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Who is the Court of Protection really protecting?

They say you judge a nation by the way it looks after its elderly and vulnerable population. So who can defend this very disturbing report in today’s Mail on Sunday which claims that the Court of Protection is seizing the assets of thousands of elderly and mentally impaired people and turning control of their lives over to the State – against the wishes of their relatives.

The Court of Protection was set up two years ago to act in the interests of people image suffering from Alzheimer’s or other mental incapacity. It takes over control of people’s finances, which means appointed “deputies” must get authorisation to pay expenses such as rent and household bills on their behalf. It is intended to represent those who have not made a lasting power of attorney at a time when they had full mental capacity, appointing someone to help them if they should become unable to handle their own financial affairs.

The system has been a nightmare experience for many families, with the court hearing about 23,000 cases a year and so far taken control of more than £3.2billion of assets. It has also resulted in a staggering 3,000 complaints, including allegations that officials failed to consult relatives, imposed huge fees and even ‘raided’ elderly people’s homes searching for documents.

This report is very worrying, particularly as dementia and Alzheimer’s is predicted to soar in future years, resulting in even more vulnerable people and their carers facing turmoil and financial loss. It demonstrates how important it is to plan for our future. In fact, a friend my age has appointed me as her lasting power of attorney, as has my mother, and although I have made a will, this is not something I have yet considered. Perhaps I should.

Here are some of the worrying cases highlighted in the Mail’s report:

Children’s author Heather Bateman (pictured) was forced to get permission from the court to use family funds after an accident left her journalist husband Michael in a coma.

In a moving account of her family’s ordeal in Saga magazine, she wrote: ‘Michael and I were two independent working people. We had been married for 28 years. We had written our wills, both our names were on the deeds of the house we shared in London and the Norfolk cottage we had renovated over the years.

‘We had separate bank accounts and most of the bills were paid from Michael’s account. Now, to continue living in the way we always had done, I needed to access the money in his account.

‘The Court of Protection brought me almost as much anger, grief and frustration into my life as the accident itself. [It is] an alien, intrusive, time-consuming and costly institution, which was completely out of tune with what we were going through. It ruled my waking moments and my many sleepless nights.’

Mrs Bateman even had to apply to the court for permission to pay the couple’s daughter’s university fees.

She added: ‘I could write as many cheques as necessary up to £500. But if I needed to access more I had to get permission from the court.’

And:

The Mail also describes how an internet support group, Court of Protection Problems, reveals other struggles with the system.

One recent posting by ‘gillm1’, whose mother suffers dementia, said: ‘They are causing me so much stress and worry and I feel I am being treated like a criminal. Their letters are bullying and threatening and they completely ignore everything I say.

‘I have grown to hate them! They took years to process my application and I object strongly to the extortionate fees they are demanding.’

Another writes:

"’They have upped my supervision level without taking any notice of my appeal – therefore costing my mum yet another £800 per year. It’s nothing short of robbery.

‘All I want is to be left alone to pay my mum’s bills and to safeguard as much of her money as I can, but these people are constantly demanding high fees for their "services" which, as far as I can see, consist of harassing people and little else!’

The huge number of complaints surely demonstrate that this system is not working and needs to be urgently reviewed. This is a devastating time for families without having to suffer additional trauma like this. The court is simply forcing an additional stealth tax on the vulnerable.

One of the comments posted on the Mail’s website summed up the concerns of many:

Having now read the full story I am utterly disgusted with this Government. My husband and I are now going to make arrangements for a full Power of Attorney so they can’t touch what little money I have. I want something left for my children and I don’t intend for it to be TAKEN by this Government or any future Government.


37 Comments

  1. I Salter

    Dear Ellee
    My name istalter
    I am a victim, who helped, if the NHS didn’t had time.
    My old partner Kathleen loved me, I did to her the best. We made power of attorney and last will. The Public Guardian/NHS realised They can tidy up me. They separated us with force! They do with us, what They want. They want find me guilty, so take away the Power of Attorney and control my partner’s money. My partner’s health condition become worst in the care home, because They are not able to do her personal needs, what I gave to her. My partner want my care again. They puled me out from the flat, I am on the road.
    Nobody help. They damaging my disabled partner’s right.

    please help us.
    Thanks for your time
    Regards istalter
    location Richmond Surrey

  2. Getting Lasting Power of Attorney won’t help. The court readily freezes or revokes them.
    Mum’s only protection was to commit suicide – which is what she did.
    https://abuseofaudreypaley.wordpress.com/the-abuse

  3. The Public Guardian Office is corrupt! It’s a ticking timebomb. We’ve been dealing with them 10 years and I personally feel my life has drained away at their expense. http://www.opg.me
    We moved away to Spain but could not get monies released properly and though we are still in Spain the euro was near parity to the pound 1euro 1 pound but when we went to Spain there were 1.5 euros to the pound and because they would not put mums money into euros she lost 80,000 euros in value.
    http://www.publicguardian.me
    Me the carer had to claim state benefits instead of being paid from the damages awarded to my mother, why? ITS NOTHING SHORT OF A UK MESS.

  4. I have just been sent this press release:

    Contact: Jean James
    Phone: 1-604-581-0523
    Fax: 1-604-648-8141
    E-mail:jean@jeanjames.ca

    FOR IMMEDIATE RELEASE
    4 P.M. PST, October 4, 2010
    NORTH AMERICAN BLOGGER REVEALS FRAUD ENABLEMENT LOOPHOLES IN UK OFFICE OF PUBLIC GUARDIAN AND UK COURT OF PROTECTION

    BRITISH COLUMBIA, CANADA, OCTOBER 4, 2010: On October 3, 2010 a Google blogger from Canada posted a politically sensitive letter online. The letter was sent to David Cameron, UK Prime Minister, and the UK Secretary of State and Minister of Justice, Kenneth Clarke. It publicly reveals the lack of risk management procedures at the Office of the Public Guardian (OPG) and the Court of Protection (COP). These two governmental departments are charged with the protection of the most vulnerable people in society – the elderly, the mentally ill, and children.

    The letter includes references to a named judge in the Family Courts, the Public Guardian, the Master of the Court of Protection, and the President of the Family Courts, none of whom, the blogger alleges, practised, nor do they currently practise, “due diligence” in averting fraud or potential fraud upon the unsuspecting British public – all facilitated through the Office of the Public Guardian, the Court of Protection, and/or the Family Courts.

    This comes on the heels of a Report of the Ad Hoc Court of Protection Rules Committee, which committee included Martin John, Public Guardian, and Judge Denzil Lush, now Senior Judge at the Court of Protection. The report was released in June 2010 and appears to indicate a reluctance on the part of the Ad Hoc Committee to close up these fraud enablement loopholes. The blogger also suggests that the committee members should have comprised persons without investment or personal interest in the Court of Protection rules.

    Further, the blogger suggests that there is a purpose, or ulterior motive, behind this reluctance to change.

    The report can be viewed online at http://www.judiciary.gov.uk/NR/rdonlyres/35347F04-7A4F-4A00-8DF9-A0C240A1F3E8/0/committeereportcourtprotection29072010.pdf

    Also posted online is a letter to Judge Denzil Lush who, at the date of the letter, was Master of the Court of Protection and is considered an expert on Public Guardianship law, writing books and speaking as a keynote speaker around the world, and who is now Senior Judge in the Court of Protection. A copy of the letter was sent to Sir Mark Potter who, at the time, was President of the Family Courts.

    The letter reveals loopholes in the British legal system which could enable fraud on a massive national scale. The blogger intimates that concerns were expressed to the Ministry of Justice and other high places in government, but ignored, and that there is supportive documentation. Allegations of human rights violations are made in the letters, and the blogspot already is getting hits from around the world. The concerns expressed are potentially of interest to Public Guardians and the general public worldwide.
    The letters can be viewed online at http://anajinn.blogspot.com/2010/10/letter-to-british-prime-minister-and.html

    • Dear Jean James,
      Thank you for your notice of the most recent committee improper actions or perhaps omissions to act, by Denzil Lush and other senior judges at the Court of Protection (COP).
      We have just had just over £80,000 stolen from our family by the Court of Protection and its associate solicitors.
      The Court and its “helpers” have continued to steel money from our family in a complex network of theft initiatives, involving at least two district judges (Molle and Bazley White – who failed to accept evidence against the unprofessional solicitors and who failed to allow us due diligence as we tried to challenge the wrongs that were being bulldozed through – using secret courts.
      We fought these scoundrels in the early stages of their attempts to split the family and push the younger family families to one side – as they “took over the running of my mothers’ affairs” – who was eventually mentally incapable, but then they tried to take over my fathers’ affairs too – even though there was nothing incapable able his brain! Their excuse was that their procedures allowed them to take over the running of the affairs of a partner – if the previous partner who subsequently died, had been under the COP! Regardless of whether that person was mentally capable or not!!!

      This COP and the equally outrageously “sit on the fence and do as the COP says, Land Registry” decided not to register a perfectly legal and sound transfer of a property to a grandchild- made one year before the social services, courts and solicitors got themselves involved. The authorities continued to work hard to combat all the wishes of the elderly couple, thus allowing the way forward for the COP & its solicitors to eventually steel well over £100,000-00 from our family purse.
      We notice that in the last two weeks they did the same to another man near Bristol – taking at least £37,000 from a forced house sale & brutal eviction of this man from his grandmothers’ property. I didn’t want to be physically thrown out like he was, so we were forced to cave in in the end. But to our dying days, we shall campaign to force the COP and its system of unprofessional lawyers to be held to account.

      We ask for help so that organised crime of this scale is stopped by more professional solicitors & concerned MPs. And that politicians force the justices to flush out their corrupt judges from their ranks please.
      Although corruption is always going to be present in any society – we still need to fight it when it ruins the lives of so many families. It’s not about the money. It’s all about the sheer scale of injustice, state theft and unwanted state intervention in family matters. COP and Land Registry lawyers – I say that you should be ashamed of what you have created and what you have allowed to come to pass.
      It seems that FACT has a growing body of similarly affected people, so perhaps we can continue to demonstrate against what is going on & channel views through FACT as well as this current web site?

      • Diane Evans

        I would really like to talk to you about a District Judge. We have had to pay £4,500 in costs for trying to protect our fathers money . I was an Executor of my fathers EPA – no longer thanks to this judge. The judge retired on 30th June 2012 – just as we made an official complaint against him! How odd! I want justice for my father but cannot afford to appeal – I would like to know who else has had problems with this Judge – it is too late for him to face diciplinary charges – how convienient! The COP have yet to reply to my official complaint about their part in our fiasco – despite 2 phone calls and promises that it is being looked into. Our court case was 10th May 2012 – how long do this terrible organisation have to continue to wreck peoples lives! Justice – what a joke!

        • gillie Hamshere

          thw COP have sto;len £250,000 of my Mother in laws money what judge

  5. heard enough of Wills being changed against patients wishes, fraud on properties and deeds, money stolen from peoples estate, families being divided, families being restricted from seeing their family members who rely on these visits to cheer them up, patients power of attorneys changed, deputies put despite not being the patients or family members wishes, patients dying prematurely because of all this stress, life support machines switched off to early, patients being given the wrong medication to make them die early and the deputy (not the patients or families wishes) taking over the estate, a woman only 29 years old having her children taken away because she just has a low IQ and dragged out of her home and sedated with an injection to prevent her being getting pregnant again, woman being sterilized and ordered to have abortions, families being made homeless and even cases against them being brought against them which is nonsense, wrong allegations made against family members to steer into the patients money. ENOUGH IS ENOUGH I THINK! TIME TO RAID THIS CORRUPT COURT NOW!!!!!!!!!!!!!!!!! CLOSE IT DOWN NOW!!!!!!!! DISGUSTING and a DISGRACE. ABSOLUTE DISGRACE.

    • My daughter won a medical negligence case last year, the COP are involved but i have to
      beg for anything that she needs..and more often than not i dont it..to me it is disgusting
      after batteling the case for 14 years not having a normal life..I have looked after my beautiful daughter on my own and thats my choice..but in the end got persucuted for that fact,
      she is a very sensitive emotional child so I did not want carers. but in doing that the money
      won was not has much has it should have been..but now life is worse, we have a case manager
      who we dont really need but is being paid for out of my daughters compensation..but the
      things she really needs they wont release money for which I think is totaly out of order I
      am now trying to get the COP to release money to us to make a fresh start..but there not
      doing..at the moment we are living in a house from hell..they are supposed to be looking
      after my daughter, I am a single parent and if I could afford to I would take her to a new place tomorrow but I cant I just have to wait and in the end I know they are going to say no.

      I really think the Court of Protection should be looked into its not fair for vunrable
      people to be used in this way.

      • My son won his negligence case nearly five years ago and reading your complaint has bought home that it isn’t just me that feels this way having to beg for his needs and proving where money has been spent . We battled for over 12yrs to win his case and believe me all through that time he was given nothing and we saw no one now i have had a visit from pgo who wanted to know what we spent money on and proof i was devasted that they were doing this. to me they were basically calling me a liar in my sons compansation i was award a lump sum for my loss and costs and when this vistor came with all these questions i did ask her if they feel that i am doing something wrong then could they please release my monies as it was never given to me it was put into courts fund office this was all in july this year and up until today heard nothing about there accussations or my lump sum payment . what i have recieved today is a letter stating that they have decided that i am now a type 2a deputy not 2 and would like accounts filled in within 14days i really am sick and tired of these STALKERS . I would like to know what they do for me for there annual fee they take every year. There has to be somewhere as parents we can go to get these accusations stopped as i now know its there protocol to make you feel like a beggar .

    • I AGREE AND I THINK THAT WE ALL SHOULD GET TOGETHER AND MAKE A PETETION AND TAKE IT TO DOWNING ST FOR THEM TO CLOSE THIS STUPID COP
      AS IT IS NOTHING BUT A THEFT FROM FAMILY MEMBERS.
      I AM BANNED FROM SEEING MY MOTHER BECAUSE SOCIAL SERVICES TOLD A PACK OF LIES TO COP ABOUT ME. THIS AFFECTS MY MOTHER’S HEALTH.
      LETS ALL ARRANGE FOR A PETITION ON LINE NOW.
      JAY

      • gillie hamshere

        how can we do this we have lst £250,000 because of the COP and will lose my Mothers hosue

  6. This court is definitely corrupt. I believe it is organized crime and social engineering. Mainly it is all about stealing people’s money and laundering it through solicitors.

  7. I am the wife of a head injured man after a road traffic accident,as his litigation friend I pursued a personal injury claim,this claim was settled,after he and our children put up with carers, case managers etc. for years unasked for but at the behest of the lawyer we accepted and again at the behest of the lawyer accepted a receiver be appointed – someone from his own company “but could change once the case was settled”. we can’t get rid of her
    we feel that we have been sold to the state,have no knowledge of what’s going on and when I have asked she tells me to get a lawyer!
    This should be exposed by the deeply traumatised families who have to endure a life in limbo.My husband is not the same man I married which caused deep suffering but this on going trauma is certainly ruining my health
    and subsequently the family and what for , the greed of the people who know how to work this terrible tragedy to line their own pockets. This is a national disgrace.

    • I am also the wife of a head injured man and also went through the slow process of receiving damages claim We had to go through the process of visits to ~Doctors, health visitors physchologists which were arranged by our own Solicitors and the Solicitors of the Third Party.every single aspect was discussed over our own very private life and my husbands injuries this took 7 years He was awarded a fairly small amount of money (in my opinion), but unknown to us a certain Doctor decided that my husband liked mental capacity so the money received was put in the hands of the Court of Protection and I was told that I would be a “Receiver” I had no idea what this involved and had never even heard of the Court of Protection. I had three children to bring up and a disabled husband to look after with the long drawn out process of physio, speech therapy, occupational therapy, Doctors and Headway Appointments. It was a very busy and traumatic time for all the family.

      When I had to start dealing with the Court of Protection I was very naive and did exactly as I was told but after 16 years of being under their control I can truly say it has been the worst experience of my life. They lost us the sale of a larger property which would have been better for all the family this they did because of their very slow approach to any letter sent by either myself or my Solicitor ( She actually said she had never known such a disorganised organisation in all her life.
      I write objecting to their extortionate fees it can take up to 2 months for any reply thats if you are lucky enough to receive a reply. Why should I pay a Fee of nearly £200 for HELP AND SUPPORT OF DEPUTIES when no such support is ever given. I have gone through the procedure of annual Chancellors visits one even wrote a report which was totally slanderous about myself but when I made an official complaint it was just a quick (automated) reply.

      We applied for some Court funds to buy a small property in France waited yet again approx 2 months for a reply which stated JUDGE does not think it is in Patients best interest to buy a property in France. The judge never even spoke to my husband or any member of the family to discuss the situation WHAT WAS IN OUR BEST INTERESTS I sometimes wish that there was no money left so that I would never have to deal with Court of Protection again and get back to living a quieter and happier life. In fact when I dream of winning the lottery the first thing I would do is get them to put the remaining funds into a charity and tell them to get lost (in no uncertain terms) They do not help people they just make life more difficult for everybody in the family. My husbands accident happened over 20 years ago but the experience what we have all been through is very stressful and traumatic with regard to his injuries and dealing with the Court of Protection. Their handbooks on rules are ridiculous you basically cannot do a thing (like a normal family) but have to do it as their rules and regulations or otherwise you are threatened (you will have to go before a JUDGE Even writing this note has made me very anxious which happens every time I have to write or talk about the OPG.COP At the present time my 94 year old mother has had to be put in a care home and my sister has been told she has Power of Attorney but because she knows all the trauma and upset I have been through having to deal with COP she has totally refused to act as Power of Attorney but has opted to be a Third Party. I AGREE WITH ANN IT IS A NATIONAL DISGRACE

      • Pearl Baker

        I am currently contesting a LA Application for a Court of Protection Order on my son, who suffers from a mental health problem. The LA are his Appointee, they have accumulated over £5000 of his money, and say they have to make this application. The COP is for people who cannot manage their own money, and deemed mentally incapacitated, not because they hold £5000 of his money! I have worked in mental health for over 30 year so no the law well. If they hold £4000 of his money they would not have made this application! The medical assessor said he had a fluctuating illness, but failed to read the Mentally Capacity Act 2005 ‘code of practice’ as it is always changing, and not qualified to make this assessment. I have completed the necessry forms to become a joint party to the proceedings, however i have found out that the case has been transferred to another court. (not informed of
        this) My son has received a date for a court hearing. (i was not informed) althouth party to the proceedings. It was served on the 12 December date of hearing the 6th January. I have contacted them for adjurement, although not invited to the hearing. It would appear the LA have also requested an adjurement. The Judge is now away until the 4th January, and not seen these requests. My son was informed that he could attend or not as he wished. If he arranged for someone to take him on the 6th January, he will not know if this has beeen cancelled until after the 4th January 2012. The Judge returns on the 4th January 2012. My objections are he is not incapacitated to manage his afffairs, he holds a full driving licence, pays his cleaners salary into her bank account manages his own shopping and cooking, and is under section 117 aftercare of the Mental health ACt 1983 (free aftercare) this would include help with his finances, and other problems he might have. He invested into an ISA and Post Office Account himself, what has the Appointee done with his money? he wrote requesting information from me to confirm the above, when i failed to reply he threated to tell the COP that i would not comply. he would not tell me how much money he receives from the Benefit Agency, becasue of the DPT but fails to see that i am also covered by this Act as well. (bully) i am not giving in, and will fight to the bitter end. I have written to Sir Nichollas Wall (Chief Judge at the COP) with no reply. I am informed by an assistant of the Court that this is a preliminary hearing, only after i persisted in asking what was this hearing on the 6th January. A preliminary hearing is a trial before a trial, (so why are all the partys to the case not invited? This has a long way to go, and i am not giving up, my son only receives State Benefit, and no property.

        I would love to hear from you. I am willing and happy to
        set up a campaign to fight this corrupt system.

        Pearl Baker

      • I totally agree something has to be done as the system is disgusting

  8. My mother is in a similar situation and this Court of Protection and its deputies stinks. They’re all money grabbers. The family of ill loved ones should deal with monetary affairs. Solicitors thrive on money and they love having the power. Once again, another stupid fucking Government Conspiracy they state to help people…hmmm more like thieve. I’m sticking with that one. Anyone suffering with court problems, I got a spell for us. Get your legal document together, make a copy of them and draw an arrow upwards on each of the sheets with an orange marker or highligher. This apparently gives strength to the case, and it’s worth a shot.

  9. Isn’t it time we took some form of class action – or applied to demonstrate outside Parliament to show the strength of feeling that possible over 3000 current familes have about his issue?

    Surely we cannot allow this secret State theft to continue can we?

    As a responsible society – we have to say no to the way this government has allowed it to continue unchecked.

    It seems that all the complainant bodies who are supposed to be fielding complaints in this area of State Theft, have been made impotent. Or perhaps they are too over worked?
    Or else threatened – if they don’t tow the party line? Certainly Land Registry seems to suffer from this.
    Either way, our public voice is not being heard.

    Do you really need a PhD and be 100% healthy before you can have your complaints heard by these complainant bodies. And then when you do contact them – they seem to be more keen to pass on your details to a third party commercial organisation designed to “do a survey”, rather than actually do something of pratical value.

    We want a Parliamentary or Legal Ombudsman who can help sort out the problem that you have complained to them about.And not to find excuses to close your case down early and to sweep you to one side again. Just like the OPG/COP/ local authorities and Land Registry do.

    What do you think?

    Do you want to join our legitimate complaints and to try and make a difference for the next generation?

    From

    SAM

    • Pearl Baker

      I agree we must start a campaign we could do, we just need a starting point. I am happy to make the first move. I will be in contact with my proposal.

  10. My mother and I have had similar problems to Francesca.They do not take notice of any family wishes,they seem to be in leaque with the Council.They have taken thousands of my mothers money for their fees.My mother has never even met the councils deputy appointed by the court.
    When they applied for the order no attempt was made to inform family members,leading to much distress and unhappiness.They even searched my mothers house while she was asleep looking for her bank statements.
    At the court hearing to get this overturned the judge refused to listen to my evidence,but they took notice of all the lies the council told about me,they do not care about my mother or I at all.

  11. Gary Hollis

    Hello Franceska
    I have to wonder what this court of protection really is. I have read many stories from 2003 and remember one guy on the Alziemers Society talking point describing it “nothing short of Evil”.
    Again reading your story, it seems to protect the predators, abuse of authority by councils, or the probate professionals seeing commercial lucrative interests for them selves.
    Legally speaking as you write this court corrupt, and as you write obstruct us from the independance and impartiality of the main stream judiciary.
    If you study this so called court it certainly seems to have contrived for itself rules and case law which are not right or reasonable if they are supposed to be protecting the person under its Orders. For a predator advised by a competant probate solicitor it is quite possible to rip off elderly people under this courts orders once they have obtained a receivers/deputyship and all along as if done by probate solicitor reciever they all lucrativly get together with the Master of the Court of Protection and have a “Hypothetical Lucid Moment” after which the patient has decided she wants to be ripped of. Its really amazing, but its all behind closed doors and its not allowed if you want to record it happening. I have to wonder if from the Lunacy Acts the Lunatics took over the Court of Protection and forgot about protection, law and the Statute Prerogativa Regis, the paren patriae jurisdiction from which this court originated.
    In the 21st century its amazing it can still exist, but it is a very lucrative area for the legal profession and those people know how to play it!

  12. francesca

    My life has not been the same, since the court of protection got involved with my Mother, this court is Corrupt and needs to be exposed for what it is; the court of protection , made an order resticting me from seeing my Mother,and putting the power of when and where i can see my Mother in the hands of the Local Council, for NO reason,they have NO grounds for doing this . The Court Of Protection don’t have my Mothers interests at heart at all , this Court is VERY Nazi-like. I am the youngest in the family and i am close to my Mother,so this has destroyed my life , they have destroyed me and my Mothers family life,and any happiness and peace we had, this Courtare in collusion with the Local Council, the Local Council are seriously corrupt and dangerous,they are also Nazi-like, they just don’t like me, and they are determined to drive a wedge in me and my Mothers relationship , i don’t know why ,they have said all kinds of lies about me, to the Court and the court listens to them and does exactly what they want.
    I have noticed ALL the Courts in London are Nazi-like, and cold, but the Court of protection is the most NAZI-like i have ever encountered, i think there has been one big conspiracy to find my Mother to lack Capacity, so they can take complete power over her life and finances,and house.My Mother suddenly has NO rights.
    I was living with my Mother in my Mothers house until my Brother illegally and unlawfully evicted us, because he wanted my Mothers house,and my Mothers Solicitor was about to take him to Court, because he had never paid my Mother for her house.I think the Local Council helped my brother evict us,it was organised by the Council and police , who are both corrupt,so my brother manipulated them,he had the council put my Mother in a HOME and i was made homeless. The Council are completly corrupt , they even put an illegal guardianship on my Mother,to stop her leaving the home, but they had to remove it , because i am my Mothers nearest relative and they had not consulted me first.I was trying to take the Council to the High Court, but to stop me they took it to the Court of proection.
    Basically the Court has NOT protected my Mother at all they have put her in the hands of my Brother,who has a history of violence against my Mother, registered a,when he beat her in 2006,he has also used unprescribed drugs to poison my Mother in 2005, because he wants to have my Mothers house ,the Court know all of this, yet they made an order placing my Mother in his care, to live and be cared for by him, i have visited my Mother only a few times at his flat and i saw bruises all-over her body,i have done EVERYTHING i can to reverse this order the court made because i know my Mother is in danger,i have reported the bruises i saw to police, social services , i even went to my MP but ,no one wants to do anything about this, all and in the meantime he court has put my Mother is in the care of her abuser , even though they know all my brother wants is my Mothers house , my Mother is not being protected by this court at all,in fact this court is open to corruption, and most of these judges and people involved in this Court,don’t know what their doing and they don’t take all information into account , their also ageist,and have totally ignored my Mother and what she wants, they just don’t seen to care what she was, and they have disregarded her wishes completely, the court of protection is a VERY wicked , elitist, white, Nazi-like Court,its like the Judges in this Court arn’t Human ,they have psychologically traumatised my mother and me by separating us, when they know such separation is extremely distressing, for a pensioner and they have isolated my Mother, by making orders that only my brother and other 4 siblings can have unrestricted access, i thing there is one big conspiracy involving this court, and i think their corrupt and know my brother is drugging my Mother, i don’t know what to do, or how to save my mother, thats why i want the Court of Protection EXPOSED.!

  13. Gary Hollis

    Hello Sam
    I have been studying and considering the Court of Protection since 2003.
    Natashia told me about you, so I have just read your story.
    I do allready have my applications in the European Court of Human Rights after the former Chairman of the Law Commission at the time of the Mental Capacity Bill and now a Lord Justice of Appeal Robert Carnwath dissmissed my Rigth to appeal without merit.
    The appeal was from an Order for 3 months in Horfield Prison suspended for 1 year which had been sought by agents for Master Denzil Lush.
    Solicitors Putin and Minihane of Burroughsday solicitors of Bristol the agents for Master Lush are still obstructing me to any of my money over 2 years after my Mum died, to financially obstruct my arguments going forward to what I would imagine would be the Grand Chamber against the Court of Protection.
    I am also “G v The Official Solicitor 2006 on the “balii” website.

    http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/816.html&query=g+and+v+and+official+and+solicitor+and+2006&method=boolean.

    The important points the Lord Justice’s make are “fair access to the Law”. “The Hypothetical Lucid Moment” of probate solicitors. and the most alarming line.
    “”This court is not entitled to interfer….
    We can now be robbed in our old age in this Court of Protection, which raises many dangerous problems for us all, this is us one day!
    Any one Help! Please I have only £64 jobseekers at the moment
    I need to get this before ECHR, I have to wonder if I am the only person outside the legal profession who fully understands how they have contrived the laws to be denied our own autonomy in old age so that we can be robbed by the professional predators surrounding this Court.
    Please contact me,
    Bye
    Gary Hollis
    41 St. Margaret St.
    Alongside the Town Swimming Pool
    Bradford-on-Avon BA15 1DE
    gollis@btinternet.com
    gollis@live.co.uk
    01225 862772 07971 272814

    • gillie hamshere

      are you still fighting the COP we have huge problemsn resulting in the loss of £250000 are there any legal bodies fighting the COP some maverich barrister?? 0208 287 0123

  14. A very worrying development indeed, Ellee. It is appalling that officials are charging fees for this “service”. People with Alzheimer’s and their families are already suffering from the effects of the cruellest illness in the world. I am very upset for them.

  15. Thanks Pip, and thanks too to Geoff for the link which I had already seen and read after Anna linked to me.

  16. Apparently it was founded in medieval times for a more balanced view of it, read this http://www.annaraccoon.com/annas-personal-stuff/the-court-of-protection/

  17. State abuse is rife. This exposure is very good, if only more was done in apriliament.

  18. I have written today on the Court of Protection – it may be of interest to some of you. I have had many years experience of working with this court.

    http://www.annaraccoon.com/annas-personal-stuff/the-court-of-protection/

  19. Comment Following newspaper article – 25.10.09.
    We have experienced these secret courts to our whole family’s detriment over the course of six years.
    The State Theft that we have experienced showed itself from quite early on. My father was aware of its presence but I was not from 2001-4.
    I was introduced to the system of State Theft around Oct 2004 when my father was discharged from an acute hospital bed, to a convalescent hospital near me, but the authorities didn’t want to let him go and bundled my Mum off to a residential home that stank to high heaven on many levels – both physically and on several other levels too.

    The authorities have since tried to do everything that they can to continue to steal our family’s property – causing us to expend thousands of pounds in court cases to try and recover what is already belonging to this family – and to stop the government continuing to put blocks on our proper access to our own property.

    We have seen manipulation by both the medical profession and their allies – as driven by social services, mental health agencies and local solicitors. The legal unprofessional professionals act to gain long term fees from the situation. They are deliberately egged on and then left to their own devices by OPG/ Court of Protection officials.

    State Theft is more open and worse in places like Clacton where few people can stand up to the tight knit network of professional abusers and State Theft promoters.

    The secret courts, delays, poor administration, muddling and lost files are all glibly ignored by this leader who fails to uphold justice for the many families who have fallen victim to the State Theft Procedures.

    In a BBC money box programme last week, Martin John – the latest OPG chief executive, was questioned about why so many complaints are received about how the Court of Protection (COP) and Office of Public Guardianship (OPG) work.

    Mr John refused to acknowledge the real difficulties that exist. On radio he refused to accept that his staff are at the centre of causing pain and financial hardship to many families who try to resist State Theft. Mr John’s predecessors such as Mr Brook, allowed his OPG staff to ignore families who ask for hearings, second opinions, and help. Instead they took away my parents’ properly constituted powers of attorney and gave them instead a Official receiver and official solicitor – quite against the entire familiy’s will – including my own parents and other elderly relatives.

    OPG staff provide fuel to stoke the lies by their Official Receiver or Official Solicitor appointees. Once appointed, we have seen these official appointees progressively act unprofessionally and fraudulently – and without authority. A climate of State theft has been manufactured in order to shield the COP/OPG. We estimate that our court fees and lost income is probably in excess of £750,000 to date.

    But no one has done anything to make the authorities do as they are supposed to do to date. Our 4 MPs are aware & have supported our request for the Parliamentary Ombudsman to review this. But the Legal Ombudsman and Parliamentary Ombudsman were first alerted about this some five to six years ago.
    They failed to act then and since.

    Senior public sector individuals from legal and social services backgrounds, believed that they could get away with running the affairs of both my parents without any family opposition. But then, when opposition by the family was felt, most government departments tried to defend their stance without examining their own actions critically. They made our lives hell. Land Registry – who are supposed to be impartial are no exception to this trend. Judges and a plethora of incompetent court officials have also “gone along” with the unprofessional professionals and often made matters worse for us. The Law Society was ineffective and could not – or would not stop the rot.

    Jack Straw has allowed a great disaster to happen for many families by not checking what is going on – or allowing it through anyway. He should take time to learn what it is that we have experienced.

    We are grateful to the media for revealing what is going on behind closed doors of secret courts.

    We want to join forces with even more families in a constructive way to sue the COP/State. If we have to take our case to Europe, so be it. We will join in to support a class action before possibly the court of Human Rights as each and every court that ignores human rights of the Elderly.
    What we have experienced so far needs checking by those more fair minded courts and those responsible for judicial discipline.

    It would appear that some Masters of the court are primarily interested in keeping the government sweet and applying traditional thinking in a way that simply isn’t fair. Anyone who says anything to upset some of these more self interrested and traditional judges stands a rsik of loosingtheir case because of it. ,

    Anyone offending their illusion of what the COP/OPG/ other officers of the court are doing, appears not to be heard openly and fairly. In age old tradition, anyone who is deemed to be impolite or to disagree with a court officer, is castigated and held to give less credible testimony. But the families that have been abused year on year by the systematic British manipulation of the legal system, cannot be tolerant or silent. We have to speak out and vent our frustrations at the way Jack Straw has allowed this OPG/COP partnership farce to continue.

    Finally, I want to air that I am convinced that the OPG/COP persuaded the nursing home to ensure the premature death of my father to stop him continuing his request to fight these matters out with the Court of Proptection and OPG. Dad needed a doctor at the very last. His mind was fine. But his body was not. The nursing home refused to call out a doctor for him. And Dad died. – prematurely! I reported it to the police and they could do nothing.
    And yet I have heard similar stories told from other people of my age.

    I shall stop now – as I have other things to do with my day.
    For example, selling my house to pay fro all the legal costs that we have to date!!!

    If it takes to my dying day, I shall continue to fight this corrupt system of government and its co-ordinated NHS/Social Services/COP/OPG/Land Registry and Law Society member lies.

    Please feel free to arrange an appointment if you want to see the facts. I suggest you come very soon in order to see the rooms full of six years of evidence against the OPG/COP – as my house will soon be gone.
    My contact address is PO Box 400, Brentwood, Essex CM14 4QH, I am prepared to help co-ordinate a class legal challenge. Up to now, we are a hand full of families who have joined forces.
    With your campaign help, we could form many thousands of children from the 1950’s who realize that a legal as well as moral stand against this government needs to be staged, as no one else will be able to do so.

    Yours sincerely,

    SA Maidment

    • I SAY GET RID OF THIS MENATL COURT OF PROTECTION AS IT NEEDS TO SEE A PSYCHIATRIST URGENTLY. JACK STRAW WAS AN ARSEHOLE WHO MADE THIS STUPID COURT TO MAKE HIS LAWYER FRIENDS HAPPY AND SUPPORT HIM. I WILL NEVER EVER VOTE LABOUR OR LIBRAL PARTY AGAIN AS MY M.P PAUL BURSTOW THE SO CALLED CARE M.P HAS REFUSED TO HELP AS I ASSUME HE IS TOO BUSY COUNTING HIS MONEY. ALL OF US SHOULD GET TOGETHER AT DOWNING ST AND HAND IN A PETETION SIGNED BY EVERYBODY AFFECTED IN THIS MATTER AND STOP THIS MENTAL COURT FROM TAKING ADVANTAGE OF FAMILIES AND BREAKING THEM UP.
      WHAT HAPPEN TO HUMAN RIGHTS AND WHY THEY NOT DO SOMETHING ABOUT THIS EVIL COURT.

  20. Michael, I’m sure the family will be very touched by your kind thoughts.

    shy talk, this link says the Court of Protection was set up in 2005: http://wapedia.mobi/en/Court_of_Protection

    Although the articles claims it was two years ago, I’m not sure if it means it the only figures available are in that period.

    60247, it’s clearly time for this system to be reviewed, and is something I hope Conservatives would do.

    • I AM DISGUSTED THAT THIS SO CALLED COURT OF PROTECTION CAN CAUSE SUCH ANGER TO FAMILY MEMBERS AND I WONDER WHAT KIND OF PROTECTION THIS COURT IS PROVIDING TO THOSE PEOPLE WHO LACK CAPACITY? MY MOTHER WAS ASSESSED AS LACKING CAPACITY BUT I AND THE DOLS PSYCHIATRIST KNOW THAT SHE HAS CAPACITY.THE SUTTON LOCAL AUTHROTIES ARE THE SCUM OF THE EARTH WHO LIED IN ORDER TO INFLUENCE THEIR OWN PSYCHIATRIST THAT MY MOTHER LACKS CAPACITY. WHERE IS THE PROOF I ASKED THE THE STUPID JUDGE JUST DISMISSED ME QUESTION? WHY?
      THIS IS A EVIL COURT AND THE SOONER EVERYBODY ON THIS WEBSITE GETS TOGETHER AND HAND IN A PETETION TO THIS GOVERMENT, THE BETTER.
      I SAY LETS ALL SIGN A PETETION ON THIS WEBSITE AND THEN HAND IT IN TO DOWNING STREET A.S.A.P MAYBE THEY MIGHT THEN REVIEW THIS STUPID COURT WHO ROBS MONEY FROM PEOPLE WHO ARE DEEMED AS LACKING CAPACITY EVEN IF THEY HAVE CAPACITY LIKE MY MOTHER DOES.
      DOLLY.

  21. shy talk

    The Court of Protection has been operating for
    many years and have been notorious for their
    unacceptable time consuming approach to the
    management of the patients’ accounts.It is only recently that the Guardianship positions have been introduced(within the last 4(four)
    years.It creates more roles for Lawyers and their juniors to make wealth for their firms.It is such a shame that this is not reflected in the personal injury settlements for people with severe head injury claims!!

  22. Ellee: Obviously, my heart goes out to Heather and I think to myself, ‘My God, still a young woman and having to go through this ordeal’. There must be a voice as bold as yours to stand up and say “Cut all red tape”. This is quite sad, indeed, and I wish Heather and her husband the very best of all possible outcomes. They are in my thoughts and prayers!

  23. That last comment is the best way to go.

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