind everyone’s backs right now and no answer from the Public Guardian Office as yet. I will keep you all informed and these meeting should include parents and carers after all it is a scrutiny meeting.

The Conference comprised of speakers including Chair: Beverley Hitchcock, Elly Chapple, Professor Andy Bilson, Professor Luke Clements.

Trauma related practice: is a phrase increasingly used by public bodies to convey their awareness that many of those with whom they interact have experienced life changing traumas. As a rule, the traumas referred to are ‘other’ -in the sense that they are the result of adverse childhood experiences, domestic violence, mental health difficulties and so on. What is generally acknowledged is that many users of public services identify their most traumatising experiences as the way they were treated by the public bodies that they had approached for support.

Complex Systems Generated Trauma: what needs to be done: Chair: Dr Ana Laura Aiello; Mary Busk; Dr Peter Baker; Vivien Cooper OBE

Systems Generated Traumas of this kind are a daily experience for many people in contact with the social welfare system, including carers, disabled adults and disabled young people. There are a myriad of intersecting examples, but for the parents of disabled children these can include being prosecuted when their disabled child is ‘school refusing’, being refused support by children’s services when in desperate need, but then having their home inspected and their children interviewed for child protection purposes: being accused of fabricating or inducing their child’s o;;mess (FII) because they have asked for a second opinion from a health professional; being unable to access justice to gain redress for the damage done by behaviour of this kind – and so on.

About the speakers:

Ana Laura Aiello – post doctoral researcher on the Cerebra LEaP project (Leeds University) – (an innovative problem-solving project that helps families of children with brain conditions cope with the legal barriers they face. We listen to families and help them get knowledge they need to access health and social care/other support services and identify common legal preventative problems) Ana has studied law and human rights in Argentina, Spain and UK and worked for Amnesty International, Disability Rights International and CHANGE and at universities in Argentina, Spain and UK.

Beverley Hitchcock: Head of Research and Information – Cerebra

Derek Tilley: Senior Development Officer – Cerebra Legal Rights team.

Elly Chapple: Founder of #Flip The Narrative – TEDx Speaker

Luke Clements: Cerebra Professor of Law and Social Justice at the School of Law, University of Leeds

Mary Busk – worked for public/voluntary sectors and founder member of NNPCF currently working for NHS England LD and Autism Programme and spoke in a personal capacity as a family carer and mother of one disabled child.

Peter Baker – Senior Lecturer in intellectual disability at Tizard Centre, University of Kent. Has worked as a Consultant Clinical Psychologist for NHS in Sussex with leadership responsibilities for Learning Disability psychology services in E. Sussex/Brighton & Hove. He is widely published in the area of challenging behaviour and intellectual disability.

Vivien Cooper OBE – parent of young man with severe learning disabilities and Founder and CEO of Challenging Behaviour Foundation.

It was good to meet up with some of my social media contacts and see such a huge turnout of parents and carers from all over the country who have experienced the most terrible traumatic interactions with various public bodies particularly social services and an ever increasing group of us parents and carers remain in touch via discussion groups on social media to share ideas and individual negative experiences and we all agree something needs to be drastically done to change a system that is completely broken.

Our Negative Experiences:

This goes back to 2010 and even beyond this and I honestly think things have got worse. 2010 was when Elizabeth was placed in a local scheme. The placement started off well but went to pieces when a support worker left and others took over. Isolated in her individual flat where “noone knocked on her door” Elizabeth quickly declined. There was not the 24 hr support in place just members of staff who occupied one room at the top of the building and no observation through the night as to whom entered the building. I wont go into what happened but because of no security this put a vulnerable person at huge risk of abuse. That was the start of my main complaints and then you see the ugly side in terms of response. Blame was focussed on me as a parent that I visited too often however I worked full time and was on a police training course on Saturdays. CCTV cameras went missing along with all of Elizabeth’s possessions but the blame was then put on Elizabeth. She should never have been placed at this scheme and I was right to voice concerns but when you voice concerns this is when you come up against negative reactions. If they see a parent as a problem who has every justification to be concerned, quite often if a placement has not worked out then out of area solutions are funded. On huge dosage of drugs Elizabeth could not function. Health and safety/risks not followed up on and that should mean if a placement is not safe then something else needs to be provided but carers and parents are cut out.

Elizabeth has been placed in many out of area placements as far away as Wales where restrictions were in place for visitors. Following on from this private hospital was a care home where suddenly there was a poor signal and you could not get through on the phone.

Fast forward to today Elizabeth has suffered immense trauma and so have I as a parent watching her go downhill with one wrong placement after another and the guilt feeling that if we had never moved we would not be in this awful position today.

Safeguarding cutting out parents and carers is used to distance and isolate a vulnerable person. This is our current experience. It amounts to organisational abuse when someone sits writing notes constantly and you have 2-1 supervision like you are a criminal. This is going on right now and has been for the most part in the new area where we have moved.

What they do is take the phone away and basically virtually stop contact between you and the person you care for. Nothing is done correctly as far as safeguarding goes. Safeguarding should be done in an open transparent manner. If there are concerns they should include you in their meetings that go on behind your back. It is bullying to carry out safeguarding in this manner.

I have raised safeguarding myself. Elizabeth has been isolating in her room and missing meal times but then the response they give is “there is nothing we can do – she is an adult and it is up to her – we cannot force her to eat”. However bearing in mind capacity they say she has none this is surely negligence. It was not me who complained to the CQC and I think this was the reason they acted but then the same problem reoccurred.

At the moment I am totally alarmed that Elizabeth is being prescribed a combination of drugs against BNF by a locum doctor – This is the 11th one employed by an Agency. I have raised concerns and even given references to relevant research papers. Faulty prescribing can cause significant harm leading to death and injury yet many doctors just ignore this completely and carry on.

Elizabeth never had seizures before coming to this new area. The safeguarding is clearly there to protect themselves. The seizures are life threatening so it is not unreasonable that I as a mother, carer and Attorney should draw this to attention.

The treatment my daughter has had amounts to cruelty, abuse, bullying and some of the staff over the past three years have acted in a callous manner and against me Police have been used by staff calling them during my visit such as Xmas Day and then a ban lasting months and months on end by the Responsible Clinician.

All sorts of blame and accusations are thrown at you and where is this safeguarding going to end. They failed at taking away the POA but there is no means for Elizabeth ever to be discharged – a prisoner for life as they took away that under the displacement of NR and “unsuitability” claims whilst those involved in safeguarding never visited but when required had to do reports and those reports showed conditions to be squalid and negative. During this time patients had approached me in the grounds to voice their concerns and to tell me that THEY were doing the safeguarding.

Many of the parents attending this conference have had the most negative experience of social services and I was not alone. It was shocking to hear how many had experienced similarly traumatic interactions with those supposed to care. The only good experience I have ever had from social services was with my father’s social workers who instead of working against me worked together and I kept my father out of care for many years as a result.

Nothing such as the above has been my experience of social services under MH. I have never had a care act assessment done. Elizabeth has never had direct payments to enable her to have some support in the community. The reports they may are full of error and untruthfulness which has been our experience both previously and presently. There is nothing but a blame culture and in file records negative reporting against you to justify their aims.

A lot of public money could be saved not wasted if professionals worked together with families instead of against them. This worked effectively in the case of my father who had Alzheimers so I am not saying they are all bad but my experience has been the vast majority have gone out of their way to destroy family relations and cause more harm than good.

The last thing I will mention is because of my concerns I applied for police records. I know not everyone’s experience of police has been good but I actually trained with the Police and their course was excellent. I also trust the Police who have not responded in the callous way social workers have but their time has been wasted on several occasions. The police records outline the huge amount of calls Elizabeth made in desperation which is the real reason they took the phone away. Elizabeth was desperately trying to get help from the Police at a time she was according to other patients being abused by the vast majority of night staff. In certain records it stated that her calls related to her being starving hungry as because of over drugging and constant RT she isolated in her room for much of the time and the drugs were raised to double leaving her fit for nothing.

When you ask if safeguarding is in place due to excessive restrictions and raise safeguarding concerns yourself there is flat denial and refusal of a meeting that could be useful to dispel concerns (such meeting once took place behind my back ie s42 with everyone present) except the person they make out to be the perpetrator but luckily Elizabeth picked up the minutes and gave them to me. I feel like featuring them to show how vicious professionals can be behind your back.

Safeguarding should be open and transparent and not done in a biased secretive manner and because this is going on presently I am not allowed to see my daughter alone and have been deprived meaningful contact for so long I see this as extreme bullying – as one member of staff commented “it is evil to keep her from her mother on her Birthday”. It is constantly being mentioned this is being done to “keep her safe” however safe from what exactly as from her appearance Elizabeth is clearly going downhill, her face full of red marks and distressed about staff making notes during visits and most concerning is where are these notes leading and they are bound not to be pleasant. It is cruelty and abuse of power on the part of professionals to do this to a parent and carer knowing full well that this is also impacting greatly on the vulnerable patient who is clearly unhappy about all of this and then to rob her of her mental capacity in tests that were not done properly. I am talking here not just of social services but Health Boards too. It is done out of control to isolate and work towards severance of contact as I see it.

There is no greater punishment by professionals to stop a parent and carer from having contact or put enormous heavy restrictions in place and it is also detrimental to the vulnerable person to be isolated in this way. It is harmful that a team can stick together in such a way and there be no accountability. It is harmful that file notes are not accurate and contain untruthful comments. For parents and carers their lives are ruined and I would describe my life as barely worth living solely down to the way we have been treated like criminals and it is only ever one sided.


Today i have spent quite some time trying to get through to Sheffield Hallamshire Hospital where my daughter who is held a virtual prisoner under Castle Ward can have the extensive tests she needs on her physical health which the MH would appear to be obstructing. Elizabeth is having seizures that are frequent. Her Responsible Clinician says I am partly to blame for such seizures and there are heavy restrictions in place on just me right now visiting my daughter with 2-1 supervision and not allowed any time with my daughter to take her even in the hospital grounds. This is bullying to the extreme by Lincolnshire Partnership Trust. It is also huge neglect as all they have done is cancel referrals already made by a previous area that the new GP said I should take her to. Everything was put in the way of that at Ash Villa, the previous hospital. Now the RC has put massive restrictions in place contrary to the health and wellbeing of my daughter.

Elizabeth is going downhill. Her face was a mass of red blotches and forehead looked as though she had hit her head on the wall or door – a hard surface. Her knuckles were encrusted with scars that had obviously healed from bleeding. She said she had been injected again recently. She started having the seizures at Ash Villa and there was a cancer scare – they say tests for came out normal. I had private scans done. I sent them to various experts on disk and all said the same thing that certain images need to be closely investigated by Neurology. You can imagine how happy I was when finally she was referred to a Neurologist under United Lincolnshire Partnership Trust. On the 3 January was supposed to be her appointment. She was not taken there by the MH team. I turned up instead with the private scans I had done in a small window of opportunity because for the most part LPFT have stood in the way of all leave and visits highly restricted. It is almost as if they are trying to protect themselves or know more than they let on. There is clearly something physical wrong for my daughter to have such frequent fits. She is not being monitored for her blood oxygen levels and following each fit they give lorazepam which is extremely wrong so I have been told. If she has temporol lobe epilepsy the treatment would be different but Elizabeth is treated as though she is a MH patient and nothing else. LPFT have ignored all the screenings and all the past assessments done by Huntercombe who claimed she had high functioning Aspergers. That was back in 2017 under Enfield. It would appear that ALL the doctors seem to be protecting each other because today I have had to go to enormous lengths to write and enquire about these scans. Because of my grave concerns about my daughter’s wellbeing and safety on the MH ward (Castle Ward) Lincolnshire – no way should it be left to a team of MH professionals to film my daughter against her wishes having seizures. This is against GMC guidelines. Secondly her capacity is highly disputed. There are three flawed capacity assessments done purely for the purpose of getting rid of me as nearest relative which they succeeded in. All are heavily flawed and not in line with Principle 4 and Masterman-Lister case and they do not take into account the causative nexus. The causative nexus is highly important to see determine impairment. This has not been done, making all three capacity assessments not fit for purpose.

I finally got through to Sheffield who told me that absolutely nothing had been arranged.   The person concerned when to some lengths to check and refer to a supervisor.

It is hard to trust anything the NHS does as when things go wrong there is nothing but a wall of silence and it is very hard to age any kind of justice even when someone dies as a result of negligence.   There appears to be a wall of silence right now.  Certain doctors (even those assigned to look at physical health) appear to be standing in the way of my daughter’s much needed physical health referrals which has been the case since we moved to this dreadful area of Lincolnshire. The word normal most certainly does not mean normal and they are depriving my daughter of the necessary physical health referral to a Neurological ward where she could have extensive tests done to determine the real reason for the fits and not rely on just observations and comments that state “it is the mother’s fault”. The reasons for my appalling treatment is because of “concerns” by her Responsible Clinician on my part and an entire MDT all acting ultra vires against their own code of conduct and treating Elizabeth as someone who has no capacity. LPFT HAVE COMPLETELY ABUSED THE MCA AND NOT GONE ACCORDING TO NATIONAL GUIDELINES. I am now a BI assessor myself and am frankly disgusted at such enormous dishonesty and in addition after all this time she has not had proper pathological tests or any psychological input. The law is failing to protect vulnerable people such as my daughter.

I have written to Pals today, the Neurological department of ULHT, care concerns (LPFT) and my MP and here are my emails below. You should not have to go to these lengths. Elizabeth agreed to go to Sheffield. There seemed to be more concern about her breaking expensive headgear which she promised not to break than her physical health and wellbeing and the necessity to have these extensive tests. This is highly negligent on the part of the NHS. ABSOLUTELY NOTHING ARRANGED FOR THE SECOND TIME as today I checked with Sheffield.

From: susan bevis
Sent: 22 April 2024 10:48
To: NEUROLOGYSECRETARIESLINCOLN (UNITED LINCOLNSHIRE HOSPITALS NHS TRUST) ulh.tr-neurologysecs.lincoln@nhs.net
Cc: PALS (ULHT) pals@ULH.nhs.uk; MARISCORECEPTION (NHS LINCOLNSHIRE EAST CCG) LECCG.MariscoReception@nhs.net; Christopher Reid Chris.Reid@parliament.uk; voiceability.org;
Subject: Elizabeth Bevis For the Attention of Dr CS
 
FOR THE ATTENTION OF DR S
I would like an appointment to discuss my daughter’s care with you.
I have today checked with Sheffield Hallamshire Hospital only to find out that NOTHING has been arranged.  E is having life-threatening seizures and I visited her yesterday.  I have grave concerns for her wellbeing. 
My daughter no longer wants to live.   She was covered in red marks, she is having constant fits which ARE NOT mental health conditions.  You are responsible for referring her to have extensive tests which Lynsey has agreed to have done.  Why has this not been done?    
This matter is subject to a high court case right now.  I would like to know your reasons for not referring my daughter to Sheffield or has she been referred elsewhere?
I would like your reasons why a MH team should film my daughter against her wishes and that you should wish to take their word when they are not qualified to comment.  I was assured by your department when I called last Wednesday that an appointment had been made and it has not as I have checked today.   How can you possibly monitor my daughter when you are not there 24/7.  
I was also told by Sheffield to contact the GP which I have done.
I would like to know the details of what exactly has been arranged.

Since moving all E’s Neurology appointments have been cancelled which is highly neglectful.  She has had several accidents and her face was absolutely covered with red marks.   I want my daughter to have the physical health checks she needs and under Martha’s Rule she is entitled to have this.  Nothing has been arranged so I need to know all the details of the appointment to pass onto the court.
Her condition in past files points to neurological not mental health.  I look forward to hearing this information from yourselves and the GP.  I have not had response to my emails from your department and I need that response today.  Thank you.   I am beginning to feel like no-one wishes for my daughter to have extensive tests done and are ignoring her physical health completely.
It is also against GMC guidelines to film a patient who has said she does not wish to be filmed.   Not having these tests done is preventing my daughter for being evaluated on her capacity ie the causative nexus which is subject to high court action right now.
Yours sincerely

Susan A Bevis  T

From: susan bevis
Sent: 22 April 2024 11:19
To: PALS (ULHT) pals@ULH.nhs.uk
Cc: NEUROLOGYSECRETARIESLINCOLN (UNITED LINCOLNSHIRE HOSPITALS NHS TRUST) ulh.tr-neurologysecs.lincoln@nhs.net; MARISCORECEPTION (NHS LINCOLNSHIRE EAST CCG) LECCG.MariscoReception@nhs.net;
Subject: Elizabeth Bevis For the Attention of Dr S (Case Ref: VA18567)
 
TO WHOM IT MAY CONCERN

I need to know the full details of the referral that was meant to be done on two occasions now to Sheffield for E to have an MRI scan done under a Tesla 3 scanner.  On two occasions now I have phoned sheffield because no-one is responding to my emails.  No appointment has been made on two occasions now despite assurances.  I therefore need a copy of the referral details as obviously I cannot go by their word.  I have spent a long time trying to get through only to be assured that absolutely nothing had been arranged.

Please therefore let me know the details of the referral and if this referral has gone to another area such as Nottingham by any chance?

I look forward to hearing from you regarding this urgent matter.

Yours sincerely

Susan A Bevis   

From: susan bevis
Sent: 22 April 2024 10:57
To: Christopher Reid Chris.Reid@parliament.uk
NEUROLOGYSECRETARIESLINCOLN (UNITED LINCOLNSHIRE HOSPITALS NHS TRUST) ulh.tr-neurologysecs.lincoln@nhs.net;

Elizabeth Bevis For the Attention of Dr CS
 
Dear Mr Reid

When I came to Dr S clinic last Wednesday I did not have an appointment arranged and did not expect to barge in front of others.  I explained that no appointment had been made for Sheffield.  Two ladies (managers) came out to see me witnessed by *******   All they could do was pass messages on to Dr S.    I was then assured that the necessary appointment for E to go under a Tesla 3 scanner had been made.  i had explained that nothing had been arranged previously and that this was being looked into and that a referral had been made when it had not been made according to Sheffield.   I am absolutely in despair to hear yet again Sheffield have no record of any appointment or referral even being made.

Please can you look into this matter and provide me with details of the appointment.   It is almost as if noone wishes my daughter to go and have the extensive tests needed and are trying to play down the necessity of it all.

The seizures are life threatening, the MH team are not monitoring her blood oxygen levels properly.  She is being treated in the most appalling manner.   I am scared for my daughter’s life.  The referral to Sheffield  was meant to extensively look into my daughter’s physical health and wellbeing and yet again for the second time nothing has been arranged.  I totally despair.

I need to know the full details of the appointment as under Martha’s Rule my daughter is entitled to a second opinion and this can only be achieved through extensive tests done through Sheffield.

This is now urgent.  I need full details of the appointment they claim had been arranged yet no-one is responding to my emails under the Neurological department of Dr S.

Yours sincerely

Susan A Bevis

2.5 years of appalling imprisonment under the barbaric NHS where not one person takes responsibility.

Everyone working together to cover their backs in the form of MDT that goes way beyond nursing and doctors codes of conduct.

Total conflict of interest at Board level with no-one taking responsibility.

In the middle of this mess is a vulnerable person now covered in marks, scratches where she is obviously totally distressed and injected frequently, missing meals and that in itself is dangerous and to make up for missing meals is taken to the shop where she may buy crisps and snacks to compensate. At least at home she would be looked after nicely and now she no longer wishes to live so she has told myself and others who have visited her.

She is treated as though she has no capacity and is being denied her physical health assessments which have not been referred as advised on two occasions.

Absolutely dreadful situation. No accountability and these doctors try to play down their responsibilities and try to put all the blame on you as a parent/carer instead of take an interest and investigate what could possibly be the cause of these life threatening seizures. To think they are more worried about her breaking equipment she is supposed to wear on her head to monitor properly than the wellbeing of my daughter.

Then I get an email from a Ms Lowe of Marisco Medical who has said she has been told not to answer my emails because I am writing to her via her own personal email address that states NHS/ICB but I just wrote back and said that can simply copy in by cc to her personal NHS email address the correct email address as what had been given to me had emails bounce back. I do not expect to hear anything but it is good communication to point out that this is the wrong email address and copy in the correct email address surely? She is supposed to be a lead safeguarding person under the GP surgery. This is a safeguarding matter they need to be aware of as two referrals have not been done. At least instead of dismissing such concerns the person should write more clearly and then why use a personal email address in the first instance to correspond with me then now say this is wrong?

So now I have to wait several days if not weeks before I get any kind of response I have asked for ie date of referral and details of what has been arranged. Why is that so difficult when Elizabeth has given consent and it seems like NOONE wants me to know anything.

In the meantime a Ms Emily Scott who is supposed to be the Clinical Lead for Castle Ward has told Elizabeth she is moving elsewhere or words to that effect that she is being taken to see a place but noone in the family is being advised of this and so the information is via Elizabeth.

When I visited Elizabeth she clearly said she wanted to come home, she misses her cat and misses her home and family. Elizabeth has spoken more than one of staff shortages on the ward and I have this in writing.

I am the only person who comes to visit each week without fail. My visits are heavily restricted 2-1. Even a prisoner is treated with more respect.

As regards capacity I had bought Elizabeth something where it indicated there was 9 pieces in a box. I had not eaten myself and after doing all her shopping for her had no chance because the visit was 2.30 and I had two pieces from that box myself. This shows tremendous capacity for Elizabeth to question where the other two pieces were. In addition to this I had bought all the nice things she wanted me to. Food is the only comfort for a patient treated like a caged animal you would see in a zoo. In a prison warders may be present and walk up and down but do not sit there taking notes of everything being said in a small cramped room, Ms Munro describes as “spacious”. So why are they doing this – it is on order. An Executive decision or that of the Responsible Clinician who is clearly not taking into account the fact that this is not conducive to recovery. It has not been taken into account that she would like some leave after all this time and only has 45 minutes so the only other enjoyment is going to the hospital shop and even that was used as punishment for appearing hostile, the subject at the time of an interlocutory injunction. This could not go forward due to county court not having the jurisdiction.

When a responsible clinician goes down the legal route first before medical concerns this is highly negligent. Why are they filming her on the ward having seizures and trying to make out this is caused by her mother. Why dont they do the responsible thing by refer her to sheffield and for the endocrinology tests as already proven in private tests there is dysfunction.

It would seem there are no standards and those at the top also work for the care quality commission and the ICB.

All I have ever wanted is for my daughter to be treated fairly.

Sadly I have chosen to live in a beautiful area that would benefit Elizabeth but she is not allowed any meaningful contact – there is complete abuse of human rights under this area. There is no accountability.


Overview

It has long been recognised that the Deprivation of Liberty Safeguards (DoLS) are not ‘fit for purpose’ and, despite the law introducing the Liberty Protection Safeguards (LPS) being passed in 2019 (The Mental Capacity Amendment Act 2019), after a number of ‘false starts’, it was announced in April 2023 that LPS would not be progressed during the current Parliament. So where does that leave us?

In this briefing, we highlight the implications of the delay and what health and social care providers can do next.

Where are we now?

Unfortunately, it appears that we have become accustomed to unlawful deprivations of liberty, which in some circumstances seem to have become almost routine. Key gaps with the current process were highlighted by the CQC’s 2022/23 State of Care report.

Current issues include:

Only 19% of DoLS authorisations are obtained within the 21 day period (average national time for completing authorisations is 156 days)
Major delays for processing of ‘community DoLS’ authorisations by the Court of Protection
Ongoing issues where 16/17 year olds require deprivations which can only be authorised by the Court of Protection
It is important to remember the impact of unauthorised deprivations of liberty, as highlighted in the CQC report, including:

People being unnecessarily deprived of their liberty or with excessively restrictive care plans

Challenges for care providers in keeping people safe without authorisations in place
Limited ability to challenge any care plan without an authorisation being in place (so a funded s.21A challenge can be brought)

Increased delays in emergency departments leading to more unauthorised deprivations of liberty
Of course, the challenges in authorising deprivations of liberty are no defence to any claim for unlawful deprivation nor an answer to complaints and challenges from the regulators or the Ombudsman.

Next steps

Ultimately, fundamental resource/legislative changes are required. However, there are still steps that providers can now take to minimise the impact:

  1. Knowledge and application of MCA back-to-basics

The CQC report highlights a number of basic failings in the understanding/application of the Mental Capacity Act, which could be addressed now, putting organisations in a much stronger position pending any future changes.

  1. MCA/MHA interface

Whilst the interface between the Mental Capacity Act and the Mental Health Act can be very complex, the majority of the time the legal position is (or should be) clear. There should again be a focus on improving staff knowledge and confidence in dealing with the ‘basics’.

In hospital settings, there needs to be a reconsideration of how to choose between the Mental Health Act and DoLS, when in reality DoLS is simply not available.

3. Deprivation of Liberty Safeguards basics

Where a DoLS authorisation is in place, organisations need to ensure that staff understand the legal effect of this. In particular, it is important to understand that a DoLS authorisation does not provide legal authority for any care/treatment and staff need to ensure that any conditions are met, reviews are triggered when required and further authorisations are requested as necessary.

  1. Discussions with the supervisory bodies

Pending legal change, organisations should consider discussions with the relevant supervisory body/bodies in order to formulate a plan to address any backlog or other particular organisational issues.

  1. Community deprivation of liberty issues

Care needs to be taken not to be pressured into ‘misusing’ community Mental Health Act provisions.

D A C Beachcroft

*************************************************************************************************

Use of conditions in deprivation of liberty safeguard authorisations

06 April 2023

Richard Griffith

The deprivation of liberty safeguards were introduced into the Mental Capacity Act 2005 schedule A1 following the decision of the European Court of Human Rights in HL v United Kingdom (45508/99) (2005). The safeguards can be used to authorise the deprivation of liberty of an adult in a care home or hospital where this is necessary to protect the person from harm and is proportionate to the risk and seriousness of that harm, as set out in the Mental Capacity Act 2005, schedule A1 paragraph 16.

Protecting dignity and autonomy

To protect the dignity of patients by ensuring that restrictions imposed to protect that person and not overly intrusive, best interests assessors are commissioned to review the restrictions and satisfy themselves that the protective measures in place are necessary and proportionate. Restrictions that disproportionately interfere with the autonomy of the person will be unlawful. In Re MK[2014] the Court of Protection held that the removal of a woman with severe learning disabilities from her family was a deprivation of liberty that was disproportionate and unnecessary. The woman was not at risk, her wishes and feeling were to be at home with her family and the standard of her day-to-day care had been good. The woman had been unlawfully deprived of her liberty and unlawfully denied contact with her family. Both were unjustifiable interferences with her human rights under article 5 and 8 of the European Convention on Human Rights (ECHR) (Council of Europe, 1950).

Using conditions to ensure necessary and proportionate restrictions

Local authorities and health boards, in their role as supervisory bodies, are tasked with sanctioning a deprivation of liberty standard authorisation under the safeguards (Mental Capacity Act 2005, schedule A1 paragraph 50). To ensure that hospitals only impose proportionate restriction that are necessary to protect the person from harm, the supervisory body can make the authorisation subject to conditions that are legally binding on the hospital. The supervisory body will consider the recommendations of the best interests assessor when deciding if an authorisation should be subject to conditions (Mental Capacity Act 2005, schedule A1 paragraph 53).

In Re G [2016] the court considered the case of a woman, aged 92, who had dementia and lacked capacity. Her care plan involved the administration of medication covertly. No conditions had been placed on the authorisation of her deprivation of liberty. The court found that the use of covert medication had not been subject to proper safeguards; the decision to administer medication covertly did not appear to have been communicated to the supervisory body. The court issued guidance that best interests assessors and supervisory bodies should place conditions on the authorisation to ensure that covert administration was regularly kept under review and that it continued to be a necessary and proportionate response to the needs of the person.

Recommending conditions

The code of practice for the deprivation of liberty safeguards (Ministry of Justice, 2008) highlights that attaching conditions to a deprivation of liberty standard authorisation should relate to the restrictions and should not be used as a substitute for a properly constructed care plan. As the conditions in a deprivation of liberty authorisation are binding on the hospital it is good practice for the best interests assessor to discuss proposals for conditions with the staff caring for the protected person (Ministry of Justice, 2008: paragraph 4.75).

To ensure that conditions are appropriate to the protected person they must (Welsh Assembly Government, 2009):

  • Be relevant to the role of the managing authority
  • Relate directly and specifically to the deprivation of liberty, and
  • Should not be general in nature, or
  • Be a lever to improve the overall care plan.

To ensure that those requirements are met best interests assessors and supervisory bodies are required to subject any proposed conditions to a ‘but for’ test. That is, would the conditions be needed ‘but for’ the protected person being deprived of their liberty. A valid condition would be one that meets that test, it is needed only because the person is being deprived of their liberty.

Purpose of conditions

The code of practice to the deprivation of liberty safeguards (Ministry of Justice, 2008) suggest that conditions might be used to:

  • Ensure the deprivation of liberty is secured
  • Limit the restrictions that amount to a deprivation of liberty
  • Work towards ending the deprivation of liberty.

Ensuring the deprivation of liberty is secured

The code of practice (Ministry of Justice, 2008) suggests that conditions could be imposed on a deprivation of liberty authorisation to ensure that the deprivation of liberty is secured. This might arise where it is necessary to ensure that the person will not leave the hospital. In A local authority v D [2013] a woman with Huntington’s disease was prevented from returning home to her husband following a period of respite care. The husband was also denied access to his wife to secure the deprivation of liberty by preventing him from taking his wife home.

Although conditions can be used to immediately secure a deprivation of liberty, the use of conditions for such purposes must only be for a short period. A deprivation of liberty safeguard authorisation cannot generally be used to authorise limited or no contact with the protected person. ‘No contact’ issues can only be authorised by the Court of Protection. The code of practice to the deprivation of liberty safeguards stresses that it must be for the Court of Protection to make decisions when contact between family members or close friends is being restricted. The deprivation of liberty safeguards cannot be relied on to manage no-contact cases.

In A local authority v D [2013] the Court of Protection held that the delay of some 3 months between the initial authorisation of the deprivation of liberty and bringing the case before the court was a breach of the couple’s right to respect for a family life under article 8 of the ECHR (Council of Europe, 1950) and an unlawful deprivation of liberty contrary to article 5 of the ECHR. Damages were awarded to both the husband and wife for these breaches.

Limiting the deprivation as much as possible

This purpose allows best interests assessors and supervisory bodies to impose conditions where they are satisfied that the restrictions being imposed are disproportionate to the risk of harm. The conditions can be used to ensure that the protected person continues to enjoy access to fresh air or meaningful activities, or to maintain social contacts.

Working towards or bringing about an end to the deprivation

Supervisory bodies can use conditions for this purpose to ensure the person’s timely and appropriate discharge from hospital. The conditions might require assessment to facilitate discharge to be completed within a given time frame. This might include obtaining a occupational therapy home visit assessment report or a physiotherapy report.

Conditions are binding on managing authorities

The Mental Capacity Act 2005, schedule A1 paragraph 53(3) states that:

‘The managing authority of the relevant hospital must ensure that any conditions are complied with.’

The Mental Capacity Act 2005 schedule A1 paragraph 4(3) also states that:

‘In a case where an authorisation is in force, a person is not authorised to do anything which does not comply with the conditions (if any) included in the authorisation.’

The Local Government and Social Care Ombudsman found that Barchester Healthcare had failed to fulfil the conditions attached to a man’s deprivation of liberty authorisation that related to the provision of meaningful activities and his interaction with a fellow resident. The man’s wife felt compelled to find her husband a different care provider due to these failures. Barchester Healthcare offered a £5000 payment in recognition of their shortcomings relating to the authorisation conditions, which the ombudsman found to be appropriate in the circumstances (Peart, 2020).

Changing or removing conditions

The only lawful way for a hospital to vary a condition attached to a deprivation of liberty authorisation is to seek a review of the best interests requirement under part 8 of schedule A1 of the Mental Capacity Act 2005. Varying in this context includes amending, adding to or omitting conditions. Where a request for a review is received then the supervisory body will commission a best interests assessor to reassess the protected person’s best interests and make recommendations as to whether the supervisory body should vary the conditions.

Enforcement of conditions

In Re W [2016] the Court of Protection held that it was for the supervisory authority that had granted a standard authorisation, under the Mental Capacity Act 2005, to deprive a person of their liberty that was responsible for monitoring compliance with the conditions it had imposed. The frequency of such monitoring depended upon the circumstances of the case rather than there being any need to fix a period that would be applicable to all authorisation cases.

Conclusion

Under the deprivation of liberty safeguards, local authorities and health boards, in their role as supervisory bodies, can attach conditions to a deprivation of liberty authorisation to ensure that the restrictions imposed on the protected person are necessary and proportionate to the risk of harm the person faces. Conditions are binding on the hospital where the person is being deprived of their liberty and it would be unlawful not to implement the conditions attached to an authorisation of a deprivation of liberty. It is the duty of supervisory bodies to ensure the conditions they attach to authorisation are implemented by the hospital through regular review and monitoring.

Key points

  • A supervisory body can make the authorisation of a deprivation of liberty subject to conditions that are legally binding on the hospital
  • Conditions attached to a deprivation of liberty standard authorisation must relate to the restrictions and should not be used as a substitute for a properly constructed care plan
  • Conditions must meet the ‘but for’ test to be valid
  • Conditions are binding on the hospital where the person is deprived of their liberty

Elizabeth has been held for 2.5 years now in the most restrictive manner by two hospitals namely Ash Villa and Castle Ward run by Lincolnshire Partnership Trust. She is held under the MHA just like a restricted prisoner. Phone held in the locker – only supervised calls and restricted visiting.

I do not think it is at all lawful what Lincolnshire Partnership Trust are doing.

Also they cancelled all her physical health appointments when I moved as being “unnecessary” when the former area had started to take her health seriously.

Apparently Elizabeth has been told “you wont be here much longer as you will be going into supported housing”.

Nobody in the family has been told anything about this but i have heard directly from Elizabeth so the fact she was able to relay this conversation to me and an assessment carried out a while back she did not wish to join in for a care home in West Sussex is most disturbing.

Elizabeth was told to pick on a map where she wanted to live. Well my question to LPFT is how on earth do you expect my daughter to choose where she wants to live according to your disgraceful plans when she has been held a prisoner for so long and has not even seen anything of this area.

The area itself is very nice however I cannot say that for the NHS or the way we have been treated in a new area by the Council.

Not everyone has access to a computer or internet but I am totally inspired by my contact who is 91 having to stand up for her son who by the sounds of it has been totally misdiagnosed and denied the correct pathological tests by the NHS.

A Carer’s Story by “A” (I am using the exact words of my guest blogger as written in a letter by request)

“I have been involved with Mental health for many years as a carer for my son, even though the diagnosis is totally wrong.

My son has had nothing but persecution – stress – no life whatsoever.

Resistant to some medications.

The service should provide the resistance test, only then would patients be on the right medication.

It would save a lot of problems – also a lot of money. 

Most of all – The misery that these medications cause. They are addictive and very difficult to withdraw from.

It needs a special clinic, experienced person to make sure the withdrawal is successful. 

My son has two disabilities from the medication.

He is in a wheelchair for over 20 years suffering from TD – Tardive Dyskinesia from the medication – injury to the brain – spine (Clozapine) no dopamin in this system

Disability (Risperidone) – brain disturbance so now lacks capacity.

They only knew one thing – pills/Tablets.

The system needs to change. Put the right people in the right jobs.

Mental health destroys everything ? (The system).”

BY MY GUEST BLOGGER AGE 91 YEARS OLD