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Passing Into History

July 7, 2015

It’s been a powerful day.

I travelled up to Hereford this afternoon to speak at a Social Care conference tomorrow. I’m due to tell the Get Steven Home story and then take part in a Q&A about well-being.

I spent two hours before dinner, sitting in the bar and reading the Law Commission’s report published today in which they made a whole series of proposals to replace the DoLs scheme. Not just amend it – rip it down and start again.

It needs a much longer post to do the proposals justice but here are a few of the highlights for me:

The new scheme will be called “Protective Care”. What a turnaround from deprivation of liberty! It will still be about best interests but the emphasis shifts to care planning and recognising the needs and wishes of P.

The foundation stone will be Article 8 ECHR. The very thing that Justice Peter Jackson focused on in our case. The State will no longer be able to ride roughshod over the person’s wishes about where they live and cannot dismiss the importance of the person’s family life.

The new scheme will also incorporate the fundamentals of the UNCRPD. It’s been a long time coming but what a shift in the power dynamic!

And finally, the new scheme, includes most of the content of the LBBill. In fact, it is referenced throughout the report.

Of course there is still a long way to go. The consultation period is open to November and it is crucial that everyone who may fall under this scheme, submits their thoughts on the recommendations. I cannot imagine though that the final legislation will be too far off today’s proposals. It is too obvious, too wise and too needed to find itself wholesale rejected.

So, DoLs are about to pass into history. And so will Steven’s and my story. When the new scheme begins, I will no longer be asked to tell the Get Steven Home story at conferences. It will no longer be relevant.

And that’s a bloody good thing. Not a moment too soon.

Of course, I’m not naive and realize that another Steven Neary may come along who has fallen foul of the State abusing the Protective Care scheme. But in a Panglossian way, the new scheme seems less likely to allow that to happen.

The Law Commission have just got it. For the first time, all being well, P will be truly at the heart of the scheme.


From → Social Care

  1. So glad to read your positive take onthis. Fingers crossed it brings about the change you’ve worked for so hard and long.

  2. weary mother permalink

    You, Sara and all the LB bill campaigners, all are heroes.

    Then there is the post LB bill future .?

    Then…will come the wrangle around who pays for happy and safe community based care, when currently for too many this is a misery making myth. A life where currently ‘happy’ and ‘safe’ are wants not needs.

    Where currently years long wrangles over who pays for access to health care… kills.

    Where currently very vulnerable adult and daughters in ‘supported’ living are cured or cared for in the lottery of budget rescuing cost cutting ‘snake oil’ reviews.

    Where currently community access choice is between a crowd shared seat in a Costs café, or a lonely seat in the rain ……in the park.

    The battle goes on?


  3. nic permalink

    this reads as the most amazing news that I can’t wait to pass on to a friend, if the foundation of the scheme is a life that sustains the individual above all other considerations then it is truly protection.

  4. Mark you must be feeling very mixed emotions but there surely must be a huge sense of pride in what you have achieved. Steven suffered badly. You suffered badly. Unlike Steven you had the verbal and written skills to challenge things but more than that, unconditional love for him.
    The whole situation for parents losing their young people to the system this way is painfully still going on.
    But surely this is a massive break through!?

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