Independent Mental Capacity Advocate - Not as Independent as they make out

[Tolkny]

Yes complaints have been made in writing. SS have been uncooperative for months, CH take an aggressive stance as well and MCA phoned up SS before answering or rather evading my questions. They are protecting their own backsides. If I ask for information they state I don't have a right to it and if my father signs a letter either he is incapable of understanding what is written or else they claim I am forcing him to sign documents. It is for that reason that I requested that my father be present at all meetings with SS.

It reads as if a Judicial Review perhaps needs to be sort, which may not at least initially help the parties work together to find the best way through a very difficult situation for everyone involved. I am much relived that in dealing with my mother in law, who is basically compliant, we have not hit significant conflict although the practical and emotional problems are enough without such contention as we have been reading about.

It is at times like this one wishes there was fairy dust to sprinkle and make all well!

 

[Bob S]

Mr Angry,

Maybe it's time to ask for information under section 35 of the Data Protection Act. Usually they can refuse requests if certain criteria are not met, but if you are making the request in connection with any legal proceedings or any prospective legal proceedings then the non disclosure provisions do not apply.

http://www.legislation.gov.uk/ukpga/1998/29/section/35

 

[Mr_Angry]

Good point

Thanks to Bob for pointing out section 35 of DPA.

 

[JPG1]

Mr Angry,

I think that the DPA may only allow you access to your own personal Data, held by any 'government/local authority/public service etc etc ' body.

It may not allow you to access the data held by any 'body' which could be defined as your father's personal data. So I am not sure that Section 35 of the DPA will allow you to access anything other than 'your own personal data'. Even tho' you may be considering legal procedures. My next door neighbour could be considering taking legal action against A or B or C, but I'm not sure that my n-d-n could apply for any info under the DPA relating to me, or to my father. (Hands up here, I have no evidence for that statement, just thinking outside of my own envelope. )

Unless, of course, you have power of attorney.

Any application for information under the Data Protection Act regarding your Father's situation could, I think, only be applied for by your Father. But I may be wrong there.

And I hope that others who know more about the DPA will come along soon to help you.

 

[Mr_Angry]

section 35

It would be my father making the request and he has given written consent to allow both myself and my solicitor access to all data held on him including medical data.