Making and using
visual and audio
recordings of patients
The above link may be of interest to those who like myself am not happy at hearing from Elizabeth that her thoughts and wishes have been ignored as regards being filmed. LPFT have assessed Elizabeth as having no capacity in capacity assessments that are highly contested, just like the MRI scans they did (United Lincolnshire Hospital Trust that came out normal) under their 1.5 Tesla Scanner that failed to pick up on details shown in the private scans I had done by S G Radiology. The Neurology department suggested the filming by the MH team but after all these years and neglect for the past 2.5 years under Lincolnshire I now want proper assessments on a properly equipped Neurological Ward carried out, particularly since Elizabeth is suffering from life threatening fits that end with her being rapidly tranquilised on every occasion. I have also questioned why it is necessary to inject her every time following a fit. Is this what is done for everyone that has epilepsy? What I would like to see is that she is sent to Sheffield not just for the Tesla 3 MRI scans but under THEIR observation for at least a week to undergo extensive tests. I am going to suggest this to my MP as I have not yet had a reply by the Neurology department I have just written to. I am far from happy at the filming as the MH do not have correct monitoring equipment, unlike a specialist neurological ward would in Sheffield. I also would like the cancer scans re-done, having seen an article where a woman died because nothing was picked up under a Tesla 1.5 scanner. I have been asking over and over again for Elizabeth to be referred to an Endocrinologist as again, I have proven by way of private tests there is Endocrine dysfunction. I have suggested patch tests which I explain later in this blog.
On the subject of filming patients there is disturbing technology to do this which is very controversial and I am not in favour of this as it infringes on a patient’s privacy. Elizabeth clearly said no to filming by the MH team and this was not respected by LPFT. She has capacity to decide. The disturbing technology to film patients is provided by https://www.oxehealth.com/ – It should be up to the patient to decide surely on whether this is OK with them. Not everyone will be in favour of such technology being used but once again unfortunately if someone like Elizabeth is deemed not to have capacity and everything decided upon as Best Interest once again a vulnerable person’s human rights are being abused. I believe only as a last resort should the new technology be used.
Turning to Mental Capacity and the flawed assessments – I totally dispute the these three capacity assessments done for Elizabeth to try to coerce her into my displacement as the nearest relative but Elizabeth did not wish to engage and said things like “no comment” – “it is nice weather today” and “my mother is the nearest relative”. For anyone also questioning their son’s/daughter’s capacity, a very good book to read is none other than what the Trusts’ currently use as their Guidance, especially when it would appear that Trusts and councils are abusing their powers in a dishonest manner. That Guidance comes in the form of “Demystifying Mental Capaity Guide for Health and Social Care Professionals which I have just ordered a copy of. What is so very wrong is that some Trusts, when carrying out capacity assessments deliberately to exclude everyone, especially mothers who happen to be the nearest relative who should have been invited to the capacity assessment and not excluded. I am now a BI assessor myself so I know that things have been done wrongly. Elizabeth’s Neurologist should also have been included. Details of these facts are contained in this guide which I intend to read indepth.
Demystifying Mental Capacity: A guide for health and …
Amazon UKhttps://www.amazon.co.uk › Demystifying-Mental-Cap…
Keith Brown. Editor. Demystifying Mental Capacity: A guide for health and social care professionals (Post-Qualifying Social Work Practice Series). First …
Rating: 4.1 · 7 reviews · £26.99 · In stock
I am Professor Keith Brown, the Founding Director of The National Centre for Post-Qualifying Social Work and Professional Practice at Bournemouth University (NCPQSW). Currently I am an Emeritus Professor at Bournemouth University
The National Centre for Post Qualifying Social Work was awarded the Chartered Institute for Personnel and Development prize for the Best Example of a Continuous Professional Development programme in the UK. In 2010, the Centre was winner of the National Training Award for the Best Provider of Education/Training in the UK. In 2017, we received the first ever Chartered Trading Standards Institute (CTSI) ‘Institutional Hero Award’ for service and research into preventing financial scams. In 2020 the social work department at Bournemouth University was the Number 1 department in the Guardian League Table for the UK.
I have been a recipient of the Linda Ammon Memorial Prize, which was awarded to the individual making the greatest contribution to Learning and Education in the UK, by the former department of education and science.
Currently I am the Chair of the NHS Safeguarding Adults National Network and a member of the National Mental Capacity Leadership Forum. I am also the chair of the Worcestershire and West of Berkshire Safeguarding Adults Boards
I am the series editor for the Sage post qualifying social work series and have published over 35 texts in the social work field
I continue to work with the National Trading Standards Scams Team in the area of fraud research and development and I am a member of the Financial Vulnerability Taskforce
I am the series editor for the Sage/Learning Matters ‘Post-Qualifying Social Work’ series of text books, which has sales of over 75,000 copies in the past 5 years. I have written over 35 text books and published numerous research reports in the field of Social Work. I regularly speak at national and international conferences and am currently leading the national research into financial scamming on behalf of The National Scams team and CTSI. We are working together to not only reduce the risk of financial scamming but to raise awareness to organisations and the public so that they too can join the fight against scamming.
Perhaps he can be invited to LPFT to speak in light of their flawed capacity assessments. I have today tried to contact Professor Keith Brown as I am keen to discuss further the 3 flawed capacity assessments with such a renowned leading expert. Just like human rights being ignored, I am astonished at the lack of knowledge under Lincolnshire Partnership Trust and feel that wrong capacity assessments could also affect all the patients, not just Elizabeth. The book above is the Guidance that the Professionals concerned with assessing capacity should be using in any case and I will advice Lincolnshire County Council too of this fact. Anyway as a BI assessor myself I cannot possibly accept Elizabeth’s capacity assessments for two reasons:
- In the context of mental capacity, causative nexus looks at whether an individual’s mental incapacity was a direct and significant cause for a particular action or decision. The aim is to determine whether the mental incapacity had a material influence on the outcome in question. Once you have identified an impairment or disturbance in the functioning of the mind or brain, it is important to decide whether the inability to make the decision is because of this impairment. This is known as the “causative nexus” (PC and NC v City of York Council [2013] EWCA Civ 478).
2.Mental Capacity Act 2005 :
(Section 4): Requires that patient to be regarded as having capacity until evidence ascertained as to how that capacity is impaired.
(Section 4) (1) (a) and (b): “The Prohibited Step” Decision maker should not draw conclusion on capacity from patient’s age, appearance or on a condition of his/hers or an aspect of behaviour which might lead others to make unjustified assumptions on what might be in his/her best interests.
(Section 4) (2): Decision maker should try to identify all issues most relevant to the individual relating to particular decision (para 3, Main Code of Practice).
(Section D): inconsistencies of witness statements on capacity. Capacity assessments not conducted as required by S1 MCA 2005
Masterman-Lister v Brutton & Co [2003] 1WLR 151
“a party to legal proceedings is capable of understanding, with the assistance of such proper explanation (in broad terms and simple language) from legal advisers and other experts as the case may require, the matters on which their consent or decision was likely to be necessary in the course of those proceedings.”
The flawed capacity assessments all three of them (2 done by doctors, another by a social worker) were simply done to get rid of me as Nearest Relative but not just that, but to take complete control of everything, taking away Elizabeth’s autonomy and I do not like that one bit. I am having no other choice but to challenge all this right now and everyone should be aware of this which is why I am sharing all this information as it is important that vulnerable people and their families are treated with the utmost integrity and fairly which is surely what the MCA and MHA was intended for but unfortunately, some professionals are abusing this. Therefore everyone should look into matters thoroughly as regards capacity as I have done and get a copy of the wonderful guidance by Professor Keith Brown to show to their Trusts and Councils who will not be able to argue with their own guidance they are supposed to follow.
EASTER WITHOUT ELIZABETH:
Easter was once a joyous occasion, just like Xmas in the past but not any more thanks to Lincolnshire Partnership Trust who have stolen Elizabeth holding her a virtual prisoner without leave. I therefore cannot celebrate any of these occasions any more and even feel guilty going out places. I constantly think of Elizabeth held a virtual prisoner on a never ending section and deprived of a life of her own in what is supposed to be “appropriate care”. It is NOT appropriate as she is going downhill through lack of exercise and fresh air and contact with her family especially with the uncertainty of what will happen to her and threat of being sent a very long distance away from home and family to for example W Sussex and Yorkshire. I have written to Mr John Turner of the ICB about this.
I did not visit Elizabeth over Easter. I had hoped that others in the family would as I knew they were being treated differently to myself. Elizabeth’s Sister had asked to take her out to the Carlton Centre where Elizabeth thoroughly enjoyed herself during the only bit of leave ever given under Dr Waqqas Khokhar before be banned all leave and visits and imposed restrictions on phone calls which are still ongoing because you cannot just get through and this is affecting the entire family and a contract is paid on the mobile phone by the family. Elizabeth’s request to take her sister out was refused.
Elizabeth’s sister was disappointed she could not take her to the Carlton Centre which is just around the corner from the hospital. Elizabeth sister was staying with me over Easter but it was not a family occasion without Elizabeth. It is the ultimate punishment to take her away and imprison her, when it is entirely unnecessary. Plus she has a home of her own now which I provided.
LPFT should have carried out an impact assessment on myself, Elizabeth and copy given to the Nearest Relative, her sister who was found to be more suitable under NHS Guidelines but nothing was ever done about this.
Elizabeth was not well when her sister visited and it was described to me her appearance which was not good and the fact that she could barely keep her eyes open. She has started to miss meals again and will not leave her room just like at Ash Villa. They do not seem to understand she hates noise, she cant stand bright lights and does not like crowds either. The alarms are constantly going off on the ward and this is supposed to be “appropriate” care. It is most certainly not the appropriate environment to get well but I think they are deliberately letting her go downhill physically and mentally so she becomes a ‘vegetable’ because they want to put her into a care home out of area under DoLs for the rest of her life, restricting contact forever to her family for convenience purposes because the ICB is doing nothing about providing anything at all in the local community – not that they would have to provide much. She has a lovely home – a bungalow and where it would be much cheaper and she could make a recovery in the correct environment. It is not my local area (voted one of the best nationwide to live in) that is the problem it is LINCOLNSHIRE PARTNERSHIP TRUST AND THE ICB AND LINCOLNSHIRE COUNTY COUNCIL. It was never my intention to not want to work with professionals but it is the professionals who have behaved in such a way that they have abused the law and human rights. There is no accountability as the Executives on the Board have conflicts of interest that extend to the CQC.
I later found out that the reason Elizabeth was so tired was because she had been injected following an episode on the ward yet again. I dont know why staff feel the need to inject her after ‘an episode’ as I see this as being totally unnecessary and Elizabeth has said this is not what she wants.
My visit to see Elizabeth took place Wednesday. Elizabeth said she had missed my visit over the past week and that it was a long time since she saw me but I told her that I thought it would be nice for her to see her sister alone and had hoped that she could take her out as the punishment is not extended to other family members, just me.
I usually get a list of things that Elizabeth wants me to bring her. I had a dentist appointment that day so fitted in shopping in the Sleaford area before driving to Lincoln.
Elizabeth has started to scratch and rub her face like once before. This she was not doing before we moved to this area. I assume she does this out of sheer stress and she told me that Dr Khokhar was trying to encourage her to come out of her room but she did not want to and explained her reasons. I then turned to the young HCA making notes. I mentioned that it was very bad that Elizabeth had no breakfast, no lunch and that this problem was reoccurring. All I heard was that she had tried to encourage her to get up for meals. It would appear frequent injections are being given which I feel is the reason she cannot get up for any meals and just stays isolating in her room just like at Ash Villa to avoid people, noise, bright lights. I notified Adults Safeguarding again out of concern. It is after all risky for her to miss meals which makes her susceptible to infection, strain on her heart and liver when she restarts eating. Monocytes responsible for fighting off infectious pathogens retreat back into bone marrow if too many meals are missed. Just like the lack of oxygen during sleep this will combine to make her ill. Monocytes protect against cancer and heart disease by stopping pathogens getting access to the heart. When I asked if they put aside meals that she missed to re-heat I was told this was not done.
I have just written the following emails about this and included the CEO of the Integrated Care Board, John Turner.
It is a bad the way Lincolnshire Partnership Trust cancelled all physical health tests upon moving as being unnecessary, despite the discharge note pointing to “abnormal findings on scans”. It is even worse that they have also refused Endocrinology referrals as the skin irritation and sebaceous cyst reveal there could be Endocrine problems and besides I already proved this in private tests years ago.
Dermatologic manifestations of endocrine disorders – PMC
National Institutes of Health (NIH) (.gov)
https://www.ncbi.nlm.nih.gov › articles › PMC5682371
by M Lause · 2017 · Cited by 160 — The first diagnostic step includes measurement of serum thyroid-stimulating hormone (TSH) and free thyroxine (FT4). If laboratory
I am going to write to my MP Victoria Atkins about this and also no sign of the Sheffield appointment – I feel this should be at least a week on a Neurological ward and also to carry out Endocrinology tests – all could be done at Sheffield who have the up to date scanners and equipment, unlike Lincolnshire. I have heard of some patch tests that can be done as I am concerned regarding the state of Elizabeth’s face which in parts is red raw due to scratching. There is obviously either allergy or related to the Endocrine system just as the sebaceous cyst and I am keen now for her to see an Endocrinologist – how many times do I have to request for this referral. I cannot even trust the cancer tests done last year as they do not have the right scanners.
Anyway I am now going to see what is going on by contacting Sheffield.
Royal Hallamshire Hospital
Endocrinology and Metabolic Medicine
0114 226 8680
I wrote to my MP only yesterday but definitely more than just the scans are required here in light of the neglect of essential appointments over the past 2.5 years.
I will let you all know how I get on with this.
