Wouldn't we all do better not trying to understand , accepting the fact that no human being will ever understand another ..... Graham Greene [ the Quiet American ]

It's an issue about capacity - the ability to choose in what maybe a continuing illness that reduces choice.

Anyone who is in the UK for any reason has fundamental human rights which government and public authorities are legally obliged to respect.
These became law as part of the Human Rights Act 1998.

Your human rights are:
the right to life
freedom from slavery and forced labour
freedom from torture and degrading treatment
the right to a fair trial
the right to liberty
the right not to be punished for something that wasn't a crime when you did it
the right to respect for private and family life
freedom of thought, conscience and religion, and freedom to express your beliefs
freedom of expression
freedom of assembly and association
the right to marry and to start a family
the right not to be discriminated against in respect of these rights and freedoms
the right to peaceful enjoyment of your property
the right to an education
the right to participate in free elections
the right not to be subjected to the death penalty

If any of these rights and freedoms are breached, you have a right to an effective solution in law, even if the breach was by someone in authority, such as, for example, a police officer.

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Mr Coomeraswamy lived in Thurleigh Court, Nightingale Lane, under the supervision of South West London and St George's Mental Health Trust.

The patient, who was visited regularly by a psychiatric nurse,
was found dead,

Mr Coombe said: "My brother has been a mentally ill person for 37 years.
For the last four years we know the state of his residence where he was living was squalor.

Speaking in court, Dr Ruth Allen, director of social work at Tooting's Springfield Hospital, said human rights had to be considered before removing patients from their homes.

For years the landlord, Gary Burns, wanted to clean the flat up - but the Trust refused to forcibly move the patient to allow work to take place.
The boiler was broken, the bathroom ceiling had collapsed, the walls were damp and a thick coat of dirt covered every surface.

She said people were only sectioned when they refused to comply with treatment, but this was never the case with Mr Coomeraswamy.
She added: " She highlighted that workers were always aware of the patient's right to choose their living circumstances, citing the Mental Capacity Act and the Human Rights Act.

Showing photographs of the scene to the court, Dr Paul Knapman, the coroner, said:
"This is barely fit for human habitation.
He added: "Photograph five shows an absolutely filthy kitchen with stuff all over the place.

what could the brother have done differently ?

C ............y Inquest CONCLUDED - died of natural causes in neglect :- no full reporting so far. Adjourned Inquest heard from 'expert' that 'best interests' would have obliged someone to intervene - but who ? [ summing up ... " the coroner, on Wednesday said that Wandsworth social services or the local Mental health Trust should have invoked their powers under the Mental Health Act to temporarily re-house the unwell man. Dr Knapman said he would be writing to the government warning that hundreds of other people could be living in similar squalor..
He is to ask for a clearer guide as to who should intervene.
? But which of the two services singled out by the Coroner was in charge - the Mental Health Trust was regularly in the lead visiting every fortnight to deliver depot medication treatment

N.B. Wandsworth has a Rehabilitation and Recovery Teamfrom at Springfield hospital

From TRUSTWIDE Autumn September 2009 a news sheet of St George's Mental Health Trust

... ' Some find their families helpful, but others find them stressful.
But mental health problems do present particular challenges for social and family relationships.

The social stigma and day-to-day challenges of living with a significant mental health problem can leave people more at risk of social isolation and loss of close relationships – and this can affect not only the person who is unwell but those around them.

The Trust has a vital part to play in countering these tendencies.
We need to recognise and effectively work with families and social networks as a matter of course,
helping social relationships to thrive and helping families and service users to stand up against stigma and prejudice.

People using our services can not only gain support and encouragement from social relationships,
they can also contribute hugely – as parents, siblings, carers themselves, friends, colleagues, sons and daughters.

Healthy social relationships are always reciprocal.
When we work to support recovery, we need to be thinking all the time about how the social networks people have (or can create) can sustain recovery in the long term.

Some of the key aims of the new strategy will be to propose practical ways in which we can: identify and understand better the family and social networks that are important to the people we are working with
improve how we directly support, advise and empower carers, friends and families
improve how we involve them in support planning for individuals
and in how we develop services overall
support people better in the social roles they value understand the needs and aspirations of carers in different situations,
for example young carers, parents of young people with mental illness
and carers of people with different types of condition and levels of disability arising from their mental health problems
work more effectively with partner agencies – such as self-organised support groups, carers’ centres and the local authorities
– to empower and support carers, friends and families more effectively.

Ruth Allen

From TRUSTWIDE Autumn September 2009 a news sheet of St George's Mental Health Trust

PALS

Manager Louise Dymoke is a fierce defender of the500-plus patients, carers and families
who bring their frustrations to the Trust’s Patient Advice and Liaison Service every year.

“These people feel very dis-empowered and can easily give up,” she says.
“We can be like a dog with a bone and keep on pressing on their behalf.”............

........ “We give patients advice and we can liaise between teams,” Louise says.

“It’s our job to resolve concerns informally and quickly.
It’s an on-the-spot advice service for any problems.

We can cut across the hierarchy and liaise on behalf of the patient or carer.
We’re a one-stop shop to resolve their problems.”

MHA 17B(20(b) specifies conditions may be made to prevent risk of harm to the patients health or safety (and in the long run (c) protecting others).

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