People deprived of their liberty

name removed 23 Oct 2012 (Account suspended) made this Freedom of Information request to Equality and Human Rights Commission

The request was partially successful.

From: name removed 23 Oct 2012 (Account suspended)

5 January 2012

5 January 2012

Dear Equality and Human Rights Commission,

I am writing in consequence of contacting you in 2011 regarding the
timeframe of making a complaint against an alleged abuse by a
public authority or by medical personnel in the NHS or by social
workers of the local authority.

I was informed by the Equality and Human Rights Commission that the
time is a year from that time. What happens if there are several
instances? Does it have to be from just the time of the first,
which might or might not be abuse, but merely a misunderstanding,
but if there is a series of incidents, collectively it might become
an "abuse" which materialises over time, and it is difficult to
pinpoint any one instance but together becomes an abuse?

If a patient is detained under the Mental Health Act 1983/2007,
what safeguards are maintained by the Equality and Human Rights
Commission to ensure that not only are Deprivation of Liberty
Safeguards in place, but also that patients are entitled to take
part in their own care planning and not be locked away for months
or years on end without ever being allowed to be able to live in
their own home with their family?

To me, this is a total abuse of Human Rights. Article 8 is Right to
a Family Life.

And Article 6 is Right to a Fair Trial.

Yet many people are forcibly sectioned under the Mental Health Act
and there is no fair trial and no liberty.

Where is the justice in any of this?

We are supposed to be a democracy based on principles of freewill
and ability to live one's life in one's own way so long as other
people's rights of life and liberty are not infringed by so doing.
In other words, it is "live and let live" but now we seem to be
spiralling into a state of chaos where people are being denied
liberty on the say so of a few people, without a judge and jury,
and without any real say because so-called "psychotic" people are
often deemed to be "deluded" and unable to make decisions for
themselves. Yet when other people converse with them, they come to
other interpretations and find that these people far from being
deluded are actually intelligent, understanding and know that they
are being detained against their will but because they "lack
insight" into their so-called "mental health disorder" they cannot
be released home or into the community.

Hundreds of years ago it was accepted to dunk an alleged "witch" to
see if she floated. If the "witch" drowned, she was pronounced
"innocent" but if she floated she was found "guilty". Thus an
"innocent" woman drowns and dies. And a "guilty" woman is then
killed for being a "witch". So this is a "no-win" scenario.

But we are not living in such a society. Instead we have laws which
are based on evidence and fair play.

It is my belief that the Equality and Human Rights Commission
should lobby for the closure of many beds in mental health trusts
and instead provide excellent community care so that people may
live in their own homes.

Only in the most extreme circumstances should people be removed
from their families against the will of the patients. This causes
misery and I believe that this also constitutes a major Human
Rights abuse which needs to be investigated in a national
moratorium on Mental Health legislation in particular forced
guardianship, forced adoption, forced separation from one's family,
and removal of the rights which you as the Equality and Human
Rights Commission are there to uphold the freedoms of people who
are vulnerable - but vulnerable because they are hospitalised
against their will.

I hope that you will advise me what the Equality and Human Rights
Commission has done to protect such vulnerable people.

Thank you very much for addressing my FOI. Please may you respond
to me via this website on whatdotheyknow website.

Yours sincerely,

[first name removed] [last name removed]

Link to this

From: Freedom of Information
Equality and Human Rights Commission

5 January 2012

Thank you for your email to the Equality Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

hide quoted sections

Link to this

From: Freedom of Information
Equality and Human Rights Commission

6 January 2012


Attachment image001.jpg
5K Download


[1]cid:image001.jpg@01CCB8C5.8149D770

 

Ms [first name removed] [last name removed]

Email: [2][FOI #99412 email]

 

Your Ref: FOI612

 

 

06^th January 2012

 

 

Dear Ms [last name removed]

 

Subject: Freedom of Information Request

 

Thank you for your email dated 05^th January 2012 to the Equality and
Human Rights Commission, where you have submitted the following Freedom of
Information Act (FOIA) request:

 

·        hope that you will advise me what the Equality and Human Rights
Commission has done to protect such vulnerable people.

 

Only part of the issue stated in your email falls to be dealt with under
FOIA, that which I have bullet pointed above, and I have also highlighted
this part in your email below in yellow. The remainder of the issue you
raised in your email falls outside FOIA and I have passed this to the EHRC
Helpline so that they can respond to you directly.

 

We received your request on 06^th January 2012.

 

As part of your email amounts to a request for information that the
Commission may hold, in accordance with the requirements of section 10 of
the Freedom of Information Act 2000, we will respond as quickly as
possible, and in any event no later than 20 working days of receipt of the
request. In this instance a response will be with you no later than 03^rd
February 2012. If for any reason we are not able to meet this deadline, we
will notify you and give you an indication of when we will send you a full
response.

 

If you have any questions about this email, please contact us using the
details below.

 

Yours sincerely

 

 

Markus Piscapore-Caruana
Corporate Communications Officer

 

Corporate Communications Team

Equality and Human Rights Commission

3rd Floor Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [3][Equality and Human Rights Commission request email]

 

Tel: 0845 604 6610

Fax: 0845 604 6630

Text Phone: 0845 604 6620

 

 

-----Original Message-----
From: [first name removed] [last name removed] [mailto:[FOI #99412 email]]
Sent: 05 January 2012 22:16
To: Freedom of Information
Subject: Freedom of Information request - People deprived of their liberty

 

     5 January 2012

    

     Dear Equality and Human Rights Commission,

    

     I am writing in consequence of contacting you in 2011 regarding the

     timeframe of making a complaint against an alleged abuse by a

     public authority or by medical personnel in the NHS or by social

     workers of the local authority.

    

     I was informed by the Equality and Human Rights Commission that the

     time is a year from that time. What happens if there are several

     instances? Does it have to be from just the time of the first,

     which might or might not be abuse, but merely a misunderstanding,

     but if there is a series of incidents, collectively it might become

     an "abuse" which materialises over time, and it is difficult to

     pinpoint any one instance but together becomes an abuse?

    

     If a patient is detained under the Mental Health Act 1983/2007,

     what safeguards are maintained by the Equality and Human Rights

     Commission to ensure that not only are Deprivation of Liberty

     Safeguards in place, but also that patients are entitled to take

    part in their own care planning and not be locked away for months

     or years on end without ever being allowed to be able to live in

     their own home with their family?

    

     To me, this is a total abuse of Human Rights. Article 8 is Right to

     a Family Life.

    

     And Article 6 is Right to a Fair Trial.

    

     Yet many people are forcibly sectioned under the Mental Health Act

     and there is no fair trial and no liberty.

    

     Where is the justice in any of this?

    

     We are supposed to be a democracy based on principles of freewill

     and ability to live one's life in one's own way so long as other

     people's rights of life and liberty are not infringed by so doing.

     In other words, it is "live and let live" but now we seem to be

     spiralling into a state of chaos where people are being denied

     liberty on the say so of a few people, without a judge and jury,

     and without any real say because so-called "psychotic" people are

     often deemed to be "deluded" and unable to make decisions for

     themselves. Yet when other people converse with them, they come to

     other interpretations and find that these people far from being

     deluded are actually intelligent, understanding and know that they

     are being detained against their will but because they "lack

     insight" into their so-called "mental health disorder" they cannot

     be released home or into the community.

    

     Hundreds of years ago it was accepted to dunk an alleged "witch" to

     see if she floated. If the "witch" drowned, she was pronounced

     "innocent" but if she floated she was found "guilty". Thus an

     "innocent" woman drowns and dies. And a "guilty" woman is then

     killed for being a "witch". So this is a "no-win" scenario.

    

     But we are not living in such a society. Instead we have laws which

     are based on evidence and fair play.

    

     It is my belief that the Equality and Human Rights Commission

     should lobby for the closure of many beds in mental health trusts

     and instead provide excellent community care so that people may

     live in their own homes.

    

     Only in the most extreme circumstances should people be removed

     from their families against the will of the patients. This causes

     misery and I believe that this also constitutes a major Human

     Rights abuse which needs to be investigated in a national

     moratorium on Mental Health legislation in particular forced

     guardianship, forced adoption, forced separation from one's family,

     and removal of the rights which you as the Equality and Human

     Rights Commission are there to uphold the freedoms of people who

     are vulnerable - but vulnerable because they are hospitalised

     against their will.

    

     I hope that you will advise me what the Equality and Human Rights

     Commission has done to protect such vulnerable people.

    

     Thank you very much for addressing my FOI. Please may you respond

     to me via this website on whatdotheyknow website.

    

     Yours sincerely,

    

     [first name removed] [last name removed]

    

     -------------------------------------------------------------------

    

     Please use this email address for all replies to this request:

     [FOI #99412 email]

    

     Is [Equality and Human Rights Commission request email] the wrong address for Freedom of

     Information requests to Equality and Human Rights Commission? If

     so, please contact us using this form:

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

     

     -------------------------------------------------------------------

 

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
2. mailto:[FOI #99412 email]
3. mailto:[Equality and Human Rights Commission request email]

hide quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

6 January 2012

Dear Mr Piakus-Caruana,ECHR, Freedom of Information,

Thank you very much for responding with this reply above.

I telephoned the ECHR today and asked that you respond by email to
me to show me where the highlighting and bullet point is that you
will be answering as it does not come up in the grey box above.

I can just about make out a "." which I presume is the bullet
point, but that being the case are you now stating that this is the
SOLE part of the request that comes under FOIA?

http://www.safeguardingmatters.co.uk/201...

http://www.familylawweek.co.uk/site.aspx...

http://www.careandhealthlaw.com/Public/I...

http://www.parliament.uk/business/commit...

http://www.equalityhumanrights.com/uploa...

http://www.cloverleaf-advocacy.co.uk/def...

http://www.safeguardingmatters.co.uk/the...

I am making my requests which I actually believe are fully
encompassed under the FOIA rather than by any other means.

Clearly the ECHR has been quoted and the relevant legislation
extensively in the Courts not just in the UK but also in Europe.

Therefore I request an Internal Review of the parts you state will
NOT be covered by the Freedom of Information Act, whilst I look
forward to having your detailed response to the part of my FOIA
request that you state you will give me under FOIA.

As this is a complex request, I do believe it necessary to be
investigated by the Internal Review of the ECHR and therefore would
like to have your acknowledgement that this has been requested.

Thank you very much for your help

Yours sincerely

[first name removed] [last name removed]

[first name removed] [last name removed]

Link to this

From: Freedom of Information
Equality and Human Rights Commission

6 January 2012

Thank you for your email to the Equality Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

hide quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

6 January 2012

Dear Mr Priatkus Caruana, Freedom of Information,

Thank you very much for your email, highlighting the single part
that you will be giving me the response under FOIA.

I have asked for an Internal Review, as above, but look forward in
the meantime to receiving the data you have identified I will be
getting under FOIA.

Yours sincerely,

[first name removed] [last name removed]

Link to this

From: Freedom of Information
Equality and Human Rights Commission

6 January 2012

Thank you for your email to the Equality Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

hide quoted sections

Link to this

From: Freedom of Information
Equality and Human Rights Commission

10 January 2012


Attachment FOI612 last name removed 20120110 FinalResponseTimeLimits.doc
44K Download View as HTML


Dear Ms [last name removed]

 

Please find attached a partial response from the EHRC Helpline regarding
your questions on incident dates and sections 6 & 8 of the Human Rights
Act.

 

Yours sincerely

 

Markus Piscapore-Caruana

Corporate Communications Officer

 

Corporate Communications Team

Equality and Human Rights Commission

3rd Floor Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [1][Equality and Human Rights Commission request email]

 

Tel: 0845 604 6610

Fax: 0845 604 6630

Text Phone: 0845 604 6620

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
1. file:///tmp/[Equality and Human Rights Commission request email]

hide quoted sections

Link to this

Yvonne Pears. left an annotation (13 January 2012)

Quote-marks What they are telling you is not exactly true. You CAN take a case at a later date if you have evidence of a criminal offence. In December 2010 in the hours of darkness at 9-40pm, a team of 7 arrived at my home with a warrant to search for and remove patient, under sec 135(1) of the Mental Health Act. The team included a said Psychiatrist, an AMHP, a Doctor, a Bank Worker (whom was not yet qualified) and 3-Big-Burly Policemen. I had NEVER met any of these people before. I have NEVER had any mental health problems/treatment/or issues in my life. I had not seen a GP for years. It was fortunate for me that I had a witness at the time of the attempted kidnapping and intention of disappearance and possibly of murder.This was all done in secrecy and by a surprise attack. There was also an obligation to notify a family member, this was deliberately not done. They were going to also leave my property and personal possessions open to, RISK, including the possibility of Burglary, Fire, Damage and more. AND better still, I had just WON 5-months of Court Hearings in the Coventry Courts, where I had represented myself and a vulnerable person. I had Rights of Audience and ALL costs went against the other side. I had made it known to the Court that I was taking proceedings against the Court, to the High Court, for refusal of the Judge to comply with Law and the Human Rights Acts, inter alia (amongst other things). There was also a False Record of a stay in a Mental Hospital, placed covertly in my GP records. They have since had to admit that I have never been a patient in a mental hospital. The document has now been removed from my GP records, although I and others, still have copies of it. This comes under Organised Crime of the highest level. There has NEVER been a Lawful reason, under any circumstances for their attempts to covertly kidnap me. It has to be of the highest consideration that, due to the serious organised crime at the back of this, that I was to be permanently got rid of. A similar thing happened to my neighbour and others. We have noted that there is evidence to also support that they are targeting people whom live alone, who have a fair amount of assets within the value of their property. So I would advise people to put their property under a Common Law Trust.

Link to this

Yvonne Pears. left an annotation (13 January 2012)

Quote-marks Furthermore, (Re; my Annotation above) I am taking them to Court. At this time I am preparing the case. This is made widely known across the UK due to my safety having been compromised. I have also had to take protective measures, due to the massive organised crime. I have also made a Documentary Film as a back up, with a lot of detailed information. I am hearing about many other UK Citizens whom have been fraudulently targetted by Mental Health Workers by corrupt practices. I have to consider that a lot of people whom are incarcerated in mental health establishments may not be in any need of intervention. This is costing the public purse billions of pounds, while families whom cannot find work are suffering on reduced benefits and people whom are disabled are being refused services.

Link to this

From: Freedom of Information
Equality and Human Rights Commission

18 January 2012


Attachment FOI612 last name removed 20120118 FinalResponseFull.doc
60K Download View as HTML

Attachment Safety Net to Springboard.pdf
225K Download View as HTML

Attachment Not Just Another Statistic.pdf
712K Download View as HTML

Attachment Life in Wales for People with Mental Health Conditions.pdf
326K Download View as HTML

Attachment Hidden in Plain Sight.pdf
4.0M Download View as HTML

Attachment Hidden in Plain Sight Executive Summary.pdf
723K Download View as HTML


Dear Ms [last name removed]

 

Please find attached a final response to your recent FOI request to the
Equality and Human Rights Commission (EHRC). I have also attached the
relevant publications which are mentioned in our response.

 

Yours sincerely

 

Markus Piscapore-Caruana

Corporate Communications Officer

 

Corporate Communications Team

Equality and Human Rights Commission

3rd Floor Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [1][email address]

 

Textphone: 0161 819 7959

 

For information on the Disabled Staff Group (DSG) please use the following
link: [2]Disabled Staff Group

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
1. mailto:[email address]
2. http://gateway.ehrc.local/corporate/disa...

hide quoted sections

Link to this

Sheila Oliver (Account suspended) left an annotation (22 January 2012)

Quote-marks Hi

This is what is happening to a completely innocent chap in Stockport, who only wanted counselling for his troubled daughters adopted from Stockport Metropolitan Borough Council:-

http://www.whatdotheyknow.com/request/to...

I have about another four years of almost daily incarceration, arrests, suicide attempt, court cases, trying to have his house taken off him for council tax he didn't own to document yet.

LibDems did this - never trust them!

Kind regards

Sheila

Link to this

From: name removed 23 Oct 2012 (Account suspended)

12 February 2012

Dear Equality and Human Rights Commission,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Equality and Human
Rights Commission's handling of my FOI request 'People deprived of
their liberty'.

Although I am grateful for partial response to my Freedom of
Information Request, I believe that there is much more to be told
and given to me.

Two people have left annotations on this website under this FOI
REQUEST of "People deprived of their liberty".

What truly concerns me is the secrecy with which this is seeming to
take place.

I have only recently been made aware of an application by an ASW,
John Victor St.Claire, Social Worker and Manager of CMHT, whose
letter of application was considered by Bromley Magistrates Court
on 19 December 2007 in relation to requesting a Section 135[1]
Warrant.

To me this is extraordinary. How can I and my family go for nearly
4 YEARS totally OBLIVIOUS to what has been going on behind the
scenes?

Is it not the case that a Section 135[1] Warrant and Bromley
Magistrates Court an OPEN access court and public documentation?

Is it not the case that detention by these means is nothing less
than state-approved kidnap?

For if the person being detained has done nothing wrong, why is
this still being allowed to happen?

In your OFFICIAL CAPACITY as the EQUALITY AND HUMAN RIGHTS
COMMISSION, please inform me of what my rights are and those of my
family? We have been traumatised to be told that there were
"proceedings in 2007" and we exclaimed "What proceedings in 2007!?"
as NOBODY HAD INFORMED EITHER THE SUBJECT OF THE SECTION 135[1]
WARRANT APPLICATION NOR OF THE COURT PROCEEDINGS OF 19 DECEMBER
2007.

In these specific circumstances, what advice have you published or
available at EHRC to assist me and my family obtain justice?

Does the 12-month rule pertain as we have only just found out in
the last few weeks?

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/pe...

Yours sincerely,

[first name removed] [last name removed]

Campaigner for Liberty, Truth and Justice

Link to this

From: Freedom of Information
Equality and Human Rights Commission

12 February 2012

Thank you for your email to the Equality Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
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This paragraph does not apply to an individual who is assisted under
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Link to this

From: Freedom of Information
Equality and Human Rights Commission

16 February 2012


Attachment image003.jpg
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Attachment Internal review of Freedom of Information request People deprived of their liberty.txt
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[1]EHRC_logo_grey

SENT BY EMAIL

 

 

[first name removed] [last name removed]

 

Our Ref: FOI612R

 

 

16 February 2012

 

 

Dear Ms [last name removed],

 

Subject: Request for review of response to Freedom of Information request

 

Thank you for your email dated 12 February 2012 in which you request a
review of our response to your Freedom of Information request (‘People
deprived of their liberty’ - Ref FOI612).

 

In accordance with the Freedom of Information Act 2000 we will send you
our review response promptly and no later than 20 working days following
receipt of the request. 

 

We received your request for a review on Monday 13 February 2012. In this
instance, therefore, we will send you our review response as soon as
possible and by 12 March 2012 at the latest.

 

If you have any questions about this email, please contact us using the
details below.

 

Yours sincerely

 

Philippa Bullen

Corporate Communications Officer

 

Equality and Human Rights Commission

3rd Floor

Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [2][Equality and Human Rights Commission request email]

 

Tel: 0121 234 7325 / 7381

Fax: 0121 234 7312

Text Phone: 0845 604 6620

 

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
2. mailto:[Equality and Human Rights Commission request email]

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Link to this

From: Freedom of Information
Equality and Human Rights Commission

24 February 2012


Attachment Internal review of Freedom of Information request People deprived of their liberty.txt
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Attachment FOI612R last name removed 20120223 ResponseToReviewRequest.doc
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Dear Ms [last name removed]

 

Please find attached the response to your review request dated 12 February
2012.

 

Yours sincerely

 

Philippa Bullen

Corporate Communications Officer

 

Equality and Human Rights Commission

3rd Floor

Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [1][Equality and Human Rights Commission request email]

 

Tel: 0121 234 7381

Fax: 0121 234 7312

Text Phone: 0845 604 6620

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
1. mailto:[Equality and Human Rights Commission request email]

hide quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

25 February 2012

25 February 2012

Dear ECHR, Mr Turner MP for the Isle of Wight,

I wish to make it clear that I am NOT ALLEGING anything against
anyone - including the Social Worker John St.Claire's application
letter and the judge Tomlins, but that there does seem to be an
assumption of things in the letter of application which without
CONCRETE proofs might not be absolute proofs. And as such I am very
concerned about this particular case.

I am not saying ANYTHING AGAINST ANY PERSON - I am just asking for
what proofs there were.

Please pass this on.

Thank you so much.

I am ill with worry, stress and realise that I may have given an
impression of wrongdoing which I do not want to do - but I do want
to know the truth and how it was that we could go 4 YEARS without
being told.

That has destroyed me totally and I am now a psychiatric wreck and
loose cannon not knowing what I am writing any more.

Ruth Lerew of Oxleas is right when she says I am "obsessive
compulsive" because I feel that my whole family has been damaged
and there is no recovery from it. As such I feel my whole life is
pointless unless I can get the truth.

Yours sincerely,

[first name removed] [last name removed]

Campaigner for liberty, truth and justice

Link to this

From: Freedom of Information
Equality and Human Rights Commission

25 February 2012

Thank you for your email to the Equality Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

hide quoted sections

Link to this

From: Freedom of Information
Equality and Human Rights Commission

29 February 2012

Dear Ms [last name removed]

 

Thank you for your email dated 25 February 2012 and received by the
Commission on 28 February 2012. Your comments have been noted and saved to
your file (reference: FOI612R).

 

Yours sincerely

 

 

Philippa Bullen

Corporate Communications Officer

 

Equality and Human Rights Commission

3rd Floor

Lancaster House

67 Newhall Street

Birmingham

B3 1NA

 

Email: [1][Equality and Human Rights Commission request email]

 

Tel: 0121 234 7381

Fax: 0121 234 7312

Text Phone: 0845 604 6620

 

 

 

 

-----Original Message-----
From: [first name removed] [last name removed] [mailto:[FOI #99412 email]]
Sent: 25 February 2012 22:35
To: Freedom of Information
Subject: Re: Response to FOI review request - Reference: FOI612R

 

     25 February 2012

    

     Dear ECHR, Mr Turner MP for the Isle of Wight,

    

     I wish to make it clear that I am NOT ALLEGING anything against

     anyone - including the Social Worker John St.Claire's application

     letter and the judge Tomlins, but that there does seem to be an

     assumption of things in the letter of application which without

     CONCRETE proofs might not be absolute proofs. And as such I am very

     concerned about this particular case.

    

     I am not saying ANYTHING AGAINST ANY PERSON - I am just asking for

     what proofs there were.

    

     Please pass this on.

    

     Thank you so much.

    

     I am ill with worry, stress and realise that I may have given an

     impression of wrongdoing which I do not want to do - but I do want

     to know the truth and how it was that we could go 4 YEARS without

     being told.

    

     That has destroyed me totally and I am now a psychiatric wreck and

     loose cannon not knowing what I am writing any more.

    

     Ruth Lerew of Oxleas is right when she says I am "obsessive

     compulsive" because I feel that my whole family has been damaged

     and there is no recovery from it. As such I feel my whole life is

     pointless unless I can get the truth.

    

     Yours sincerely,

    

     [first name removed] [last name removed]

    

     Campaigner for liberty, truth and justice

    

     -----Original Message-----

    

     Dear Ms [last name removed]

    

      

    

     Please find attached the response to your review request dated 12

     February

     2012.

    

      

    

     Yours sincerely

    

      

    

     Philippa Bullen

    

     Corporate Communications Officer

    

      

    

     Equality and Human Rights Commission

    

     3rd Floor

    

     Lancaster House

    

     67 Newhall Street

    

     Birmingham

    

     B3 1NA

    

      

    

     Email: [1][Equality and Human Rights Commission request email]

    

      

    

     Tel: 0121 234 7381

    

     Fax: 0121 234 7312

    

     Text Phone: 0845 604 6620

    

      

    

     -------------------------------------------------------------------

     Please use this email address for all replies to this request:

     [FOI #99412 email]

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     http://www.whatdotheyknow.com/help/offic...

    

     If you find this service useful as an FOI officer, please ask your

     web manager to link to us from your organisation's FOI page.

    

     -------------------------------------------------------------------

 

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

References

Visible links
1. mailto:[Equality and Human Rights Commission request email]

hide quoted sections

Link to this

From: name removed 23 Oct 2012 (Account suspended)

25 March 2012

25 March 2012

Dear Ms Allen EHRC, Mr Turner MP for the Isle of Wight, Mr Grieve,
QC, Attorney General, Mr Clarke Lord Chancellor Secretary of State
for Justice, Mr Lansley Secretary of State for Health, Lord Howe
Parliamentary Under-Secretary to the Department of Health,

I am very thankful to Ms Allen for her Review -Ref FOI612R - of my
Freedom of Information Request and for acknowledging and answering
my questions.

"We note that when responding to your email of 5 January 2012 a
distinction was made between:

a) your request for information which may be held by the Commission
i.e. What the Equality and Human Rights Commission has done to
protect such vulnerable people,

and

b) your questions and comments regarding the time frame for making
a complaint and Articles 6 and 8 respectively.

The former was handled under our Freedom of Information Act
procedures and the latter was passed to our Helpline to provide
advice and guidance.

Having reviewed the details of your requests and the responses you
received, we consider that your question regarding ‘safeguards’ was
regrettably overlooked. Additionally, your question about
pinpointing the ‘incident’ of abuse received only a partial
response. To remedy this we have detailed these questions below and
provided our responses:

Question 1
“If a patient is detained under the Mental Health Act 1983/2007,
what safeguards are maintained by the Equality and Human Rights
Commission to ensure that not only are Deprivation of Liberty
Safeguards in place, but also that patients are entitled to take
part in their own care planning and not be locked away for months
or years on end without ever being allowed to be able to live in
their own home with their family?”

Answer
The Equality and Human Rights Commission (the Commission) has no
direct responsibility or involvement in the operation of the Mental
Health Act and therefore does not maintain safeguards. The relevant
safeguards, such as the right to a review by the Court / Tribunal
are set out in the Acts themselves or in the Deprivation of Liberty
safeguards.

The Commission has intervened in existing legal proceedings to
clarify the human rights law in this area but does not have any
power to act on behalf of individuals or provide legal
representation.

Question 2
“I was informed by the Equality and Human Rights Commission that
the time is a year from that time. What happens if there are
several instances? Does it have to be from just the time of the
first, which might or might not be abuse, but merely a
misunderstanding, but if there is a series of incidents,
collectively it might become an "abuse" which materialises over
time, and it is difficult to pinpoint any one instance but together
becomes an abuse?”

Answer
We recommend that you seek legal advice about the time limit from a
lawyer based on the particular facts of this matter as there is no
general rule of thumb that can be applied. The time limit for any
proceedings depends on the type of proceedings being taken and the
court involved. Where there is a continuous course of action this
can affect the date from which the time limit commences to run but
specific legal advice on the circumstances would be required.

Further questions asked in your review request

In your email dated 12 February 2012, in which you requested a
review, you have asked a number of additional questions. We have
understood these to be requests for information you believe the
Commission holds which were not disclosed in our response to your
Freedom of Information request. We have therefore responded to each
of these questions below:

Review Questions 1- 4

1. Is it lawful to request a Section 135 [1] warrant without the
individual’s or their family’s knowledge? (This is our
understanding of the essence of paragraphs six and seven).

2. “Does the 12-month rule pertain as we have only just found out
in the last few weeks?”

3. “Is it not the case that a Section 135 [1] Warrant and Bromley
Magistrates Court an OPEN access court and public documentation?”

4. “In your OFFICIAL CAPACITY as the EQUALITY AND HUMAN RIGHTS
COMMISSION, please inform me of what my rights are and those of my
family? (We understand this question to be in relation to a Section
135 [1] Warrant being requested without your or your family’s
knowledge)”

Answer to Review Questions 1- 4
The Commission does not have lawyers who are suitably qualified to
give advice on mental health law. We would therefore suggest that
you seek advice from a specialist mental health lawyer.

You can find a Lexcel accredited solicitor who specialises in
mental health law, by using the searchable database on the Law
Society website.

Review Question 5

5. “In these specific circumstances, what advice have you published
or available at EHRC to assist me and my family obtain justice?”
(We understand this question to be in relation to a Section 135 [1]
Warrant being requested without your or your family’s knowledge)

We have searched our records and cannot locate any information that
would assist you in obtaining justice in respect to a Section 135
[1] Warrant being requested without you or your family’s
knowledge."

Thank you very much indeed.

Yours sincerely,

[first name removed] [last name removed]

Campaigner for legal reform, liberty, truth and justice

Link to this

From: Freedom of Information
Equality and Human Rights Commission

25 March 2012

Thank you for your email to the Equality and Human Rights Commission, this
return email shows that we have received your correspondence.

 

The appropriate department will contact you within the next 5 working
days.

 

--------------------------------------------------------------------------

The Commission has launched the findings of its Inquiry into human rights
and the care received by older people in their homes. The report and more
information, can be found at
http://www.equalityhumanrights.com/legal...

Our vision
A society built on fairness and respect. People confident in all aspects
of their diversity.

Legal disclaimer
This email has been originated in the Equality and Human Rights
Commission, which is an information and guidance service and not a legal
advice service. If you require legal advice, please contact a solicitor.
This paragraph does not apply to an individual who is assisted under
section 28 Equality Act 2006. This email message, including any
attachments, is from the Equality and Human Rights Commission and is
intended for the addressee only. It may contain information that is
privileged and confidential. If you are not the intended recipient, you
must not copy, distribute or take any action in reliance of it.

Security warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

If this email message has been sent to you in error, please notify us
immediately by replying to this email. The Equality and Human Rights
Commission accepts no responsibility for any changes made to this message
after it has been sent by the original author. This email or any of its
attachments may contain data that falls within the scope of the Data
Protection Acts. You must ensure that any handling or processing of such
data by you is fully compliant with the requirements of the Data
Protection Act 1984 and 1998.

The Equality and Human Rights Commission was established by the Equality
Act 2006 as the Commission for Equality and Human Rights.

hide quoted sections

Link to this

J Wilson left an annotation (23 April 2013)

Quote-marks The Equality and Human Rights Commission says that "The Commission does not have lawyers who are suitably qualified to give advice on mental health law. We would therefore suggest that you seek advice from a specialist mental health lawyer.".

This is typical of any Government Department, however they ought to be aware of the 'Paris Principles' which are meant to apply to Commissions such as theirs. Two of those are to -"(a) To act as a source of human rights information for the Government and people of the country;
(b) To assist in educating public opinion and promoting awareness and respect for human rights;", which they're clearly not doing under the Freedom of Information Act because they seem to be hiding behind it instead.

They should also be aware of UN Resolution 53/144 which gave everyone the right to know how their State has protected every individual's human rights in its domestic laws since 1998. But they are obviously ignoring that too. Perhaps you should ask if they're aware of Sections 6 & 10 thereof and how their answers are compatible with those.

These are also clearly Human Rights issues and no time limit is justifiable on them at all.

Please support this campaign at -http://you.38degrees.org.uk/p/bill-of-ri... and maybe we'll see what the Supreme Court has to say for itself and the State it clearly protects.

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