The Mental Capacity Act 2005 is a cause for concern in England & Wales and a Master of the Royal Courts has asked me to be a "protected party" under the Act when NOT A PATIENT as CTO was revoked.  The case has been stayed for 4 years causing a civil liberty issue.

It is not for a judge to decide capacity of a patient to plead in a civil or criminal case – ALL people are subject to the Access to Justice Act 1999 and therefore NO PERSON should be denied justice even on a capacity issue.   ALL people can communicate to some degree – some are slower than others and with the Disability Discrimination Act a person should not be discriminated against by a judge pulling a fast one on the ticket of capacity.

If Stephen Hawkins can manage to communicate to any degree so also should anyone who has a mental health capacity.  There is little or no need for this Act save where someone needs some to represent for them and that is not an issue of capacity.

Judges should have patients and with technology it is possible to get information in other formats such as large print, braile, languages and technology should be extended to using email and virtual methods – we are in the 21st century, judges should start behaving as if they are too.

The mental capacity act is abusing human rights of freedom of expression.

 

Why is this idea important?

There is absolutely no need for a Mental Capacity Act in the 21st Century where information and communication is possible in more than one format.  Legal Aid in personal injury cases may be necessary if representation is necessary only.   A Justice system should not be so difficult that it cannot be used by the ordinary person in the street including with a disability.  Mental health disability is indiscriminate it affects low level intellect as well as academic minds, neither should be deprived of justice by a capacity issue and it should be extremely difficult to suggest that a person with mental health disability has an inability to reason where they have an academic qualification – people recover.  Just because a person has mental health medication does not mean they cannot also be intelligent or able to communicate.  It is only prejudice that is being furthered by a capacity issue.

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