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Protect your Freedom – Please retweet and respond!

Protect your Freedom – Please retweet and respond! — Anna Raccoon.

I refer my gentle readers to Anna's linked post today. It is important. The state is seeking extended powers to interfere in personal relationships between citizens with legal capacity to make their own decisions. Telling social workers to "get lost" will result, if such powers are granted, in actions incompatible with a free society. Telling self-selected statist busybodies to "get lost" is often, of course, the first duty of a free citizen.

Most responses to the Department of Health's consultation will be, in the natural course of things, from the aforementioned self-selected statist busybodies - either those serving the state or their political cheerleaders.

Please therefore consider following the links in Anna's post or this one to obtain the consultation questions and then file your own responses by email or post. I have reproduced my own responses (submitted in my real name) below but please respond in your own words. You might like to consider not picking up the civil servants' poor use of English, for example, as I failed to resist doing. Your objective is to persuade, after all. Good luck with that.

Question 1: Do you agree that there is a gap in the proposed legislative framework for people with mental capacity, which this power would address?


Question 2: What are your views on the proposal that there should be a new power of entry, enabling the local authority to speak to someone with mental capacity who they think could be at risk of abuse and neglect, if a third party prevents them from doing so?

I strenuously object to the creation of any such power. In fact I would welcome the abolition of most existing such powers.

Question 3 (for care and support professionals working in adult safeguarding): How many times in the last 12 months, have you been aware of a situation where, had this power existed, it would have been appropriate to use it? What were the circumstances?


Question 4: What safeguards would we need to ensure local authorities use such a power effectively and appropriately?

Any such safeguards would merely raise the question "Quis custodiet ipsos custodes?" There is no appropriate use of such a power. A person with legal capacity should never have his or her choices second-guessed by the state. This is a dangerous, immoral (perhaps even amoral) proposal incapable of being ameliorated by safeguards.

For example, would the following provide adequate safeguards?

• A warrant would be applied for from a Circuit Judge (e.g. a nominated judge of the Court of Protection).

This would only help if the legislation granting the powers was clear (as it could not by definition be) that the state has no right to interfere in the life choices of those with legal capacity. Since the intent of the proposed legislation is precisely to create such a right, the judge would have no ability to restrict such action and the warrant would merely use the judiciary as camouflage, further soiling its reputation for independence in the process.

• The local authority would present the court with evidence of the need for the warrant.

See above.

• The local authority would ensure that there is a process by which the occupiers of the premises understand that they can complain about the way in which a power has been used. The local authority would have to verbally inform the affected persons how they might access that process

See above. There is no point in a right to complain about such a loss of liberty, if it is backed by law. One wonders, by the way, how they would inform anyone other than "verbally". Draw them a picture, perhaps?

Question 5: Do you have any other comments?

The British State is too powerful. After decades of growth to the point where it now consumes the majority of national resources and is strangling to economic death the nation it purports to serve, it is unsurprising that it attracts employees who have no sympathy with personal liberty. In my view, no-one who respects our right to live life as we please would wish to be part of such an aggressive apparatus. Once the state is staffed by substantial numbers of such people, proposals like these are to be expected and it is the job of government, as the people's representative, to oppose not promote them.

No further extension of the state's already-excessive power can possibly be justified. Any government worthy of the names "conservative" or "liberal" or "democrat" would be slashing its powers in order to set the British people free not listening to calls to authorise meddling in the lives of those with legal capacity.


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Andrew Duffin

A fairly good approximation to my own answers, Tom.

I wonder how much attention "they" will pay to our opinions?

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