Battery Farm Deprivation of Liberty

Bleeding Rose

Labour must take responsibility for the immense human suffering caused by the Mental Capacity Act 2005 (Picture licensed from Dreamstime)

The Witchfinder discovers that the Court of Protection is now on the verge of collapse. Bombshell Court papers show that it is contemplating bulk Deprivation of Liberty applications without representation of the person being detained.

The Mental Capacity Act 2005 (MCA) has been the subject of unprecedented criticism. It is a law passed by Labour and intended to fill various gaps in existing legislation. Like nearly all Labour legislation it has been praised for its visionary principles but destroyed due to its cumbersome, expensive and poorly thought out machinery. That machinery is now falling apart.

Continue reading

Share Button

One of the Best Court Judgements Ever Written Ever

Veronica Chapman Lookalike

Would you take legal advice from a person who looks like this? (Picture licensed from Dreamstime).

The Witchfinder praises the courageous Canadian Judge J. D. Rooke for his judgement in Meads v Meads and calls for the enactment of new laws allowing for control of the so-called Freemen on the Land Movement (FMOTL) and  the immediate fining and imprisonment of its ‘gurus’ who give fallacious advice, such as Veronica Chapman. Where vulnerable people are described, aspects such as the name and gender have been fictionalised.

To those who have not encountered it, it may initially be hard to understand why the transatlantic FMOTL movement inspires so much hatred amongst lawyers and members of the judiciary, even normally cuddly members of the Human Rights crowd. Allow me to use an analogy.

Imagine for a moment that there is a book on electrical wiring – ‘Wiring Is More Than Just A Word’. You can buy it from reputable bookshops like Amazon. Imagine that this book is glossy and professional looking, the book uses all the right words and is written in a persuasive and apparently erudite way. The book is bought mainly by the vulnerable and desperate who have electrical problems and sit at home in the cold and the dark. Imagine its author is trusted, respected and looked up to by the poor souls who read her work.

Now consider what would happen if the instructions in the book were utterly, totally and horribly wrong. Picture a situation where the words are all correct but the explanation of their meaning is all wrong. “Voltage is very important. You must wire as much voltage as possible directly to your genitals in order to protect yourself from the Ohm conspiracy. Under no circumstances must you listen to any electricians. All electricians are evil and in league with Ohms. And bankers. Whatever you do, never, EVER wire up the earth wire as this may allow your voltage to be stolen by amperes. Instead you should attach the wire marked LIVE to the BATHTUB.”

Continue reading

Share Button

A River of Tears

The Witchfinder summarises the evidence from the recent House of Lords Committee on the Mental Capacity Act 2005 and points the finger at the Labour politicians responsible for this travesty.

Bleeding Rose

Labour must take responsibility for the immense human suffering caused by the Mental Capacity Act 2005 (Picture licensed from Dreamstime)

The Witchfinder, under another name, was one of many individuals, professionals and organisations that gave evidence to the ongoing investigation. The evidence has now been published and your humble inquisitor has decided to summarise.

Anyone wishing to read it for themselves can find volumes 1 and 2 on the parliament website –

Volume 1
Volume 2

What is striking is just how loud the chorus of complaints are. Chris Booker of the Telegraph, for example, would be delighted to discover just how many social workers are in total agreement with him about the Act’s inadequacies.

The problem with dry text is the inability to fully convey the human suffering represented by the endless storm of criticism. I quote (for example) Kate Beynon, a social worker in Northamptonshire, “I was involved in a recent CoP case and am very worried that one of the parties was not able to access legal aid, she was in debt and could not afford repayments and yet we were removing her adult son from her care.”

Beynon is quite right – a lot of the Witchfinder’s charity work exists solely because there is negligible legal aid available to families when social services take away adult relatives.

She goes on to mirror the Witchfinder’s suggestion that there be local Mental Capacity tribunals instead of the current Court of Protection, “Why can we not have local Tribunals similar to Mental Health Tribunals?”

Continue reading

Share Button

2000+ Unlawfully Detained. Families of Abuse Victims Condemn Jeremy Hunt

Jeremy Hunt

Jeremy Hunt. Secretary of State for Health. Image licensed under the Open Government Licence v1.0. This permits adaptation. However, the Witchfinder has resisted the temptation to scrawl the obvious four letter word across his forehead.

Catastrophically failing Care Quality Commission admits that thousands of people have been deprived of their liberty in the UK without proper notification – but they do not know who, where, or how many.

CQC admits that at least 7,238 criminal registration offences against vulnerable people have not been prosecuted putting the United Kingdom apparently in violation of the United Nations Optional Convention Against Torture.

CQC Whistleblower Kay Sheldon claims that David Prior, new Chief Executive, told her that she would not be re-appointed. CQC office asked to put allegation to Mr Prior and responds refusing to ‘confirm or deny’ allegation. Health Secretary Jeremy Hunt has failed to clearly back Mrs Sheldon.

Yvonne Goder of charity FACT, which campaigns for victims against abuse of people without capacity describes Jeremy Hunt, Secretary of State for Health and responsible for the CQC as ‘morally no different from the abusers at Winterbourne View’ and calls for his immediate sacking from government. Mark Neary, father of Steven Neary agrees with the comparison.

Continue reading

Share Button

Rest in Peace Margaret Thatcher

The Witchfinder praises Margaret Thatcher’s legacy, especially her less well known work helping the vulnerable.

Margaret Thatcher

Margaret Thatcher (image via Wikimedia Commons)

It feels slightly strange, writing a eulogy for Baroness Thatcher. Until I left Labour in 2008, it was inconceivable. My family are three generations Labour – I am a lone blue rose amongst crimson thorns. At university I was a Labour student, inculcated in their doctrines of hate towards anyone, even within the same party, who disagreed with their views.

I also initially felt under-qualified to comment being only a newcomer to the Conservative Party as of 2009. However there is one area for which Mrs Thatcher deserves praise but has received relatively little and of which I have specialist knowledge. As a law student one of my specialist interests is assisting those alleged to lack mental capacity, or their families. I have assisted people in the High Court and been allowed occasionally to exercise rights of audience as a McKenzie Friend.

The Mental Health Act 1983 (MHA) was introduced by Margaret Thatcher’s Conservative government. It comes to mind because its effectiveness as kind but pragmatic legislation is highlighted in comparison to Labour’s cack-handed car-crash of a law, the Mental Capacity Act 2005 (MCA) introduced by Tony Blair’s government. Both do the same job, essentially dealing with compulsory intervention in the lives of people with mental illness or disability.

Continue reading

Share Button

Book Review – Eyes of a Sociopath – L R Sheridan

The Witchfinder thinks Amanda Preston is a cuddle-wuddle fluffy head.

Face shot of the beautiful Amanda Preston.

Amanda Preston is a cute-wutie!

‘Eyes of a Sociopath’ could be chick-lit. It is about a beautiful young woman on the up and on the make. The difference with this book is that our heroine, Amanda Preston, as the name suggests, is about a clinically diagnosed High Functioning Sociopath. So what is a sociopath?

Well, a sociopath is a person who is on the psychopathic spectrum. Formally, the diagnosis is ‘Dissocial Personality Disorder’ or ‘Anti-Social Personality Disorder’. There is a variety of literature on the subject, some speculating that such people are born, others that they are made (e.g. by an abusive childhood) and still more that it is a mixture.

High Functioning Sociopaths are people, often with superior senses and intelligence, who are charming, capable and lacking in traditional amounts of conscience or remorse. They may succeed in employment, indeed they can be successful journalists or gifted lawyers. Sociopaths are notable for their deep perception and understanding of human emotions and behaviours despite the fact that they do not share the feelings of those around them.

Sociopaths can be extremely persuasive because they are simply skilfully mocking up emotions that other people actually feel.  Amanda feels nothing towards those who think she is their friend. She hurts people without remorse and the book describes in detail how as a child she pretends to be friends with a kindly girl called Sara in order to appear more normal. In reality Amanda’s only real urges are to success and to extreme violence. As she grows she lies, cheats, injures and murders.

Continue reading

Share Button

The Inadequate Act

The Witchfinder notes recent criticisms of the Mental Capacity Act 2005 by the judiciary.

Burning Money.

Imagine lots and lots of money, burning. This is functionally indistinguishable from imagining a Deprivation of Liberty Safeguards case in the Court of Protection.

I like Mr Justice Mostyn – he is one of my favourite judges. This article is about a recent public judgement in which – like many others – he has felt the need to comment about the lack of protections for those subject to the Mental Capacity Act 2005 (MCA). The Witchfinder includes no information not in the public judgement.

The case concerns the safeguards that should be made available to a mentally incapable man. The nature of the man’s incapacity is not really important. What is important is the way this judgement further throws into sharp relief the inadequacy of the safeguards under the MCA.

In order to make the judgement less dehumanising, Mostyn refers to the man as ‘George’. George is not his real name. Unfortunately it appears that George is a sexual deviant who needs to be confined, strip searched and to have his phone-calls and correspondence monitored for the safety of others.

Continue reading

Share Button

Book Review – American Bombshell – Rachel Marsden

The Witchfinder enjoys a book by controversial Canadian author Rachel Marsden.

Americal Bombshell Book Cover

The beautiful Rachel Marsden graces the cover of her book.

Rachel Marsden is a prolific and well-travelled Canadian author, a former TV news host who has written for national and international publications world wide. She is frequently vilified by the left because of her willingness to challenge their opinions in provocative and often satirical ways.

In real life Rachel is a sweet intelligent and charismatic woman with A-list model looks. However, given a writing tool of any kind she is unable to resist provoking leftists. Like many Conservative women she is often subject to discriminatory slurs on her mental health and morality such as in this despicable thread from left-wing hate site Democratic Underground.

The Witchfinder himself does not agree with nor endorse all of Rachel Marsden’s views but often enjoys the visible distress of the leftists who read them.

We turn then to the book, “American Bombshell: A Tale Of Domestic And International Invasion”. The book itself is an obvious Roman-à-Clef. Its lead character Catherine Carston is a Canadian born self-described Conservative who starts off working in Canadian journalism, before travelling to America and later to France to work as a TV Conservative.

Continue reading

Share Button

Sent To Prison for Talking to a Lawyer

An article about a terrifying judgement of the Court of Protection in which a man’s daughter was imprisoned for contempt for taking him to see a lawyer to challenge his placement in a care home by the local authority. And for witchcraft. Yes really, witchcraft.

If your local council places you in a care home and you or your family object can you talk to them about it? Can you talk to a lawyer? Or would that be contempt of Court punishable by imprisonment? What if your family helps you? Would they be in contempt?

Most reasonable people would say a resounding “No” to the question of Contempt. Step forward HHJ Cardinal – the circuit judge with the courage to say “Yes!”

The case of SCC v JM, and ors is reported on Mental Health Law Online and is an anonymised public judgement. The Witchfinder publishes no information other than what is already in the public domain. The document has been missed by the national media so far, which is a shame as it is a horrifying and clear cut scandal. The case concerns an elderly man, JM, who suffers from Alzheimer’s syndrome and has been placed in a care home. There is apparently some form of dispute about his residence, which has led to litigation in the Court of Protection.

JM has three children who disagree with the local authority. This is not uncommon. Your humble correspondent the Witchfinder is a law student who often advises such people pro-bono. About 75-90% of the time the local authority is right. Roughly 25-10% of the time there is something to be said for the other side. About 10-5% of the time it is a horror story.

The disturbing thing about this case is that, according to the judgement, an order was made by Judge Owen on 19/05/2012 that prohibited the respondents (the old man’s children) from helping the vulnerable elderly man challenge the placement – “the respondents should not encourage JM to leave or to ask to leave his placement, or discuss with him the possibility of moving back home, or remove him from the jurisdiction of the court.”

Continue reading

Share Button