Currently the Court does not automatically review cases at all. This is, I contend, fundamentally incompatible with any sensible society, certainly it is incompatible with this Government and its policies elsewhere. If I may offer personal experience, my partner was under the Court of Protection at least a decade too long. The person has only recently been discharged. During the last decade, my partner has suffered terrible problems, with their legal and civil rights being kept from them, various things forced on them by the solicitor that was Receiver, having their signature held as invalid and the bank accounts they lived through frozen once the bank discovered the person was a patient of the Court. The OPG have also actually damaged our marriage by casting suspicions of "Financial abuse" upon me, sending several Court Visitors to interrogate us which we were not allowed to refuse, and various other things there is not enough space here for. My contribution here is important because we and many other people out there have been abused and done harm to completely unnecessarily. The only person to benefit from my partner being under this Receivership in the last ten years was the appointed solicitor acting as Receiver, whom made many thousands out of it, lied to us about the possibility of release, and opposed the application for release once it was made, launching malicious smear campaigns against us in the process. I conclude, there is a terrible gap in the legal system allowing unethical professionals to take advantage of societys most vulnerable and it must be closed, hard and quickly.
These organisations should both be thoroughly reviewed and changed to reflect the policies about civil liberties and human rights this Government is implementing. In particular, in cases of non-degenerative illness/injury such as people with head injuries, the case must be reviewed at least every five years, with full medical examination and evaluation, concerning whether the person really needs to be under these overwhelmingly powerful and invasive bodies.
The new sweeping powers given to them by the odious last Government must be revoked. I have personally not heard of one case in which these new powers have helped rather than done harm to the Ward of Court and their loved ones.
In line with this, it must become a clear criminal offence to keep a person unnecessarily under Court of Protection Receivership/Deputyship, particularly if one has a financial interest in doing so. The OPG must do their job and stop allowing unethical solicitors to abuse the vulnerable. in fact, considering the charges they run up, solicitors should never be allowed to become Receivers/Deputies at all. There should be a separate body set up, who are only allowed to charge a fixed annual sum and no more.