Skip to main content

Mental Capacity and Adoption

In working on an ECtHR application which hopefully over time we will publish I have reviewed X v Croatia that refers to two pieces of international law (nothing to do with the EU). The European Convention on Adoption is one. This shows how far out of line England is on these issues. The second is Principles concerning the legal protection of incapable adults this is not available in a text form although I am going to try to run it through an OCR and post it later. In England we seem to use the mental capacity process to remove rights from people rather than protect their rights.

Comments

martin.reed said…
[[...The European Convention on Adoption is one. This shows how far out of line England is on these issues...]]

How does it show that? I'm curious.
12:44 pm
john said…
2. The competent authority shall not:
dispense with the consent of any person mentioned in paragraph 1 of this article, or
overrule the refusal to consent of any person or body mentioned in the said paragraph 1,
save on exceptional grounds determined by law.

We don't use "exceptional" grounds. It is more like "run of the mill".
2:17 pm
cb said…
But surely the foundation principles of the Mental Capacity Act 2005 verify that capacity is always assumed in the UK law as a matter of course so it is absolutely not 'run of the mill'. It seems to be an very expedient interpretation of the law that suits some political agendas.
The process of 'removing rights' is not just a process. It takes place in the context of an automatic assumption of capacity.
3:09 am
john said…
I was there referring to the process of adoptoin.

The question of mental capacity is a completely different piscine kettle.

There are a lot of problems here that are being raised in Strasbourg.
6:36 am
Post a Comment

Popular posts from this blog

Statement re False Allegations Campaign

Many people will know that my family and I have been subject to a campaign of false allegations by Esther Baker for the past 4 1/2 years. Yesterday there was a court judgment Baker v Hemming [2019] EWHC 2950 (QB) which formally confirmed that the allegations were false. Esther Baker, who had brought a libel claim against me, dropped her defence of Truth to my counter-claim and was taken by the judge as no longer trying to prove her allegations. Due to Baker's various breaches of court rules and orders, she has been barred from further repeating her allegations even in the court proceedings. Further claim of mine in libel against Baker are ongoing. There is a good summary in the Daily Mail here.

This demonstrates the challenge in fighting false allegations in today's Britain. A substantial campaign was built up to promote allegations which had no substance to them. Various Labour MPs and in pa…
Post a Comment
Read more

Service launched to reduce the pain of calling a call centre.

Click here to try the beta test call entre phoning service"John Hemming, who has created an internet Startup called Cirrostratus since he ceased being an MP, is launching a free online service to make life easier for people phoning call centres.   The service is provided by Cirrostratus, but the SIP backbone is provided by the multi-award winning business VoIP solution, Soho66." John said, "Many people find phoning call centres a real pain.  Our service is aiming to make things a lot easier.   One click on alink or the bookmarks list and our server will phone up the call centre and get through all the menus.  This is a lot faster than when people have to phone up and is less irritating." "Additionally the system uses WebRtc and the internet to make the call. This means that people don't find their normal phone system being blocked whilst they hang on the line waiting to speak to a human being." Marketing Manager from Soho66, David McManus, said: &q…
Post a Comment
Read more

A grassroots uprising against terrorism

Original Date 26th May 2017

One thing I used to do when I was the Member of Parliament for Yardley was to call together meetings of all of the religious organisations in Yardley as a Yardley multi-faith group.  In many ways it is the creation of informal links between people that makes communication easier even if there is no formal decision making power.

Obviously this is something I would intend to do again if the people of Yardley ask me to take on the responsibility of representing them in parliament.

It highlights the sort of thing that politicians can do which arises from a leadership role within communities rather than any constitutional position.

I have already written in an earlier blog post about the principles of resolving conflict.  It can be summarised as "murdering innocents is wrong".

A number of local mosques have issued statements following the atrocity in Manchester and I think it is worth quoting from parts of them.

One said that the mosque "Unequivoc…
1 comment
Read more