I mentioned one of the UK's secret prisoners today in the House of Commons. These prisoners are different to those imprisoned through the courts where the Family Court bans the name of the prisoner being revealed.
These are people whose legal capacity to decide where they live is removed from them by the Court of Protection.
The Mental Capacity Act 2005 specifies in detail the circumstances in which someone can be jailed ostensibly to protect them. In these situations the system decides that someone does not have either the capacity to decide where they live or indeed to instruct a solicitor to argue about the issue.
There are two problems with how the system currently works.
The first is the wider one of accountability. Someone is locked up with no right to instruct a solicitor to contest the jailing and the media are banned from talking about it.
Obviously my comments in the House of Commons can be reported, but without that it cannot be talked about on threat of imprisonment.
The second is that the system has its usual unreliable expert system of determining whether people have capacity.
To me the idea that someone can be jailed purely on the basis that a social worker employed by the local council thinks they don't have the capacity to decide where they live is very wrong.
On top of all of this it seems very clear that the Mental Capacity Act is not being followed and furthermore
a) I am not being allowed to talk to the secret prisoner ... and
b) Other parties are being threatened in an attempt to prevent them talking to me.
All very very wrong.