Christopher's story

Abstract

Purpose

This paper aims to highlight devastating consequences when professionals misappropriate the presumption of capacity in s1 Mental Capacity Act 2005.

Design/methodology/approach

This is the story of my vulnerable son's life and the failure of services to provide the professional help and support he needed in order to stay safe. I have flagged, with specific examples, how the law was perpetually misapplied in his case, with tragic consequences.

Findings

The application of the statutory presumption of capacity is widely misunderstood. The presumption is frequently misappropriated by health and social care professionals as well as by legal professionals. Concerned families are being ignored or blocked out by professionals, many of whom seem unclear as to when evidence based mental capacity assessments, with rationale, are required. This is rendering the legislation in place for the protection of vulnerable adults ineffective and then allowing preventable deaths to evade appropriate scrutiny.

Research limitations/implications

Some of the documents (e.g. police logs and records, some social care records) were withheld from the author or heavily redacted when the author requested them following her son's death.

Practical implications

Vulnerable people can frequently suffer neglect and abuse in the community. Their deaths, following state agency failures, are not being investigated as they should be, preventing learning from mistakes.

Social implications

We live in a society where, sadly, vulnerable people are often not appropriately supported by professional services. As a result, the police can be left to pick up the pieces following mental health service failures. Whilst there may now be a greater awareness of autism, this is not yet accompanied by a greater understanding of the condition.

Originality/value

Christopher's story is unique, raising issues of serious concern across many different agencies. These appear to stem from a widespread lack of understanding of the vulnerability of adults with high functioning autism/Asperger's syndrome and a significant discrepancy between their intelligence and their life skills.

Citation

Laskaris, F. (2023), "Christopher's story", The Journal of Adult Protection, Vol. 25 No. 2, pp. 82-90. https://doi.org/10.1108/JAP-11-2022-0030