Parents Against Injustice
Lord Justice Hayden, who agreed that Baby Alfie Evans should have his life support terminated earlier on the year, has
now decided that a 97 year old War veteran, with full Mental Capacity, should not be allowed to go Home for Christmas, and to be allowed to die at home in his own surroundings.
The present Mental Capacity act states that a Person, who has deemed to have full Mental Capacity, are allowed to make unwise decisions, but in this tragic case, the former has not happened..
The unnamed Gentleman does not appear to be on a current Deprivation of liberty safeguard,and has full mental capacity .
So under the Mental Capacity Act, has the right to go home.
But Social Services have taken the case to the High Court to promote their stance of keeping him prisoner in the care home.
There was real concerns about the Home environment regarding his safety, the Gentleman has Relatives, who are willing to help care for home.
Another unethical attire to this case, the poor man is not entitled to Legal Aid with the case being Private Law,
But the LA, can afford the many thousands of pounds in Legal fees,to support their cause of keeping the Man a prisoner
in the Care Home.
Luckily the Man was able to secure Pro Bono Legal Representation.
But under the present DOLS policy, a Relative could of acted for him, being his Relevant Persons Advocate, and could of got full Legal Aid to take the case to the Court of Protection in cases of conflict of interest.
But the Gentleman is not on a DOLS, because he has full mental capacity.
Barrister Katie Scott, who is leading the council's legal team, has also argued the pensioner is capable of making his own decisions.and should be allowed home, but Social Workers at the end of day seem to rule the roost, and put their avid campaign to keep the man prisoner in the Care home, even though he does not seem to be on a Deprivation of liberty safeguard.
There has been two previous hearings where Lord Justice Baker has also denied the man the Right to go home.
There is a gagging order on what LA HAS TAKEN THE CASE TO THE HIGH COURT, AS WELL AS IDENTIFYING THE MAN WHO IS NOW A PRISONER IN THE CARE HOME.
In the future if the LA is identified, i will put a freedom of information request in to see how much the LA have paid in Legal Representation for the whole of the case.
As we are aware Alder Hey Hospital were very happy to spend over a quarter of a million pounds to terminate the life support on Baby Alfie Evans, which led to his death, the same goes with regards to GOSH, and the legal fees to terminate the life support of Baby Charlie Gard.
I await the Judgment on 16th January 2018.in closed Court i guess, for the MAN TO BE RELEASED OR KEPT IN PRISON.
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