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David Cooper: a case study in financial abuse
- Author:
- GREEN Sheree
- Journal article citation:
- Journal of Adult Protection, 13(1), February 2011, pp.36-45.
- Publisher:
- Emerald
This article outlines the financial abuse of David Cooper by Sonia Crabb and her boyfriend, Tony Junge. David experienced epilepsy and schizophrenia, and was described in court as having below average intelligence. He had inherited a 190-acre family farm after his father’s death in 1997, before being coerced into transferring the farmhouse, valued at £640,000, to Crabb. The article discusses the indicators that may have alerted individuals and services to the risk of financial abuse, and the measures taken by those aware of David's potential vulnerability. It highlights aspects of the Mental Capacity Act 2005 which may have been relevant to the case in question, and presents appropriate interventions that should have been set up in order to protect David from Crabb and Junge.
Neglecting justice? Exploring Scottish convictions for ill-treatment and wilful neglect
- Authors:
- GODWIN Christopher, MACKAY Kathryn
- Journal article citation:
- Journal of Adult Protection, 17(4), 2015, pp.234-244.
- Publisher:
- Emerald
Purpose: This paper explores the perceived low number of Scottish criminal convictions in cases of ill-treatment or wilful neglect of adults where the victims experienced mental disorder, and/or incapacity. Human rights and anti-discrimination legislation are drawn upon to consider whether victims are gaining equality of access to justice through the charging and conviction of those who commit these offences. Design/methodology/approach: The paper uses the concept of parity of participation to first set out the wider legal framework in which access of justice takes place and to try to determine how it may be working in practice. Second the paper explores Scottish guidance, research and case law in relation ill-treatment or wilful neglect to evaluate the seeming lack of progress towards criminal convictions. Findings: Whilst the legal framework appears to promote equality of access to justice, little is known about how it is working in practice; in particular whether cultural barriers to participation are being addressed. Evaluation of Scottish statistical data on cases of ill-treatment and wilful neglect revealed a small number of cases progressing to court though there were challenges in constructing a pathway from charges to convictions. There also appeared to be no Scottish legal opinions published in connection with these cases. In addition lack of research means that little is known about why cases progress, and how victims might be being supported through the process. Research limitations/implications: It is suggested that these gaps in information, in comparison to England and Wales, might be hindering practice. In particular the apparent lack of operational definitions for ill-treatment and wilful neglect in Scotland may reduce the use of this type of criminal offence. As such criminal offences embedded within civil mental health and mental capacity legislation may currently be hidden in plain sight. The human rights consequences of the issues raised in this paper are argued as significant. Research is needed to fill these gaps and inform future guidance and training. Practical implications: Improved Scottish guidance and publicity of this issue is required. Local inter-agency discussions and training could develop a better understanding of how these offences have been defined and how disabled people might be supported through the legal processes. The Scottish publication of statistical information for charging and convictions might usefully record these offences separately to give them a greater public profile in the future. (Edited publisher abstract)
Deprivation of Liberty Safeguards: what determines the judgements of best interests assessors? A factorial survey
- Authors:
- CARPENTER John, et al
- Journal article citation:
- Journal of Social Work, 14(6), 2014, pp.576-593.
- Publisher:
- Sage
Summary: The Deprivation of Liberty Safeguards were introduced in England and Wales to protect the interests of people with learning disabilities, dementia and neurological conditions resident in hospitals and care homes. The Safeguards apply when residents lack capacity to make decisions about their care and treatment in circumstances that may amount to a deprivation of their liberty. Best interests assessors must establish whether a deprivation of liberty has occurred. However, there is no definition in statute; instead, the identification of factors which define a deprivation of liberty is evolving through case law. A factorial survey was used to identify the factors which influenced the professional judgements of 93 best interests assessors (three-quarters social workers) who generated 798 responses to randomly generated vignettes. Findings: Coercive staff behaviour was the strongest statistical predictor of a deprivation of liberty judgement, followed by the resident’s response. Other indicators of staff control, including the use of medication to reduce agitation, restriction of movement and family unhappiness with care were also significant. The resident’s condition, gender/age and the setting were not significant predictors. Best interests assessors were generally confident in their decision making; there were no differences in confidence associated with best interests assessors’ professions. Applications: Reviews of the operation of the Safeguards stress significant complexity in defining a deprivation of liberty. Nevertheless, this study suggests that the factors which best interests assessors take into account are rooted in the fundamental principles of the Safeguards and an informed appreciation of case law. Best interests assessors and local authorities, in their role as supervisory bodies, must keep up to date with developments. (Edited publisher abstract)
Powers of attorney and their safeguards: an investigation into the response by statutory services and professionals to concerns raised in respect of Mr and Mrs D
- Author:
- MENTAL WELFARE COMMISSION FOR SCOTLAND
- Publisher:
- Mental Welfare Commission for Scotland
- Publication year:
- 2012
- Pagination:
- 20p.
- Place of publication:
- Edinburgh
Mr and Mrs D, a couple with mild learning disabilities, suffered years of abuse at the hands of their power of attorney, Mr E. Mr and Mrs D gave Mr E power of attorney to manage their finances and welfare in December 2003. This was allowed to happen despite evidence of emotional and financial exploitation of Mr and Mrs D by Mr E. Between 2003 and 2009 there were over 40 records of concern about how Mr E was interacting with Mr and Mrs D and managing their finances and welfare. The local authority and the Office of the Public Guardian (OPG) looked into the actions of the attorney. However, it was left to the couple to revoke the powers themselves, despite evidence that they were afraid of the attorney. Mr and Mrs D eventually revoked the power of attorney in June 2009 with support from independent advocacy and another family member (Mr F). This investigation looks at what action was taken by health and social work services when they believed that the powers of attorney were not being used correctly. It also examines the process of the granting of the power of attorney in December 2003. It concludes that there were fundamental problems with understanding the legislation. Practitioners of all disciplines needed a better understanding of the meaning of ‘incapable of acting’ and the problems that arose because of undue influence.
Identifying and responding to closed cultures: supporting information for CQC staff
- Author:
- CARE QUALITY COMMISSION
- Publisher:
- Care Quality Commission
- Publication year:
- 2019
- Pagination:
- 3
- Place of publication:
- Newcastle upon Tyne
Information to help CQC inspectors and their managers to identify and respond to ‘closed cultures’ in health and social care services, where abuse and human rights breaches may be taking place. Closed environments may develop in services where people are situated away from their communities, where people stay for months or years at a time, where there is weak management of these services and where staff often lack the right skills, to support people. The document includes advice on identifying risk factors and warning signs and how to use existing regulatory policy when enforcement action is required. The information will be particularly useful for regulating services for people with a learning disability or autistic people. However, the principles apply to all settings where people may be less able to self-advocate, including adult social care services for people with dementia or mental health conditions. (Edited publisher abstract)