2. Where did the Human Rights Act start?
The roots of the Human Rights Act go back to the Second World War. After the war, the European Convention on Human Rights (often called 'the Convention') was written, setting out important basic human rights. In 2000 the Human Rights Act made the Convention part of British law.
The rights in the Convention are set out as separate 'articles'. Since the Convention was written, new 'protocols' have been added. Most of these protocols deal with procedure, but some of them add new rights to the Convention.
The European Court of Human Rights in Strasbourg was set up to consider cases brought by people who claim that their rights under the Convention have been broken ('breached' in legal terms). In many cases, this court has decided that the British government has breached the Convention. These cases have led to important changes in the law in this country.
Taking a case to the court in Strasbourg takes a long time. In almost all cases you must first take legal action in this country using the Human Rights Act before you take a case to the court in Strasbourg. You can take a case to Strasbourg only if you fail to win your case here under the Human Rights Act.
4. What can I do if I think my rights have been breached?
If you think a public authority has breached your Convention rights (or that it is going to), you can take court proceedings against them. You have to show that you have been affected by what the public authority has done or is going to do.
You can apply for a procedure called a 'judicial review' if:
* you want to challenge a decision made by a public authority; or
* you want the court to order a public authority to do something or stop doing something.
Under judicial review, a judge will look at your case and decide if the public authority has acted illegally. You have to start proceedings quickly, and at the latest within three months of the authority's decision or action you are challenging. It is important to consult a lawyer quickly and discuss the possibility of judicial review if you think that there has been a breach of your rights, because judicial review can be an effective way of challenging a decision or action, and you are more likely to get public funding (legal aid) for it than for a damages claim on its own.
If you just want compensation because your Convention rights have been breached, you can bring a claim for damages. You have to bring the case within a year of your rights being breached.
A court can award you compensation if it finds that your Convention rights have been breached. But the court may choose not to award you compensation if it decides that simply finding that your rights were breached is enough. The compensation that people have received for breaches of their Convention rights has been quite low.
You may also be able to rely on your Convention rights if you are defending yourself in court. This will happen most often in criminal cases, but it may also happen, for example, if you are:
* a council tenant and the council is trying to evict you; or
* an immigrant or asylum seeker facing deportation.
WHAT CASE ARENT COVERED BY THE HUMAN RIGHTS ACT
5. Which cases doesn't the Act cover?
Sometimes a court won't be able to do anything about your rights being breached. The Human Rights Act doesn't allow the courts to overrule an Act of Parliament. If the courts can't interpret or apply a particular Act of Parliament in a way that respects or fits in with people's Convention rights, all they can do is make what's called a 'declaration of incompatibility'. The Government and Parliament then have to decide if the law should be changed. But until or unless that happens, the courts have to apply the law as it is, even though it does not fit in with Convention rights. The courts will not be able to award you any compensation.
If you find yourself in this situation, you could think about applying to the European Court of Human Rights, because the Court in Strasbourg can award compensation.
The Human Rights Act allows people to bring a case only against an organisation that is a public authority. So a person who is employed by, for example, a local council can take proceedings against their employer, but a person who is employed by a private company cannot.
Even so, the Act affects court cases between individuals and private organisations. This is because it changes the way the courts interpret and develop the existing law. The courts are already using Article 8 of the Convention (the right to respect for private and family life) to develop a law of privacy that will affect private individuals and organisations as well as public authorities.
6. The articles of the Act in detail
Here we explain what each article says. We also give examples of how they have been used in the past or how they might be used under the Human Rights Act. Bear in mind, though, that these are just examples, and the Convention rights can be used in many other ways.
Article 2: Right to life
This says that the Government and public authorities must protect the right to life. It may mean that the police have to protect someone whose life is under immediate threat. It might also be used to argue that a patient should be able to get treatment that would save their life. Article 2 says there are three situations when the Government or a public authority can justify taking someone's life. These are where:
* they are protecting someone else from illegal violence;
* they are trying to arrest someone or prevent someone from escaping from custody; or
* they are trying to stop a riot.
If someone dies in such a situation, the Government or public authority (usually the police) will have to show that no more force was used than absolutely necessary. Unless they can show this, they will have breached Article 2.
Article 2 also says there should be a proper investigation when the police or army kill someone or when someone dies in custody or when someone has died because of a public authority's negligence. This will usually be an inquest, but sometimes the Government, police or army may have to hold a public inquiry. Under Article 2, the family of the dead person may also have to be given legal aid so that they can fully participate in the investigation.
There are two particular situations that Article 2 does not cover:
* It cannot be used to stop a woman having an abortion.
* It does not give people who are terminally ill the right to be helped to die.
Article 3: Prohibition of torture
This says that no one should be tortured, and also forbids punishing or treating people in a way that is degrading or inhuman. The European Court of Human Rights says inhuman or degrading treatment or punishment has to be very serious to be a breach of Article 3. At the least, it must be extremely humiliating.
This article prevents people being deported to a country where they are likely to be tortured, or extradited (sent) to face criminal charges in a country where they will face the death penalty. It has also been used:
* in cases where social services have failed to protect children from severe abuse; and
* to argue that the Government should not withhold state support from asylum seekers because doing this would leave them destitute (with nothing to live on).
Prisoners or people held in hospital might use Article 3 if they are treated very badly or if the conditions on the prison or hospital are particularly bad.
Article 4: Prohibition of slavery and forced labour
This forbids slavery; that is, when one person is owned by another person, or when someone is forced to work.
However, the article makes it clear that this does not include work that someone has to do while they are in prison, or any work contracts that you agree to voluntarily.
Article 5: Right to liberty and security
This limits the circumstances in which someone can be detained and have their freedom taken away. It covers detention for:
* long periods - for example, if you are in prison or are forced to stay as a patient in a mental hospital); and
* short periods - for example, if you are arrested.
Article 5 says the law must be clear about how and when people can be detained. It also says that people can be detained only:
* if they have been convicted of an offence and sentenced to imprisonment;
* if they have disobeyed a court order to make them do something that the law says they must do (such as paying a fine or paying maintenance);
* if there is good reason to suspect they have committed a crime, or to stop them from committing a crime, or to stop them running away after committing a crime;
* if they are mentally ill, alcoholic, a drug addict or a vagrant, or if it is necessary to detain them to stop an infectious disease spreading; or
* to stop them coming into the country illegally; or
* so that they can be deported or extradited (sent to a country where they have been accused of a crime).
People under 18 may also be detained to make sure they get educational supervision or can be taken to court.
However, English and Welsh law does not allow some types of people to be detained. For example, drug addicts can't be detained just because they are addicts.
Article 5 also gives people who have been arrested or detained the right to:
* be told why they have been arrested in a language they understand;
* be taken before a court quickly;
* bail (being released temporarily while court proceedings continue, which you may be given if you agree to meet conditions, such as living at a certain place), unless there are good reasons for not granting it;
* be tried within a reasonable time;
* take court proceedings to challenge their detention if they think it is illegal; and
* compensation if they have been illegally detained.
Article 5 also gives some people who are detained the right to have a court or tribunal look again at the reasons for their detention from time to time. This includes compulsory patients in a mental hospital and prisoners serving a life sentence once they have completed the tariff part of their sentence (the minimum period that they must spend in prison before the Parole Board can decide to release them on licence - that is, with conditions).
Article 6: Right to a fair trial
This article says everyone has the right to a fair trial and sets standards for the way hearings should be run. You may believe you have not had a fair trial if you lose your case, but there will be a breach of Article 6 only if the standards have not been met.
Article 6 applies to both civil proceedings (cases involving disputes between individuals or organisations) and criminal proceedings (when someone is prosecuted for an offence). Certain standards apply in both criminal and civil cases. These are the right to:
* a trial within a reasonable time;
* an independent judge;
* a public hearing (although in some circumstances the public is not allowed to watch);
* have the judge's decision made public; and
* know the judge's reasons for the decision.
In civil cases, Article 6 also protects the right to take court proceedings to settle a dispute (though, depending on the type of case, this right may be limited). In a very few cases Article 6 may also give you the right to legal aid for your case if you cannot present your case yourself and you cannot afford a lawyer.
In some situations where a person who is not completely independent makes a decision, they are not necessarily breaching Article 6 (for example, a housing officer reviewing a homelessness decision). This is because you would have the right to appeal against the decision to a court.
There are extra rights in criminal cases. These are the rights to:
* be presumed innocent until you have been proved guilty;
* be told at an early stage what you are being accused of;
* remain silent - you cannot be forced to answer questions, but the court may be able to take your silence into account when deciding whether you are guilty;
* have enough time to prepare your defence;
* have legal aid for a lawyer if you cannot afford one and it is 'in the interests of justice' for you to have one;
* be present at your trial;
* put your side of the case at your trial;
* question the main witnesses against you and call witnesses of your own; and
* have an interpreter if you need one.
Article 7: No punishment without law
This says you cannot be tried and found guilty if what you did was not a criminal offence when you did it. It also says that you can't be punished in a way that was not the law when you committed the offence. Parliament can't backdate a law that:
* increases the length of time you could be sent to prison; or
* introduces a new punishment for an offence.
Article 7 also says that the law must be clear so that people know whether what they are doing is against the law or not.
Article 8: Right to respect for private and family life
This says there should be respect for everyone's private and family life, home and correspondence.
There is no full definition of what 'private life' includes, though it is similar to privacy and covers the right to:
* get on with your life without interference;
* develop your personality and form friendships and relationships with other people;
* enjoy your sexuality; and
* control your body.
It also covers how people or organisations hold and use information about you.
'Family life' means your relationship with your close family. This includes a man and woman who aren't married but who live in a stable relationship, though the Court in Strasbourg has not yet recognised a same-sex couple as a family.
'Your home' means where you now live. The right to respect for your home does not mean that you have the right to be given a home if you do not have one, or to be given a better one than you already have.
'Your correspondence' means your phone calls and letters, as well as e-mails. People have used Article 8 to challenge the police or secret services bugging their phones.
Article 8 is a 'qualified right'. This means that the Government or a public authority may be allowed to restrict or interfere with the right in certain circumstances. The Government or the public authority must show that there was a clear legal basis for the restriction or interference. Its actions must pursue one of the six aims set out in Article 8. These aims include to prevent crime, and to protect the rights of others. It also has to show that breaching the right was 'necessary and proportionate' (that it was done for a very good reason and went no further than it needed to).
Article 8 has been used in many cases, including:
* cases brought by gay men, which led to the abolition of laws that restricted gay men having sex. The age of consent for gay men is now the same as for everyone else;
* a man who had been in care as a child, who used Article 8 to get his care records;
* a police officer who brought a successful claim against her bosses for tapping her work phone.
Article 9: Freedom of thought, conscience and religion
This guarantees that you can think what you want and can hold any religious belief. You cannot be forced to follow a particular religion and cannot be stopped from changing your religion. The freedom of conscience principle also applies to people who are vegan or pacifist. Article 9 also protects the right to practise or express your religion or beliefs.
Article 9 is a 'qualified' right, so it can be breached in some circumstances. This means that the Government or a public authority may be allowed to restrict or interfere with the right in certain circumstances. The Government or the public authority must show that there was a clear legal basis for the restriction or interference. Its actions must pursue one of the four aims set out in Article 9 - for example, to protect the rights of others. It also has to show that restriction or interference was 'necessary and proportionate' (that it was done for a very good reason and went no further than it needed to).
Article 10: Freedom of expression
This guarantees the right to pass information to other people and to receive information that other people want to give you. It also guarantees the right to hold and express opinions and ideas. It is similar to the right under Article 9, although the range of opinions and beliefs that are protected by Article 10 is much wider.
Journalists and people who publish newspapers and magazines can use Article 10 to argue there should be no restrictions on what they write about. Artists and writers can use it to defend themselves against people who try to censor their work.
Article 10 is a 'qualified' This means that the Government or a public authority may be allowed to restrict or interfere with the right in certain circumstances. The Government or the public authority must show that there was a clear legal basis for the restriction or interference. Its actions must pursue one of the eight aims set out in Article 10, which include:
* the prevention of crime;
* the protection of morals;
* the protection of other people's rights or reputations; and
* the protection of confidential information.
It also has to show that the interference was 'necessary and proportionate' (that it was done for a very good reason and went no further than it needed to).
Article 11: Freedom of association and assembly
This protects the right to protest peacefully by holding meetings and demonstrations. It also means that the police may have to act to protect people holding a meeting or demonstration from anyone trying to stop it.
Article 11 protects the right to form or join a political party or other group, and the right to belong to a trade union. But the right to join a trade union doesn't include police officers, soldiers and some other groups who work for the Government. Article 11 also guarantees the right not to have to join a union.
Article 11 is a 'qualified' right. This means that the Government or a public authority may be allowed to restrict or interfere with the right in certain circumstances. The Government or the public authority must show that there was a clear legal basis for the restriction or interference. Its actions must pursue one of the five aims set out in Article 11, which include preventing disorder or crime, and protecting other people's rights. It also has to show that breaching the right was 'necessary and proportionate' (that it was done for a good reason and went no further than it needed to).
At the moment, the police can restrict demonstrations or ban them. People may use Article 11 to challenge some of these restrictions if they believe they go too far and are not necessary.
Article 12: Right to marry and found a family
This gives men and women the right to marry, as long as they are old enough. Traditionally this did not include same-sex couples or transgender people (people who've undergone a sex change). However, both the Strasbourg and English and Welsh courts have recently found that transgender people do have the right to marry in their new gender (the sex they've changed to) and the law has now changed so that it is in line with these rulings.
The right to 'found a family' may apply only to people who are married. If it does, people who are not married will have to rely on the right to respect for family life under Article 8 to argue for their right to have children.
Article 14: Prohibition of discrimination
This includes many types of discrimination, including discrimination on grounds of:
* sex;
* race;
* religion; and
* political opinion.
However, the article does not say these are the only ones, and the European Court of Human Rights has accepted that it covers discrimination against people who are:
* non-marital (born to unmarried parents);
* unmarried;
* prisoners; or
* gay or lesbian.
The courts are also likely to accept that the article covers discrimination against someone because they are disabled. You can argue that you have been discriminated against on other grounds as well, but you will probably need to show that the discrimination is linked to a 'personal characteristic'.
Article 14 does not give general rights against discrimination. You can use it only where the discrimination is linked to another article of the Convention. For example, a gay man found that he could take over the tenancy on a flat after his partner had died, but on worse terms than if his partner had been a woman. He used Article 8 because his home was at stake. He then used Article 14 because he was discriminated against because of his sexual orientation.
Article 14 is often used with Article 1 of the First Protocol by people who are discriminated against in the payment of benefits.
Even if you can show that you have been discriminated against and that the discrimination is linked to another article, the Government or public authority might still be able to argue that the discrimination is justified. But they must show that there is a good reason for treating you differently and that their actions are proportionate (go no further than they need to).
Wednesday 15 August 2007
Human Rights act
2. Where did the Human Rights Act start?
The roots of the Human Rights Act go back to the Second World War. After the war, the European Convention on Human Rights (often called 'the Convention') was written, setting out important basic human rights. In 2000 the Human Rights Act made the Convention part of British law.
The rights in the Convention are set out as separate 'articles'. Since the Convention was written, new 'protocols' have been added. Most of these protocols deal with procedure, but some of them add new rights to the Convention.
The European Court of Human Rights in Strasbourg was set up to consider cases brought by people who claim that their rights under the Convention have been broken ('breached' in legal terms). In many cases, this court has decided that the British government has breached the Convention. These cases have led to important changes in the law in this country.
Taking a case to the court in Strasbourg takes a long time. In almost all cases you must first take legal action in this country using the Human Rights Act before you take a case to the court in Strasbourg. You can take a case to Strasbourg only if you fail to win your case here under the Human Rights Act.
4. What can I do if I think my rights have been breached?
If you think a public authority has breached your Convention rights (or that it is going to), you can take court proceedings against them. You have to show that you have been affected by what the public authority has done or is going to do.
You can apply for a procedure called a 'judicial review' if:
* you want to challenge a decision made by a public authority; or
* you want the court to order a public authority to do something or stop doing something.
Under judicial review, a judge will look at your case and decide if the public authority has acted illegally. You have to start proceedings quickly, and at the latest within three months of the authority's decision or action you are challenging. It is important to consult a lawyer quickly and discuss the possibility of judicial review if you think that there has been a breach of your rights, because judicial review can be an effective way of challenging a decision or action, and you are more likely to get public funding (legal aid) for it than for a damages claim on its own.
If you just want compensation because your Convention rights have been breached, you can bring a claim for damages. You have to bring the case within a year of your rights being breached.
A court can award you compensation if it finds that your Convention rights have been breached. But the court may choose not to award you compensation if it decides that simply finding that your rights were breached is enough. The compensation that people have received for breaches of their Convention rights has been quite low.
You may also be able to rely on your Convention rights if you are defending yourself in court. This will happen most often in criminal cases, but it may also happen, for example, if you are:
* a council tenant and the council is trying to evict you; or
* an immigrant or asylum seeker facing deportation.
WHAT CASE ARENT COVERED BY THE HUMAN RIGHTS ACT
5. Which cases doesn't the Act cover?
Sometimes a court won't be able to do anything about your rights being breached. The Human Rights Act doesn't allow the courts to overrule an Act of Parliament. If the courts can't interpret or apply a particular Act of Parliament in a way that respects or fits in with people's Convention rights, all they can do is make what's called a 'declaration of incompatibility'. The Government and Parliament then have to decide if the law should be changed. But until or unless that happens, the courts have to apply the law as it is, even though it does not fit in with Convention rights. The courts will not be able to award you any compensation.
If you find yourself in this situation, you could think about applying to the European Court of Human Rights, because the Court in Strasbourg can award compensation.
The Human Rights Act allows people to bring a case only against an organisation that is a public authority. So a person who is employed by, for example, a local council can take proceedings against their employer, but a person who is employed by a private company cannot.
Even so, the Act affects court cases between individuals and private organisations. This is because it changes the way the courts interpret and develop the existing law. The courts are already using Article 8 of the Convention (the right to respect for private and family life) to develop a law of privacy that will affect private individuals and organisations as well as public authorities.
The roots of the Human Rights Act go back to the Second World War. After the war, the European Convention on Human Rights (often called 'the Convention') was written, setting out important basic human rights. In 2000 the Human Rights Act made the Convention part of British law.
The rights in the Convention are set out as separate 'articles'. Since the Convention was written, new 'protocols' have been added. Most of these protocols deal with procedure, but some of them add new rights to the Convention.
The European Court of Human Rights in Strasbourg was set up to consider cases brought by people who claim that their rights under the Convention have been broken ('breached' in legal terms). In many cases, this court has decided that the British government has breached the Convention. These cases have led to important changes in the law in this country.
Taking a case to the court in Strasbourg takes a long time. In almost all cases you must first take legal action in this country using the Human Rights Act before you take a case to the court in Strasbourg. You can take a case to Strasbourg only if you fail to win your case here under the Human Rights Act.
4. What can I do if I think my rights have been breached?
If you think a public authority has breached your Convention rights (or that it is going to), you can take court proceedings against them. You have to show that you have been affected by what the public authority has done or is going to do.
You can apply for a procedure called a 'judicial review' if:
* you want to challenge a decision made by a public authority; or
* you want the court to order a public authority to do something or stop doing something.
Under judicial review, a judge will look at your case and decide if the public authority has acted illegally. You have to start proceedings quickly, and at the latest within three months of the authority's decision or action you are challenging. It is important to consult a lawyer quickly and discuss the possibility of judicial review if you think that there has been a breach of your rights, because judicial review can be an effective way of challenging a decision or action, and you are more likely to get public funding (legal aid) for it than for a damages claim on its own.
If you just want compensation because your Convention rights have been breached, you can bring a claim for damages. You have to bring the case within a year of your rights being breached.
A court can award you compensation if it finds that your Convention rights have been breached. But the court may choose not to award you compensation if it decides that simply finding that your rights were breached is enough. The compensation that people have received for breaches of their Convention rights has been quite low.
You may also be able to rely on your Convention rights if you are defending yourself in court. This will happen most often in criminal cases, but it may also happen, for example, if you are:
* a council tenant and the council is trying to evict you; or
* an immigrant or asylum seeker facing deportation.
WHAT CASE ARENT COVERED BY THE HUMAN RIGHTS ACT
5. Which cases doesn't the Act cover?
Sometimes a court won't be able to do anything about your rights being breached. The Human Rights Act doesn't allow the courts to overrule an Act of Parliament. If the courts can't interpret or apply a particular Act of Parliament in a way that respects or fits in with people's Convention rights, all they can do is make what's called a 'declaration of incompatibility'. The Government and Parliament then have to decide if the law should be changed. But until or unless that happens, the courts have to apply the law as it is, even though it does not fit in with Convention rights. The courts will not be able to award you any compensation.
If you find yourself in this situation, you could think about applying to the European Court of Human Rights, because the Court in Strasbourg can award compensation.
The Human Rights Act allows people to bring a case only against an organisation that is a public authority. So a person who is employed by, for example, a local council can take proceedings against their employer, but a person who is employed by a private company cannot.
Even so, the Act affects court cases between individuals and private organisations. This is because it changes the way the courts interpret and develop the existing law. The courts are already using Article 8 of the Convention (the right to respect for private and family life) to develop a law of privacy that will affect private individuals and organisations as well as public authorities.
Saturday 11 August 2007
without legal protection victims will suffer
Here is a Report by BBC news
http://news.bbc.co.uk/1/hi/england/london/7895899.stm
http://news.bbc.co.uk/1/hi/england/london/7895899.stm
Friday 10 August 2007
DONT FORGET ABOUT Madeleine McCann
Thursday, 17 May 2007
DON'T FORGET ABOUT MADELEINE McCANN
Madeleine's parents launch video appeal 'Don't forget about me'.
View the video on the Sky News Website.
Any ideas on how to help with the
search???????
Email: campaign@bringmadeleinehome.com
Posted by Lou at 11:07
Labels: Madeleine McCann, Sky News, video appeal
4 Comments:
Anonymous said...
For the McCann family .. As with milions of others, as a Mother and Grandmother, my thoughts, my prayers for the safe return of your beautiful child ..
Again, I have been, like millions of well-wishers I suspect, 150% impressed by the incredible bravery shown by Madeleine's parents who have to deal, not only with their fears and hopes in the face of a very person tragedy, but with the world press [with hopeful and helpful intentions I am sure] camping on their doorstep and filming every movement.
Let us hope that so many, many, well wishers can indeed help find Madeleine.
18 May 2007 11:39
kim said...
finally, someone who really knows!
24 July 2007 14:16
kim said...
finally, an expert
http://www.travelblog.org/Europe/Portugal/Algarve/blog-184126.html
24 July 2007 14:17
Anonymous said...
What a load of bollox THAT is.
24 July 2007 16:16
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BEEN MISSING FOR: 99 days.
THIS IS THE LAST PHOTOGRAPH TAKEN OF MADELEINE BEFORE HER ABDUCTION IN PRAIA DA LUZ, PORTUGAL ON 3RD MAY 2007. THE PICTURE IS OF MADELEINE SITTING BY THE SWIMMING POOL ON THE DAY SHE WAS ABDUCTED FROM HER BED. LESS THAN EIGHT HOURS LATER, AROUND 10PM THAT NIGHT, MADELEINE DISAPPEARED.
MADELEINE WAS WEARING DISNEY EEYORE PYJAMAS THE NIGHT SHE WAS ABDUCTED. THE PYJAMA TOP IS LIGHT PINK WITH SHORT SLEEVES & HAS A PICTURE OF EEYORE ON THE FRONT WITH THE WORDS "Sleepy Eeyore" WRITTEN UNDERNEATH. THE BOTTOMS ARE WHITE, COVERED WITH SMALL FLOWER MOTIFS & ANOTHER EEYORE MOTIF ON THE RIGHT LEG.
MADELEINE'S DESCRIPTION
MADELEINE HAS BLONDE STRAIGHT HAIR AND BLUE/GREEN EYES. HER RIGHT EYE IS VERY DISTINCTIVE; THE PUPIL RUNS INTO THE IRIS (SEE BELOW PICTURE). SHE IS 90 CM TALL (2'11") AND IS NOW 4 YEARS OLD.
VISIT THE OFFICIAL 'FIND MADELEINE' WEBSITE HER
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HELP FIND MADELEINE MCCANN
British 3 year old Madeleine McCann was taken by an unknown abductor in the holiday resort of Praia da Luz, Portugal on the evening of Thursday 3rd May 2007. She has not yet been found and may now be anywhere in Europe. Please look closely at her photos and help find this little girl. THE OFFICIAL McCANN FAMILY WEBSITE CAN BE FOUND AT WWW.FINDMADELEINE.COM
MADELEINE HAS NOW BEEN MISSING FOR: 99 days.
MADELEINE McCANN MISSING IN PORTUGAL. HAVE YOU SEEN HER?
MADELEINE McCANN DESAPARECEU EM PORTUGAL. TEM INFORMACOES SOBRE O SEU PARADEIRO?
L'AVEZ-VOUS VUE ?
HABEN SIE SIE GESEHEN?
ВЫ ВИДЕЛИ ЕЕ?
HEBT U HAAR GEZIEN?
LA AVETE VISTA?
您看见了她吗?
TRANSLATE THIS PAGE
Babel Fish Translation
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'MADELEINE'S FUND: LEAVING NO STONE UNTURNED' WAS SET UP ON 17TH MAY '07 AND CURRENTLY STANDS AT £946,843.92
MAKE A DONATION TODAY AND HELP FUND THE RESOURCES NEEDED TO REUNITE MADELEINE WITH HER FAMILY. FURTHER DETAILS OF THE OFFICIAL FUND CAN BE FOUND HERE.
HELP KEEP MADELEINE'S IMAGE IN THE PUBLIC EYE. DO YOU HAVE A BLOG OR A WEBSITE? PLEASE DISPLAY A PHOTO OF MADELEINE ON YOUR FRONT PAGE.
DOWNLOAD AND DISPLAY POSTERS OR WEAR/DISPLAY A RIBBON TO SHOW YOUR SUPPORT.
DO YOU HAVE ANY NEW IDEAS ON HOW TO HELP FIND MADELEINE? EMAIL THE OFFICIAL CAMPAIGN campaign@bringmadeleinehome.com
VISIT THE OFFICIAL 'FIND MADELEINE' WEBSITE
"A LOT OF PEOPLE HAVE BEEN ASKING WHAT THEY CAN DO TO MAINTAIN THE SEARCH FOR MADELEINE.
THE ADVICE WE HAVE HAD CONSISTENTLY FROM THE BEGINNING, AND VERY MUCH RE-EMPHASISED BY THE EXPERIENCE OF THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN IS TO MAINTAIN A HIGH PROFILE FOR THE MISSING CHILD.
THIS CAN BE ACHIEVED BY RELATIVELY SIMPLE MEASURES SUCH AS DISPLAYING POSTERS IN PROMINENT PUBLIC PLACES. WE ASK PEOPLE TO CONTINUE DOWNLOADING POSTERS FROM THE WEBSITE AND DISPLAY THEM AT BUS STATIONS, TRAIN STATIONS AND OF COURSE TAKE THEM ON HOLIDAY.
KATE AND I WOULD LIKE TO THANK EVERYONE WHO DESPERATELY WANTS US TO BE REUNITED WITH MADELEINE AND HAVE HELPED IN THIS REGARD."
DON'T FORGET ABOUT MADELEINE McCANN
Madeleine's parents launch video appeal 'Don't forget about me'.
View the video on the Sky News Website.
Any ideas on how to help with the
search???????
Email: campaign@bringmadeleinehome.com
Posted by Lou at 11:07
Labels: Madeleine McCann, Sky News, video appeal
4 Comments:
Anonymous said...
For the McCann family .. As with milions of others, as a Mother and Grandmother, my thoughts, my prayers for the safe return of your beautiful child ..
Again, I have been, like millions of well-wishers I suspect, 150% impressed by the incredible bravery shown by Madeleine's parents who have to deal, not only with their fears and hopes in the face of a very person tragedy, but with the world press [with hopeful and helpful intentions I am sure] camping on their doorstep and filming every movement.
Let us hope that so many, many, well wishers can indeed help find Madeleine.
18 May 2007 11:39
kim said...
finally, someone who really knows!
24 July 2007 14:16
kim said...
finally, an expert
http://www.travelblog.org/Europe/Portugal/Algarve/blog-184126.html
24 July 2007 14:17
Anonymous said...
What a load of bollox THAT is.
24 July 2007 16:16
Post a Comment
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BEEN MISSING FOR: 99 days.
THIS IS THE LAST PHOTOGRAPH TAKEN OF MADELEINE BEFORE HER ABDUCTION IN PRAIA DA LUZ, PORTUGAL ON 3RD MAY 2007. THE PICTURE IS OF MADELEINE SITTING BY THE SWIMMING POOL ON THE DAY SHE WAS ABDUCTED FROM HER BED. LESS THAN EIGHT HOURS LATER, AROUND 10PM THAT NIGHT, MADELEINE DISAPPEARED.
MADELEINE WAS WEARING DISNEY EEYORE PYJAMAS THE NIGHT SHE WAS ABDUCTED. THE PYJAMA TOP IS LIGHT PINK WITH SHORT SLEEVES & HAS A PICTURE OF EEYORE ON THE FRONT WITH THE WORDS "Sleepy Eeyore" WRITTEN UNDERNEATH. THE BOTTOMS ARE WHITE, COVERED WITH SMALL FLOWER MOTIFS & ANOTHER EEYORE MOTIF ON THE RIGHT LEG.
MADELEINE'S DESCRIPTION
MADELEINE HAS BLONDE STRAIGHT HAIR AND BLUE/GREEN EYES. HER RIGHT EYE IS VERY DISTINCTIVE; THE PUPIL RUNS INTO THE IRIS (SEE BELOW PICTURE). SHE IS 90 CM TALL (2'11") AND IS NOW 4 YEARS OLD.
VISIT THE OFFICIAL 'FIND MADELEINE' WEBSITE HER
RELATED WEBSITES
* THE OFFICIAL WEBSITE
* CRIMESTOPPERS
* INTERPOL
* CEOP - Upload images
* VIRTUAL GLOBAL TASKFORCE
* PORTUGUESE POLICE
* SKY NEWS WEBSITE - MADELEINE
* LIFE OF CRIME BLOG (SKY NEWS)
* MISSINGKIDS.CO.UK
* CHILD RESCUE ALERT
* NEWS OF THE WORLD REWARD
* ENFANTS KIDNAPPES - ASSOCIATION OF KIDNAPPED CHILDREN IN EUROPE
* INTERNATIONAL REWARDS CENTRE - MADELEINE LATEST NEWS UPDATE
* CHILD FOCUS - EUROPEAN CENTRE FOR MISSING & SEXUALLY EXPLOITED CHILDREN
* HELP FIND MADELEINE
* MADDIE FLASH VIDEO
* FIND MADDY
* MADELEINE McCANN BLOGSPOT
* MADELEINE McCANN APPEAL
* MADELEINE McCANN.NET
* THE NIGHTMARE OF THE McCANNS
* SOS MADDIE - FRENCH BLOG
* HELP FIND MADDIE BLOGSPOT
* MISSING PERSONS BLOG
* FUND RAISING EFFORTS ON EBAY
* DONNINGTON PARK FUND RAISER DETAILS
HELP FIND MADELEINE MCCANN
British 3 year old Madeleine McCann was taken by an unknown abductor in the holiday resort of Praia da Luz, Portugal on the evening of Thursday 3rd May 2007. She has not yet been found and may now be anywhere in Europe. Please look closely at her photos and help find this little girl. THE OFFICIAL McCANN FAMILY WEBSITE CAN BE FOUND AT WWW.FINDMADELEINE.COM
MADELEINE HAS NOW BEEN MISSING FOR: 99 days.
MADELEINE McCANN MISSING IN PORTUGAL. HAVE YOU SEEN HER?
MADELEINE McCANN DESAPARECEU EM PORTUGAL. TEM INFORMACOES SOBRE O SEU PARADEIRO?
L'AVEZ-VOUS VUE ?
HABEN SIE SIE GESEHEN?
ВЫ ВИДЕЛИ ЕЕ?
HEBT U HAAR GEZIEN?
LA AVETE VISTA?
您看见了她吗?
TRANSLATE THIS PAGE
Babel Fish Translation
HOW YOU CAN HELP...
IF YOU HAVE ANY INFORMATION REGARDING MADELEINE PLEASE CALL:
PORTUGUESE POLICE
00351 282 405 400
CRIMESTOPPERS
0800 555 111
INT'L CRIMESTOPPERS
0044 18 83 73 13 36
OR CONTACT YOUR LOCAL POLICE
IF YOU WERE IN PRAIA DA LUZ, PORTUGAL OR THE SURROUNDING AREA IN THE TWO WEEKS LEADING UP TO MADELEINE'S DISAPPEARANCE AND HAVE TAKEN ANY PHOTOGRAPHS WITH PEOPLE IN THEM THAT YOU DO NOT RECOGNISE, UPLOAD THEM AT CEOP.
'MADELEINE'S FUND: LEAVING NO STONE UNTURNED' WAS SET UP ON 17TH MAY '07 AND CURRENTLY STANDS AT £946,843.92
MAKE A DONATION TODAY AND HELP FUND THE RESOURCES NEEDED TO REUNITE MADELEINE WITH HER FAMILY. FURTHER DETAILS OF THE OFFICIAL FUND CAN BE FOUND HERE.
HELP KEEP MADELEINE'S IMAGE IN THE PUBLIC EYE. DO YOU HAVE A BLOG OR A WEBSITE? PLEASE DISPLAY A PHOTO OF MADELEINE ON YOUR FRONT PAGE.
DOWNLOAD AND DISPLAY POSTERS OR WEAR/DISPLAY A RIBBON TO SHOW YOUR SUPPORT.
DO YOU HAVE ANY NEW IDEAS ON HOW TO HELP FIND MADELEINE? EMAIL THE OFFICIAL CAMPAIGN campaign@bringmadeleinehome.com
VISIT THE OFFICIAL 'FIND MADELEINE' WEBSITE
"A LOT OF PEOPLE HAVE BEEN ASKING WHAT THEY CAN DO TO MAINTAIN THE SEARCH FOR MADELEINE.
THE ADVICE WE HAVE HAD CONSISTENTLY FROM THE BEGINNING, AND VERY MUCH RE-EMPHASISED BY THE EXPERIENCE OF THE NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN IS TO MAINTAIN A HIGH PROFILE FOR THE MISSING CHILD.
THIS CAN BE ACHIEVED BY RELATIVELY SIMPLE MEASURES SUCH AS DISPLAYING POSTERS IN PROMINENT PUBLIC PLACES. WE ASK PEOPLE TO CONTINUE DOWNLOADING POSTERS FROM THE WEBSITE AND DISPLAY THEM AT BUS STATIONS, TRAIN STATIONS AND OF COURSE TAKE THEM ON HOLIDAY.
KATE AND I WOULD LIKE TO THANK EVERYONE WHO DESPERATELY WANTS US TO BE REUNITED WITH MADELEINE AND HAVE HELPED IN THIS REGARD."
Monday 6 August 2007
YOUR HUMAN RIGHTS UNDER SECTION OF MHA 1983
Sections
How to Get Redress
The Right to Privacy
The Right to Know
The Rights of Suspects
The Rights of Defendants
The Rights of Prisoners
The Rights of Victims and Witnesses
The Right of Peaceful Protest
The Right of Free Expression
The Right to Receive Equal Treatment
The Rights of Immigrants
The Rights of Travellers
The Rights of Workers
The Rights of People Detained under the Mental Health Act 1983
The Rights of Children and Young People
The Rights of the Bereaved
> Rights of People Detained Under the Mental Health Act > Rights in Hospital
Rights in Hospital
Property and Finance
Under existing law, all adults are presumed to have the capacity to manage their own affairs unless the contrary is shown. The fact that a person is detained in hospital under the Mental Health Act does not mean that he or she is incapable of managing his or her personal or financial matters. If a person is considered to be incapable of managing his or her own financial affairs, an application can be made to the Court of Protection to appoint a receiver to do so.
The Right to Receive Visitors
Detained patients have the right to be visited by their friends and family. The Code of Practice makes it clear that visitors should only be excluded in limited, and clearly documented, circumstances. Such circumstances could include cases where the visit is likely to cause a deterioration of the patient’s mental health or where there are concerns that the visitor may bring illicit drugs into the hospital.
Where such visits are refused, this must be justified under Article 8 of the Convention on the ground that the refusal is in the interests of public safety, preventing crime and disorder and protecting the health, rights and freedoms of others.
Correspondence
The MHA provides that if there has been a written request by the recipient, postal packets sent by a detained patient may be withheld.
For patients detained in the high security hospitals (Broadmoor, Rampton and Ashworth) the MHA provides for further potential restrictions on correspondence. Postal packets sent by such patients may be withheld from the addressee if the managers of the hospital consider that the postal packet is likely to cause distress to the addressee or others (not including members of staff of the hospital) or danger to any person. The MHA also states that post sent to such patients may be withheld from them if it is necessary to do so in the interests of the safety of the patient or the protection of other persons. These restrictions do not apply to correspondence between the patient and certain recipients, such as a Member of Parliament, the patient’s legal adviser and the MHRT.
Voting
The Representation of the People Act 2000 removed the bar on the use of a psychiatric hospital address for registration purposes and thus the bar on detained mental patients voting. The removal of this restriction enables both voluntary and detained civil patients to register to vote either at that address or another address with which they have a local connection. However, this Act also introduced a ban on voting for those detained in hospital via the criminal courts.
Complaints
Detained patients who are not happy with their care and treatment can make a complaint under the National Health Service (NHS) complaints procedure. If they are not happy with the hospital’s response they can ask the MHAC to investigate their complaint.
Definition of Mental Disorder
‘Mental disorder’ is defined as:
‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind.’
Mental illness is not defined in the Mental Health Act and the courts have considered a definition unnecessary, suggesting that the test should be what the ordinary sensible person would decide on a case-by-case basis. The conditions which are generally accepted as falling under the category of ‘mental illness’ include schizophrenia and mood disorders. Most admissions under the MHA requiring the category of mental disorder to be specified are admissions of individuals with a diagnosis of a mental illness.
The MHA defines three other forms of mental disorder:
* Severe mental impairment: ‘a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
* Mental impairment: ‘a state of arrested or incomplete development of mind (not amounting to a severe mental impairment) which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
* Psychopathic disorder: ‘a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
The European Court of Human Rights (ECHR) in the case of Hutchison Reid v United Kingdom recently established that detention could be lawful even where the patient is suffering from a psychopathic disorder that cannot be treated in hospital.
The Mental Health Act states that a person cannot be treated as mentally disordered solely on the grounds of ‘promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.’
The terms used in the Mental Health Act are legal, not medical, categories. While recognising these terms have no legal meaning in the context of the Mental Health Act, many people, in particular people who use mental health services, prefer terms such as ‘mental health problems’ and ‘mental distress’ when describing their experience.
Your Rights to Protection
Following a crime, various forms of protection are available to victims, witnesses and their families.
Where there is victim or witness intimidation or a history of repeated offences, the police can decide to provide protection through provision of panic alarms, mobile phones, telephone link lines from your home direct to the police station, increased police patrols or 24 hour surveillance. In extreme cases they can provide protective custody, short or long term relocation or even a change of identity.
There are a number of recommendations in Speaking up for Justice - the Report of the Interdepartmental Working Group on the Treatment of Vulnerable or Intimidated Witnesses in the Criminal Justice System published by the Home Office in June 1998 - which relate to protection for vulnerable and intimidated witnesses, including developing protocols regarding witness intimidation and witness protection, the use of bail conditions and ensuring witnesses know of these, the installation of panic alarms, security lighting or home-based CCTV and the opportunity for a temporary or permanent housing transfer.
~ Domestic Violence
~ Human Rights Act Implications for Protection
Mental Health Act 2007
Mental Health Bill: latest newsletter, 27 June 2007
As promised, I am writing again now that the Bill has completed its passage through the Commons. I can best summarise the experience as being interesting but frustrating. The second reading debate was, in many ways, similar to debates in the Lords. The College submitted a briefing to MPs which is on the College website. The debate was uneventful.
Committee stage in the Commons has recently changed. Since January 1st all Public Bills are put through what is called a “public bill” committee. These committees are permitted to take written and, if they wish, oral evidence. Prior to this, committee consisted solely of the discussion of the Bill by selected members of parliament. We were somewhat surprised when it was announced that the Mental Health Bill would go before such a committee because it was introduced in November 2006. Again the College submitted evidence which is on our website. The committee did not take oral evidence.
The committee consisted of twelve Labour MPs, six Conservatives, two Liberal-Democrats and one Plaid Cymru. The MPs are hand-picked by their parties. In the Lords the opposition is permitted to have its own advisors on the floor of the chamber, so that all parties have access to advice and briefing in support of their side’s amendments. There is no such equality in the Commons. “In-flight refuelling”, as it was described by one MP, is only readily available for the government. It was very frustrating sitting a few feet from MPs as they discussed, for example, an amendment to reduce the ‘3 month rule’ (in relation to medication) to 2 months. They exchanged views on how long it takes for anti-depressant medication to work, from an acknowledged position of ignorance, whilst I had to sit mute (not a strength of mine at any time). Even more frustrating was the fact that the debates appeared to be largely pointless. There were twelve sessions of committee taking up significant parliamentary time (not to mention the time of those of us watching the proceedings) and yet when it came to voting every MP, no matter what views they had expressed, voted along with their party. In terms of bringing about change to the provisions of the bill it could all have been done and dusted within an hour. I was reminded of a line from the operetta Iolanthe (Gilbert and Sullivan) “they leave their brains outside and vote just as their leaders tell them to”. Actually that’s rather unfair, points expressed sometimes formed the basis for further debate and amendment.
Amongst many other amendments, we joined the BMA in tabling what is called a ‘probing amendment’ to explore issues relating to whether or not the Responsible Clinician needs to be able to provide objective medical expertise of mental disorder (in order to be able to keep under review whether or not the detained patient meets the criteria for detention as set out in Winterwerp v the Netherlands). The government majority defeated it.
The bottom line, as they say, is that the only changes made during this time were to remove every one of the Lord’s amendments and return the bill to its original provisions.
It was at the end of committee that five organisations (out of eighty) suspended their membership of the Alliance. I have previously posted a statement about this on the College website and so will not repeat the issues here.
The Bill then went to Report stage and Third reading. For the first time all MPs have a chance to vote. And it was around here that I really began to struggle. An amending Bill is very difficult to read. New clauses (clauses are what sections are called before the Bill becomes an Act) are relatively easy, apart from the convoluted legal language and their length (the new clause on victims’ rights is 10 pages long). The amendments however read something like this “Page 32, Line 4 (Clause 32), leave out from ‘subsection’ to line 5 and insert ‘(1A)(inserted by section 28 of this Act) insert- “(1B) ‘. Unless you know every word of the Act you need to look this up. Now amendments tabled during the passage of the Bill obviously amend the Bill, not the original Act. So, when you turn to the Bill you find, “page 14, line 42 leave out ‘36A’ and substitute ‘may make provision subject to specified conditions’ (this is a fictional, but realistic example). To make matters worse the Bill is reprinted after each stage, incorporating any changes made in the previous stage. It is, therefore, essential to have the latest version of the Bill, and the original Act alongside you when trying to get to grips with what the amendments mean. For Report stage the government alone tabled 60 amendments (the total tabled was double this, along with nearly 30 new clauses).
Enough chatter. The headline changes:
1. All the Lords changes, except those introduced by the government (of course), have been reversed. Exclusions, impaired decision-making, ‘treatability’, renewal, age appropriate services and personnel (CAMHS) and the restrictions to CTOs were all removed in committee.
However statements were made in committee and negotiations have taken place. There have been numerous small changes made. The big issues are:
1. Appropriate treatment will be defined in section 145: Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
1. All patients on a substantive section will have the right to the help of a mental health advocate.
1. Ensuring the patient receives medical treatment
2. Preventing risk of harm to the patient’s health or safety
3. Protecting other persons
2. Victims rights enhanced (Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 amended).
And so back to the Lords on July 2nd. The potential for further change is now reduced. The Lords are only permitted to amend clauses which are new, or have been amended, since the Bill left their Lordships house first time round. If the Lords change anything it’s back to the Commons – and so on, until both Houses agree. This part of the parliamentary process is called ‘ping-pong’.
I have been asked several times if I think the Bill will complete its passage through Parliament. Because the Bill started in the Lords, the Parliament Act can’t be used. Furthermore, the Bill can’t be carried over to the next session (i.e. beyond the Queen’s speech in November. In other words the Bill could, in theory, fall. However I think this extremely unlikely. We will have a ‘Mental Health Act 2007’ (as it will be called).
How to Get Redress
The Right to Privacy
The Right to Know
The Rights of Suspects
The Rights of Defendants
The Rights of Prisoners
The Rights of Victims and Witnesses
The Right of Peaceful Protest
The Right of Free Expression
The Right to Receive Equal Treatment
The Rights of Immigrants
The Rights of Travellers
The Rights of Workers
The Rights of People Detained under the Mental Health Act 1983
The Rights of Children and Young People
The Rights of the Bereaved
> Rights of People Detained Under the Mental Health Act > Rights in Hospital
Rights in Hospital
Property and Finance
Under existing law, all adults are presumed to have the capacity to manage their own affairs unless the contrary is shown. The fact that a person is detained in hospital under the Mental Health Act does not mean that he or she is incapable of managing his or her personal or financial matters. If a person is considered to be incapable of managing his or her own financial affairs, an application can be made to the Court of Protection to appoint a receiver to do so.
The Right to Receive Visitors
Detained patients have the right to be visited by their friends and family. The Code of Practice makes it clear that visitors should only be excluded in limited, and clearly documented, circumstances. Such circumstances could include cases where the visit is likely to cause a deterioration of the patient’s mental health or where there are concerns that the visitor may bring illicit drugs into the hospital.
Where such visits are refused, this must be justified under Article 8 of the Convention on the ground that the refusal is in the interests of public safety, preventing crime and disorder and protecting the health, rights and freedoms of others.
Correspondence
The MHA provides that if there has been a written request by the recipient, postal packets sent by a detained patient may be withheld.
For patients detained in the high security hospitals (Broadmoor, Rampton and Ashworth) the MHA provides for further potential restrictions on correspondence. Postal packets sent by such patients may be withheld from the addressee if the managers of the hospital consider that the postal packet is likely to cause distress to the addressee or others (not including members of staff of the hospital) or danger to any person. The MHA also states that post sent to such patients may be withheld from them if it is necessary to do so in the interests of the safety of the patient or the protection of other persons. These restrictions do not apply to correspondence between the patient and certain recipients, such as a Member of Parliament, the patient’s legal adviser and the MHRT.
Voting
The Representation of the People Act 2000 removed the bar on the use of a psychiatric hospital address for registration purposes and thus the bar on detained mental patients voting. The removal of this restriction enables both voluntary and detained civil patients to register to vote either at that address or another address with which they have a local connection. However, this Act also introduced a ban on voting for those detained in hospital via the criminal courts.
Complaints
Detained patients who are not happy with their care and treatment can make a complaint under the National Health Service (NHS) complaints procedure. If they are not happy with the hospital’s response they can ask the MHAC to investigate their complaint.
Definition of Mental Disorder
‘Mental disorder’ is defined as:
‘mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of the mind.’
Mental illness is not defined in the Mental Health Act and the courts have considered a definition unnecessary, suggesting that the test should be what the ordinary sensible person would decide on a case-by-case basis. The conditions which are generally accepted as falling under the category of ‘mental illness’ include schizophrenia and mood disorders. Most admissions under the MHA requiring the category of mental disorder to be specified are admissions of individuals with a diagnosis of a mental illness.
The MHA defines three other forms of mental disorder:
* Severe mental impairment: ‘a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
* Mental impairment: ‘a state of arrested or incomplete development of mind (not amounting to a severe mental impairment) which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
* Psychopathic disorder: ‘a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the person concerned.’
The European Court of Human Rights (ECHR) in the case of Hutchison Reid v United Kingdom recently established that detention could be lawful even where the patient is suffering from a psychopathic disorder that cannot be treated in hospital.
The Mental Health Act states that a person cannot be treated as mentally disordered solely on the grounds of ‘promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.’
The terms used in the Mental Health Act are legal, not medical, categories. While recognising these terms have no legal meaning in the context of the Mental Health Act, many people, in particular people who use mental health services, prefer terms such as ‘mental health problems’ and ‘mental distress’ when describing their experience.
Your Rights to Protection
Following a crime, various forms of protection are available to victims, witnesses and their families.
Where there is victim or witness intimidation or a history of repeated offences, the police can decide to provide protection through provision of panic alarms, mobile phones, telephone link lines from your home direct to the police station, increased police patrols or 24 hour surveillance. In extreme cases they can provide protective custody, short or long term relocation or even a change of identity.
There are a number of recommendations in Speaking up for Justice - the Report of the Interdepartmental Working Group on the Treatment of Vulnerable or Intimidated Witnesses in the Criminal Justice System published by the Home Office in June 1998 - which relate to protection for vulnerable and intimidated witnesses, including developing protocols regarding witness intimidation and witness protection, the use of bail conditions and ensuring witnesses know of these, the installation of panic alarms, security lighting or home-based CCTV and the opportunity for a temporary or permanent housing transfer.
~ Domestic Violence
~ Human Rights Act Implications for Protection
Mental Health Act 2007
Mental Health Bill: latest newsletter, 27 June 2007
As promised, I am writing again now that the Bill has completed its passage through the Commons. I can best summarise the experience as being interesting but frustrating. The second reading debate was, in many ways, similar to debates in the Lords. The College submitted a briefing to MPs which is on the College website. The debate was uneventful.
Committee stage in the Commons has recently changed. Since January 1st all Public Bills are put through what is called a “public bill” committee. These committees are permitted to take written and, if they wish, oral evidence. Prior to this, committee consisted solely of the discussion of the Bill by selected members of parliament. We were somewhat surprised when it was announced that the Mental Health Bill would go before such a committee because it was introduced in November 2006. Again the College submitted evidence which is on our website. The committee did not take oral evidence.
The committee consisted of twelve Labour MPs, six Conservatives, two Liberal-Democrats and one Plaid Cymru. The MPs are hand-picked by their parties. In the Lords the opposition is permitted to have its own advisors on the floor of the chamber, so that all parties have access to advice and briefing in support of their side’s amendments. There is no such equality in the Commons. “In-flight refuelling”, as it was described by one MP, is only readily available for the government. It was very frustrating sitting a few feet from MPs as they discussed, for example, an amendment to reduce the ‘3 month rule’ (in relation to medication) to 2 months. They exchanged views on how long it takes for anti-depressant medication to work, from an acknowledged position of ignorance, whilst I had to sit mute (not a strength of mine at any time). Even more frustrating was the fact that the debates appeared to be largely pointless. There were twelve sessions of committee taking up significant parliamentary time (not to mention the time of those of us watching the proceedings) and yet when it came to voting every MP, no matter what views they had expressed, voted along with their party. In terms of bringing about change to the provisions of the bill it could all have been done and dusted within an hour. I was reminded of a line from the operetta Iolanthe (Gilbert and Sullivan) “they leave their brains outside and vote just as their leaders tell them to”. Actually that’s rather unfair, points expressed sometimes formed the basis for further debate and amendment.
Amongst many other amendments, we joined the BMA in tabling what is called a ‘probing amendment’ to explore issues relating to whether or not the Responsible Clinician needs to be able to provide objective medical expertise of mental disorder (in order to be able to keep under review whether or not the detained patient meets the criteria for detention as set out in Winterwerp v the Netherlands). The government majority defeated it.
The bottom line, as they say, is that the only changes made during this time were to remove every one of the Lord’s amendments and return the bill to its original provisions.
It was at the end of committee that five organisations (out of eighty) suspended their membership of the Alliance. I have previously posted a statement about this on the College website and so will not repeat the issues here.
The Bill then went to Report stage and Third reading. For the first time all MPs have a chance to vote. And it was around here that I really began to struggle. An amending Bill is very difficult to read. New clauses (clauses are what sections are called before the Bill becomes an Act) are relatively easy, apart from the convoluted legal language and their length (the new clause on victims’ rights is 10 pages long). The amendments however read something like this “Page 32, Line 4 (Clause 32), leave out from ‘subsection’ to line 5 and insert ‘(1A)(inserted by section 28 of this Act) insert- “(1B) ‘. Unless you know every word of the Act you need to look this up. Now amendments tabled during the passage of the Bill obviously amend the Bill, not the original Act. So, when you turn to the Bill you find, “page 14, line 42 leave out ‘36A’ and substitute ‘may make provision subject to specified conditions’ (this is a fictional, but realistic example). To make matters worse the Bill is reprinted after each stage, incorporating any changes made in the previous stage. It is, therefore, essential to have the latest version of the Bill, and the original Act alongside you when trying to get to grips with what the amendments mean. For Report stage the government alone tabled 60 amendments (the total tabled was double this, along with nearly 30 new clauses).
Enough chatter. The headline changes:
1. All the Lords changes, except those introduced by the government (of course), have been reversed. Exclusions, impaired decision-making, ‘treatability’, renewal, age appropriate services and personnel (CAMHS) and the restrictions to CTOs were all removed in committee.
However statements were made in committee and negotiations have taken place. There have been numerous small changes made. The big issues are:
1. Appropriate treatment will be defined in section 145: Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
1. All patients on a substantive section will have the right to the help of a mental health advocate.
1. Ensuring the patient receives medical treatment
2. Preventing risk of harm to the patient’s health or safety
3. Protecting other persons
2. Victims rights enhanced (Chapter 2 of Part 3 of the Domestic Violence, Crime and Victims Act 2004 amended).
And so back to the Lords on July 2nd. The potential for further change is now reduced. The Lords are only permitted to amend clauses which are new, or have been amended, since the Bill left their Lordships house first time round. If the Lords change anything it’s back to the Commons – and so on, until both Houses agree. This part of the parliamentary process is called ‘ping-pong’.
I have been asked several times if I think the Bill will complete its passage through Parliament. Because the Bill started in the Lords, the Parliament Act can’t be used. Furthermore, the Bill can’t be carried over to the next session (i.e. beyond the Queen’s speech in November. In other words the Bill could, in theory, fall. However I think this extremely unlikely. We will have a ‘Mental Health Act 2007’ (as it will be called).
NEW RIGHTS OF VICTIMS TO BE HEARD
Home» Resources » New policy on the rights of victims to be heard at tribunal hearings
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21/03/07 MHRT Supplementary Guidance on Victims Policy
MHRT Supplementary Guidance on Victims Policy (PDF 13KB)
29/07/05 MHRT announces new policy on the rights of victims to be heard at tribunal hearings
Following extensive discussions with the Home Office, the Lord Chancellor, the Department of Health, and representatives of Victims’ Organisations, the MHRT is publishing today its new policy setting out the rights of victims to access tribunal hearings. The new policy is contained in the attached word file.
Older patients' rights 'abused'
Older couple
Older people may face discrimination
Many hospitals and care homes are failing to protect the human rights of older people in their care, a report by MPs and peers warns.
The Select Committee on Human Rights highlighted the fact that 21% of facilities failed to meet even minimum standards on dignity and privacy.
It uncovered evidence of neglect, abuse, discrimination and unfair treatment of frail older people.
The government said reforms would be driven through.
The committee heard evidence of care home residents being left lying in their own urine or excrement.
Their report argued that existing legislation was lacking and should be beefed up to offer older people in care more protection. An "entire culture change" was needed, it said.
ONE WOMAN'S EXPERIENCE
"I went to visit my husband on the first day. When I went in he was almost in tears.
He said: "Please, please go and get a bottle. I am nearly wetting myself."
I rushed out. I got a bottle and I said to him: "Well, why didn't you just ring the nurse?"
He said: "I have. For an hour and a half I've been asking for a bottle."
When I went out and told the nurse she said "Oh, don't worry, we would have changed the sheets."
His dignity at that stage would have gone out of the window."
'My father was neglected'
It criticised the failure of the Department of Health and Ministry of Justice to give leadership and guidance to health and residential care services providers.
And it warned that age discrimination persists in hospitals and care homes in more subtle and indirect ways than in the past.
MPs and peers said the new Commission for Equality and Human Rights should monitor the situation, and ensure older people were treated properly.
There was also a need for a system to allow complaints to be investigated by an independent third party.
'Betrayal of trust'
Committee chairman Andrew Dismore said: "Neglect and ill-treatment of the elderly is a severe abuse of human rights.
"It is a serious betrayal of trust by the very people upon whom older people depend for care.
"We must see a complete change of culture in the health and care services."
Mr Dismore said the Human Rights Act, which came into force seven years ago, was supposed to protect the most vulnerable, but had failed to become a catalyst for positive change.
"I look forward to the day when I walk into a hospital or care home and when I see the usual sign about the staff having the right to be treated with dignity and respect, there is added on to it 'and so do you, the patients and relatives' - or better still, it's the other way around."
Shameful treatment
Kate Jopling, of the charity Help the Aged, said the report had "lifted the lid on the shameful treatment" of older people by health and care services.
She said: "Far from tending to the needs of the most vulnerable, too often these services fail to even respect older people's most basic human rights."
"Surely the shocking examples highlighted by this report provide all the evidence this government needs to justify urgent action to remedy the situation."
Gordon Lishman, of Age Concern, said: "The Department of Health must, as the Committee says, show more leadership in putting human rights at the heart of health and social care."
Health Minister Ivan Lewis said: "The government regards abuse of vulnerable and older people as unacceptable in all its forms and is determined to root it out."
"We are strengthening our leadership role and embarking on a major programme of change which will seek to address the issues raised in this report.
"This includes the integration of the inspection, regulation and complaints systems for health and social care, the review of adult protection guidance and the development of a national strategy to improve dementia services."
New procedures concerning the rights of access to MHRT hearings of victims of certain criminal offences committed by patients (PDF 48KB)
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21/03/07 MHRT Supplementary Guidance on Victims Policy
MHRT Supplementary Guidance on Victims Policy (PDF 13KB)
29/07/05 MHRT announces new policy on the rights of victims to be heard at tribunal hearings
Following extensive discussions with the Home Office, the Lord Chancellor, the Department of Health, and representatives of Victims’ Organisations, the MHRT is publishing today its new policy setting out the rights of victims to access tribunal hearings. The new policy is contained in the attached word file.
Older patients' rights 'abused'
Older couple
Older people may face discrimination
Many hospitals and care homes are failing to protect the human rights of older people in their care, a report by MPs and peers warns.
The Select Committee on Human Rights highlighted the fact that 21% of facilities failed to meet even minimum standards on dignity and privacy.
It uncovered evidence of neglect, abuse, discrimination and unfair treatment of frail older people.
The government said reforms would be driven through.
The committee heard evidence of care home residents being left lying in their own urine or excrement.
Their report argued that existing legislation was lacking and should be beefed up to offer older people in care more protection. An "entire culture change" was needed, it said.
ONE WOMAN'S EXPERIENCE
"I went to visit my husband on the first day. When I went in he was almost in tears.
He said: "Please, please go and get a bottle. I am nearly wetting myself."
I rushed out. I got a bottle and I said to him: "Well, why didn't you just ring the nurse?"
He said: "I have. For an hour and a half I've been asking for a bottle."
When I went out and told the nurse she said "Oh, don't worry, we would have changed the sheets."
His dignity at that stage would have gone out of the window."
'My father was neglected'
It criticised the failure of the Department of Health and Ministry of Justice to give leadership and guidance to health and residential care services providers.
And it warned that age discrimination persists in hospitals and care homes in more subtle and indirect ways than in the past.
MPs and peers said the new Commission for Equality and Human Rights should monitor the situation, and ensure older people were treated properly.
There was also a need for a system to allow complaints to be investigated by an independent third party.
'Betrayal of trust'
Committee chairman Andrew Dismore said: "Neglect and ill-treatment of the elderly is a severe abuse of human rights.
"It is a serious betrayal of trust by the very people upon whom older people depend for care.
"We must see a complete change of culture in the health and care services."
Mr Dismore said the Human Rights Act, which came into force seven years ago, was supposed to protect the most vulnerable, but had failed to become a catalyst for positive change.
"I look forward to the day when I walk into a hospital or care home and when I see the usual sign about the staff having the right to be treated with dignity and respect, there is added on to it 'and so do you, the patients and relatives' - or better still, it's the other way around."
Shameful treatment
Kate Jopling, of the charity Help the Aged, said the report had "lifted the lid on the shameful treatment" of older people by health and care services.
She said: "Far from tending to the needs of the most vulnerable, too often these services fail to even respect older people's most basic human rights."
"Surely the shocking examples highlighted by this report provide all the evidence this government needs to justify urgent action to remedy the situation."
Gordon Lishman, of Age Concern, said: "The Department of Health must, as the Committee says, show more leadership in putting human rights at the heart of health and social care."
Health Minister Ivan Lewis said: "The government regards abuse of vulnerable and older people as unacceptable in all its forms and is determined to root it out."
"We are strengthening our leadership role and embarking on a major programme of change which will seek to address the issues raised in this report.
"This includes the integration of the inspection, regulation and complaints systems for health and social care, the review of adult protection guidance and the development of a national strategy to improve dementia services."
New procedures concerning the rights of access to MHRT hearings of victims of certain criminal offences committed by patients (PDF 48KB)
MENTAL HEALTH ALLIANCE GROUP
mental health alliance banner
About us The Bill in Parliament Our Campaign Get Involved News Policy & Resources
* What's New
* Older News
* Government policies
* Race Equality Impact Assessment
* History of reform
* The Parliamentary Process
What's New
Rosie Winterton addresses the Mental Health Alliance rally, January 2005
Rosie Winterton addresses the Mental Health Alliance rally, January 2005
Mental Health Act passed
20 July 2007
The Mental Health Act has been passed and given Royal Assent on 19 July. The Alliance will continue to work during the consultation on the Code of Practice.
Mental Health Bill nears completion
3 July 2007
The Mental Health Bill was debated in the House of Lords yesterday evening. The House voted to keep the changes made in the House of Commons but added three new amendments:
* A respect for diversity principle which will be included in the Code of Practice.
* That renewals of detention must be agreed by the person’s responsible clinician (RC) and a professional who has been professionally involved with the patient.
* That when making a CTO the RC must have regard to the patient's history and the risk of deterioration if the patient is not detained in hospital.
The Bill is expected to return to the House of Commons for the final time next week.
Report stage in the Commons
20 June 2007
The Mental Health Bill Report Stage in the House of Commons took place on 18 and 19 June. The Hansard records of the two days are below, followed by our summary of developments.
Download Commons Report Stage Day 1 text (Word, 833 KB)
Download Commons Report Stage Day 2 text (Word, 429 KB)
The outcomes of the Report Stage are summarised below.
Advocacy
The new amendments place a duty on the Secretary of State and Welsh Ministers to make arrangements to ensure that independent mental health advocates are available to patients under the Mental Health Act.
The amendment covers all of the patients covered by our amendment except for those brought in or held in hospital under emergency powers but not yet detained (s4, s5(2) or (4), s135, s136).
The amendment covers children who are not detained but considered for ECT, which our amendment didn't cover. As a result of this, a person will never go more than 72 hours without the right to advocacy being activated.
Advocates are asked to perform the following functions - provision of information, understanding rights, help in exercising rights, the advocate needs to be independent and there is a right to see the patient in private. The patient is given information at the point of detention or as soon as practicable thereafter in all cases.
Nearest Relative
No concessions were made by the Government on nearest relative. A patient still cannot choose their nearest relative in advance - but they can apply to the county court (CC) for the displacement of their nearest relative on the grounds that they are unsuitable and seek to have them replaced with someone else.
‘Unsuitability’ covers situations where there is no effective relationship between patient and NR or the relationship has irretrievably broken down.
We will continue to hold consultations about the Code of Practice.
Patients will be advised of their rights around the CC procedure and a user friendly guide produced - but it is unclear if legal aid will be available to fund these applications.
Victim’s Rights
The Bill now extends victims' rights to information about the discharge of mentally disordered offenders and the ability to make representations to the Mental Health Review Tribunal in cases of unrestricted patients.
Electroconvulsive Therapy
Safeguards will be extended for patients receiving ECT.
Children - Age appropriate accommodation.
The change to the Bill requires hospital managers to ensure that patients under 18 who are admitted to hospital for assessment or for treatment under the legislation or who are voluntary patients are in an environment that is suitable for their age (subject to their needs).
Young People - Tribunals
Young people aged 16 and 17 will now be able to access tribunals every year, if they do not exercise their right to appeal, rather than every three years.
CTOs
An amendment has been passed that removes the list of supervised community treatment (SCT) conditions and instead makes explicit the purpose of the SCT conditions - i.e. conditions can be imposed on an order if they are necessary or appropriate to: ensure that the patient receives medical treatment; prevent risk of harm to the patient's health or safety; or protect other persons.
Treatability
An amendment laid by Chris Bryant MP (Labour) provides that any reference in the Mental Health Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
The Alliance has asked for assurances on the word manifestations.
Bournewood
The introduction of a number of new safeguards in relation to people subject to Mental Capacity Act: deprivation of liberty authorisations, including extending access to independent mental capacity advocates.
About us The Bill in Parliament Our Campaign Get Involved News Policy & Resources
* What's New
* Older News
* Government policies
* Race Equality Impact Assessment
* History of reform
* The Parliamentary Process
What's New
Rosie Winterton addresses the Mental Health Alliance rally, January 2005
Rosie Winterton addresses the Mental Health Alliance rally, January 2005
Mental Health Act passed
20 July 2007
The Mental Health Act has been passed and given Royal Assent on 19 July. The Alliance will continue to work during the consultation on the Code of Practice.
Mental Health Bill nears completion
3 July 2007
The Mental Health Bill was debated in the House of Lords yesterday evening. The House voted to keep the changes made in the House of Commons but added three new amendments:
* A respect for diversity principle which will be included in the Code of Practice.
* That renewals of detention must be agreed by the person’s responsible clinician (RC) and a professional who has been professionally involved with the patient.
* That when making a CTO the RC must have regard to the patient's history and the risk of deterioration if the patient is not detained in hospital.
The Bill is expected to return to the House of Commons for the final time next week.
Report stage in the Commons
20 June 2007
The Mental Health Bill Report Stage in the House of Commons took place on 18 and 19 June. The Hansard records of the two days are below, followed by our summary of developments.
Download Commons Report Stage Day 1 text (Word, 833 KB)
Download Commons Report Stage Day 2 text (Word, 429 KB)
The outcomes of the Report Stage are summarised below.
Advocacy
The new amendments place a duty on the Secretary of State and Welsh Ministers to make arrangements to ensure that independent mental health advocates are available to patients under the Mental Health Act.
The amendment covers all of the patients covered by our amendment except for those brought in or held in hospital under emergency powers but not yet detained (s4, s5(2) or (4), s135, s136).
The amendment covers children who are not detained but considered for ECT, which our amendment didn't cover. As a result of this, a person will never go more than 72 hours without the right to advocacy being activated.
Advocates are asked to perform the following functions - provision of information, understanding rights, help in exercising rights, the advocate needs to be independent and there is a right to see the patient in private. The patient is given information at the point of detention or as soon as practicable thereafter in all cases.
Nearest Relative
No concessions were made by the Government on nearest relative. A patient still cannot choose their nearest relative in advance - but they can apply to the county court (CC) for the displacement of their nearest relative on the grounds that they are unsuitable and seek to have them replaced with someone else.
‘Unsuitability’ covers situations where there is no effective relationship between patient and NR or the relationship has irretrievably broken down.
We will continue to hold consultations about the Code of Practice.
Patients will be advised of their rights around the CC procedure and a user friendly guide produced - but it is unclear if legal aid will be available to fund these applications.
Victim’s Rights
The Bill now extends victims' rights to information about the discharge of mentally disordered offenders and the ability to make representations to the Mental Health Review Tribunal in cases of unrestricted patients.
Electroconvulsive Therapy
Safeguards will be extended for patients receiving ECT.
Children - Age appropriate accommodation.
The change to the Bill requires hospital managers to ensure that patients under 18 who are admitted to hospital for assessment or for treatment under the legislation or who are voluntary patients are in an environment that is suitable for their age (subject to their needs).
Young People - Tribunals
Young people aged 16 and 17 will now be able to access tribunals every year, if they do not exercise their right to appeal, rather than every three years.
CTOs
An amendment has been passed that removes the list of supervised community treatment (SCT) conditions and instead makes explicit the purpose of the SCT conditions - i.e. conditions can be imposed on an order if they are necessary or appropriate to: ensure that the patient receives medical treatment; prevent risk of harm to the patient's health or safety; or protect other persons.
Treatability
An amendment laid by Chris Bryant MP (Labour) provides that any reference in the Mental Health Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
The Alliance has asked for assurances on the word manifestations.
Bournewood
The introduction of a number of new safeguards in relation to people subject to Mental Capacity Act: deprivation of liberty authorisations, including extending access to independent mental capacity advocates.
Friday 3 August 2007
useful links LIFEBOATS SERVICE
THE INDEPENDENT VICTIMS HELPLINE (UK)
Canadian Coast Guard Auxiliary
http://www.ccga-gcac.com
The official website of the Canadian Coast Guard Auxiliary(CCGA)
DGzRS
http://www.dgzrs.de
Germany's maritime rescue service
ICE-SAR
http://www.icesar.com/
Iceland's maritime rescue service
KNRM
http://www.knrm.nl
Maritime rescue service of The Netherlands
NSRI
http://www.nsri.org.za/new/default.asp
South Africa's maritime rescue service
NSSR
http://www.nssr.no
Norway's maritime rescue service
SNS
http://www.salvamento.it
Italy's maritime rescue service
SNSM
http://www.snsm.net/accueil.php
France's maritime rescue service
SSRS
http://www.ssrs.se
Sweden's maritime rescue service
US Coast Guard
http://www.uscg.mil
The official site of the US Coast Guard
USCGA
http://www.cgaux.org
US Coast Guard Auxiliary, America’s volunteer lifesavers
VISAR
http://www.visar.org
The Virgin Island's maritime rescue service
Water and beach safety
National Water Safety Forum
http://www.nationalwatersafety.org.uk
A voluntary forum giving water safety organisations a strong voice with government. Primarily concerned with preventative action and water safety education, the NWSF advises and comments on legislation
Easytide
http://easytide.ukho.gov.uk/EasyTide/EasyTide/Sele...
Online tidal predictions from the UK Hydrographic Office
National Beach Safety Council
http://www.nationalbeachsafety.org.uk
Advisory group to the National Water Safety Forum, representing beach safety organisations
Surf Life Saving Association of Great Britain
http://www.surflifesaving.org.uk
With more than 50 years experience in beach lifeguarding, the Surf Life Saving Association NARS award for beach lifeguards has international recognition and accreditation of lifeguarding awards from the International Life Saving Federation (ILS)
Royal Life Saving Society UK
http://www.lifesavers.org.uk
Respected across the world, the National Pool and Beach Lifeguard Qualifications are the UK's leading lifeguard qualifications. Visit their site for information on how to become a fully qualified lifeguard.
Good Beach Guide
http://www.goodbeachguide.co.uk
The Good Beach Guide is the biggest and best beach guide available with a description, photo and a map for each of 1,200 beaches in the UK
World water safety conference and exhibition
http://www.worldwatersafety.org
ILS World Water Safety 2007 Conference and Exhibition that will take place on 27, 28 and 29 September 2007 in Porto, Portugal
General maritime
RYA
http://www.rya.org.uk
Royal Yachting Association - promoting and protecting boating
BBC Radio Cornwall - Sea Sense
http://www.bbc.co.uk/cornwall/sea_sense/index.shtm...
BBC Radio Cornwall's dedicated RNLI page.
SeaBritain 2005
http://www.seabritain2005.com
Celebrating Britain’s maritime heritage and the 200th anniversary of the Battle of Trafalgar
The Shipwrecked Fishermen and Mariners’ Royal Benevolent Society
http://shipwreckedmariners.org.uk
Caring for merchant seafarers, fishermen and their families since 1839
Charitable giving
Remember a charity
http://www.rememberacharity.org.uk
How to help your favourite charities by including them in your will
Search and rescue in the UK and RoI
Maritime and Coastguard Agency
http://www.mcga.gov.uk
The official website of the UK Maritime and Coastguard Agency
The Irish Coast Guard
http://www.dcmnr.gov.ie/Marine/Irish+Coast+Guard+I...
The official website of The Irish Coast Guard
MOB Guardian
http://www.mobguardian.co.uk
The MOB Guardian website
Weather
The Met Office
http://www.metoffice.com
One of the world's leading providers of environmental and weather-related services
RNLI Fundraising Branches
Bexleyheath fundraising branch
http://www.rnli-bexleyheath.org.uk
Twickenham fundraising branch
http://www.rnlitwickenham.org.uk
Cheltenham fundraising branch
http://www.cheltenhamrnli.org.uk
Erdington fundraising branch
http://www.erdingtonrnli.com
KNIFES COST LIVES PUT DOWN THE GUNS
Thursday 2 August 2007
employment jobs web addresses
Useful Sites
Government
Cabinet Office (Office of Public Service)
http://www.cabinet-office.gov.uk/
Connexions
http://www.connexions.gov.uk/
Dept for Education and Skills
http://www.dfee.gov.uk/
Dept for Health
http://www.doh.gov.uk/
Dept for Transport
http://www.dft.gov.uk/
Dept for Work & Pensions
http://www.dwp.gov.uk/
Environment Agency
http://www.environment-agency.gov.uk/
Home Office
http://www.homeoffice.gov.uk/
Neighbourhood Renewal Unit
http://www.neighbourhood.gov.uk/
Office of the Deputy Prime Minister
http://www.odpm.gov.uk/
Quality Protects
http://www.doh.gov.uk/qualityprotects
Social Exclusion Unit
http://www.socialexclusionunit.gov.uk
Supporting People
http://www.spkweb.org.uk/
The Local Government Association
http://www.lga.gov.uk/top/htm/
Housing and Homelessness
Broadway
http://www.hsaonline.org/
Centrepoint
http://www.centrepoint.org.uk/
CHAS
http://www.chasnational.org.uk/
Crisis
http://www.crisis.org.uk/
Empty Homes Agency
http://www.emptyhomes.com/
Ex-Service Action Group - 'Sir Oswald Stoll Foundation'
http://www.oswaldstoll.org.uk/
Get Connected
http://www.getconnected.org.uk/
Groundswell
http://www.groundswell.org.uk/
Messrs G Owen & Co - Rough Sleepers | Homelessness | Night Shelters • External Contacts
http://clix.to/nightshelters
Resource Information Centre
http://www.homelesslondon.org.uk/
Single Homeless in London
http://www.ris.org.uk/
Homeless Link
http:/www.homeless.org.uk/
Homeless Pages
http://www.homelesspages.org.uk/
HousingNet
http://www.housingnet.co.uk/
Hostels Online
http://www.hostels.org.uk/
Inside Housing
http://www.insidehousing.co.uk/
The London Connection
http://www.london-connection.org.uk/
National Housing Federation
http://www.housing.org.uk/
Nightstop UK
http://www.nightstop-uk.org/
Off the Streets and into Work
http://www.osw.org.uk/
Regeneration & Renewal
http://www.regenerationmagazine.com/
Shelter
http://www.shelter.org.uk/
St. Mungo's
http:/www.stmungos.org.uk/
Thamesreach Bondway
http://www.thamesreachbondway.com/
International homelessness
EMMAUS
http://www.emmaus.org.uk/
EAPN
http://www.eapn.org
FEANTSA
http://www.feantsa.org/
National Coalition for the Homeless
http://www.nationalhomeless.org/
Other Big Issues
The Big Issue - Australia
http://www.bigissue.org.au/
The Big Issue – Cape Town, South Africa
http://www.bigissue.co.za/
The Big Issue in the North
http://www.bigissueinthenorth.com/
The Big Issue Scotland
http://www.bigissuescotland.com/
The Big Issue - Southwest
http://www.bigissuesouthwest.co.uk/
International Street Papers and Homelessness Resources
Aluma, Malmo, Sweden:
http://www.aluma.nu/
Asfalter, Salzburg, Austria:
http://www.asfalter.at/
Asphalt, Hannover, Germany:
http://www.asphalt-magazin.de/
Augustin, Vienna, Austria:
http://www.augustin.bus.at/
BIG news, New York, USA:
http://www.mainchance.org
BISS, Munich, Germany:
http://www.biss-magazin.de
Cais, Lisbon, Portugal:
http://www.forum.pt/cais
Diagonal, Buenos Aires, Argentina:
http://www.periodicodiagonal.org.ar
Dromologia, Athens, Greece:
http://www.dromologia.freeyellow.com
Factor S, Montevideo, Uruguay:
http://www.factors.org.uy
Faktum, Goteborg, Sweden:
http://www.faktum.nu
Hecho, Buenos Aires, Argentina:
http://www.hechoenbsas.com
Hempels, Kiel, Germany:
http://www.hempels-eu.de
Hinz & Kunzt, Hamburg, Germany:
http://www.hinzundkunzt.de
Homeless Talk, Johannesburg, South Africa:
http://www.homelesstalk.org.za
Hus Forbi, Copenhagen, Denmark:
http://www.husforbi.dk
L'intineraire, Quebec, Canada:
http://www.intineraire.educ.infinit.net
Megaphon, Graz, Austria:
http://www.megaphon.at
Novy Prostor - No Borders, Prague, Czech Republic:
http://www.novyprostor.com
Ocas, Sao Paulo, Rio De Janeiro, Brazil:
http://www.ocas.org.br
Real Change, Seattle, USA:
http://www.realchangenews.org
Spare Change News, Boston, USA:
http://www.homelessempowerment.org
Situation Stockholm, Stockholm, Sweden:
http://www.situationstockholm.se
Straat, Rotterdam, Netherlands:
http://www.straatmagazine.nl
Straatnieuws, Utrecht, Netherlands:
http://www.straatnieuws.nl
Streetwise, Chicago, USA:
http://www.streetwise.org
Suprise, Basle, Switzerland:
http://www.surprise-ch.org
Tages Satz, Gottingen, Germany:
http://www.tagessatz.de
Terre di Nezzo, Milan, Italy:
http://www.terre.it
The Depths, St Petersburg, Russia:
http://www.nadne.ru
The Depths Siberia, Novosibirsk, Russia:
http://www.nadne.ru
Trott War, Stuttgart, Germany:
http://www.trott-war.de
The Way Home, Odessa, Ukraine:
http://www.wayhome.org.ua
Z Magazine, Amsterdam, Netherlands:
http://www.zmagazine.nl
INSP:
http://www.street-papers.org
NASNA - North America:
http://www.speakeasy.org/nasna
Other Organisations
ABC Tales
http://www.abctales.com/
Amnesty International
http://www.amnesty.org/
Campaign for Racial Equality
http://www.cre.gov.uk/
Child Poverty Action Group
http://www.cpag.org.uk/
Code of Guidance for LA's on the Allocation of Accommodation and Homelessness
http://www.housing.detr.gov.uk
Community Action Network
http://www.can-online.org.uk
Demos
http://www.demos.co.uk
DETR: Rough Sleeping Strategy Delivery
http://www.housing.detr.gov.uk
Drugscope
http://www.drugscope.org.uk
Friends of the Earth
http://www.foe.co.uk/
Greenpeace
http://www.greenpeace.org/
Get Ethical
http://www.getethical.com
IPPR
http://www.ippr.org.uk
Missing Persons Helpline
http://www.missingpersons.org/
New Academy of Business:
http://www.new-academy.ac.uk
New Economics Foundation
http://www.neweconomics.org
Prison Reform Trust
http://www.prisonreformtrust.org.uk
Reclaim the Streets
http://www.reclaimthestreets.net/
Refugee Council
http://www.refugeecouncil.org.uk
Shelternet
http://www.shelternet.co.uk
Schnews
http://www.schnews.org.uk/
School for Social Entrepreneurs
http://www.sse.org.uk
Social Enterprise London
http://www.sel.org.uk
Social Venture Network Europe
http://www.svneurope.com
Training For Life
http://www.trainingforlife.org
UK Social Investment Forum
http://www.uksif.org
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CONTACT US
Get in touch with the Big Issue
REGIONAL EDITIONS
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INTERNATIONAL
Street papers around the rest of the world
Government
Cabinet Office (Office of Public Service)
http://www.cabinet-office.gov.uk/
Connexions
http://www.connexions.gov.uk/
Dept for Education and Skills
http://www.dfee.gov.uk/
Dept for Health
http://www.doh.gov.uk/
Dept for Transport
http://www.dft.gov.uk/
Dept for Work & Pensions
http://www.dwp.gov.uk/
Environment Agency
http://www.environment-agency.gov.uk/
Home Office
http://www.homeoffice.gov.uk/
Neighbourhood Renewal Unit
http://www.neighbourhood.gov.uk/
Office of the Deputy Prime Minister
http://www.odpm.gov.uk/
Quality Protects
http://www.doh.gov.uk/qualityprotects
Social Exclusion Unit
http://www.socialexclusionunit.gov.uk
Supporting People
http://www.spkweb.org.uk/
The Local Government Association
http://www.lga.gov.uk/top/htm/
Housing and Homelessness
Broadway
http://www.hsaonline.org/
Centrepoint
http://www.centrepoint.org.uk/
CHAS
http://www.chasnational.org.uk/
Crisis
http://www.crisis.org.uk/
Empty Homes Agency
http://www.emptyhomes.com/
Ex-Service Action Group - 'Sir Oswald Stoll Foundation'
http://www.oswaldstoll.org.uk/
Get Connected
http://www.getconnected.org.uk/
Groundswell
http://www.groundswell.org.uk/
Messrs G Owen & Co - Rough Sleepers | Homelessness | Night Shelters • External Contacts
http://clix.to/nightshelters
Resource Information Centre
http://www.homelesslondon.org.uk/
Single Homeless in London
http://www.ris.org.uk/
Homeless Link
http:/www.homeless.org.uk/
Homeless Pages
http://www.homelesspages.org.uk/
HousingNet
http://www.housingnet.co.uk/
Hostels Online
http://www.hostels.org.uk/
Inside Housing
http://www.insidehousing.co.uk/
The London Connection
http://www.london-connection.org.uk/
National Housing Federation
http://www.housing.org.uk/
Nightstop UK
http://www.nightstop-uk.org/
Off the Streets and into Work
http://www.osw.org.uk/
Regeneration & Renewal
http://www.regenerationmagazine.com/
Shelter
http://www.shelter.org.uk/
St. Mungo's
http:/www.stmungos.org.uk/
Thamesreach Bondway
http://www.thamesreachbondway.com/
International homelessness
EMMAUS
http://www.emmaus.org.uk/
EAPN
http://www.eapn.org
FEANTSA
http://www.feantsa.org/
National Coalition for the Homeless
http://www.nationalhomeless.org/
Other Big Issues
The Big Issue - Australia
http://www.bigissue.org.au/
The Big Issue – Cape Town, South Africa
http://www.bigissue.co.za/
The Big Issue in the North
http://www.bigissueinthenorth.com/
The Big Issue Scotland
http://www.bigissuescotland.com/
The Big Issue - Southwest
http://www.bigissuesouthwest.co.uk/
International Street Papers and Homelessness Resources
Aluma, Malmo, Sweden:
http://www.aluma.nu/
Asfalter, Salzburg, Austria:
http://www.asfalter.at/
Asphalt, Hannover, Germany:
http://www.asphalt-magazin.de/
Augustin, Vienna, Austria:
http://www.augustin.bus.at/
BIG news, New York, USA:
http://www.mainchance.org
BISS, Munich, Germany:
http://www.biss-magazin.de
Cais, Lisbon, Portugal:
http://www.forum.pt/cais
Diagonal, Buenos Aires, Argentina:
http://www.periodicodiagonal.org.ar
Dromologia, Athens, Greece:
http://www.dromologia.freeyellow.com
Factor S, Montevideo, Uruguay:
http://www.factors.org.uy
Faktum, Goteborg, Sweden:
http://www.faktum.nu
Hecho, Buenos Aires, Argentina:
http://www.hechoenbsas.com
Hempels, Kiel, Germany:
http://www.hempels-eu.de
Hinz & Kunzt, Hamburg, Germany:
http://www.hinzundkunzt.de
Homeless Talk, Johannesburg, South Africa:
http://www.homelesstalk.org.za
Hus Forbi, Copenhagen, Denmark:
http://www.husforbi.dk
L'intineraire, Quebec, Canada:
http://www.intineraire.educ.infinit.net
Megaphon, Graz, Austria:
http://www.megaphon.at
Novy Prostor - No Borders, Prague, Czech Republic:
http://www.novyprostor.com
Ocas, Sao Paulo, Rio De Janeiro, Brazil:
http://www.ocas.org.br
Real Change, Seattle, USA:
http://www.realchangenews.org
Spare Change News, Boston, USA:
http://www.homelessempowerment.org
Situation Stockholm, Stockholm, Sweden:
http://www.situationstockholm.se
Straat, Rotterdam, Netherlands:
http://www.straatmagazine.nl
Straatnieuws, Utrecht, Netherlands:
http://www.straatnieuws.nl
Streetwise, Chicago, USA:
http://www.streetwise.org
Suprise, Basle, Switzerland:
http://www.surprise-ch.org
Tages Satz, Gottingen, Germany:
http://www.tagessatz.de
Terre di Nezzo, Milan, Italy:
http://www.terre.it
The Depths, St Petersburg, Russia:
http://www.nadne.ru
The Depths Siberia, Novosibirsk, Russia:
http://www.nadne.ru
Trott War, Stuttgart, Germany:
http://www.trott-war.de
The Way Home, Odessa, Ukraine:
http://www.wayhome.org.ua
Z Magazine, Amsterdam, Netherlands:
http://www.zmagazine.nl
INSP:
http://www.street-papers.org
NASNA - North America:
http://www.speakeasy.org/nasna
Other Organisations
ABC Tales
http://www.abctales.com/
Amnesty International
http://www.amnesty.org/
Campaign for Racial Equality
http://www.cre.gov.uk/
Child Poverty Action Group
http://www.cpag.org.uk/
Code of Guidance for LA's on the Allocation of Accommodation and Homelessness
http://www.housing.detr.gov.uk
Community Action Network
http://www.can-online.org.uk
Demos
http://www.demos.co.uk
DETR: Rough Sleeping Strategy Delivery
http://www.housing.detr.gov.uk
Drugscope
http://www.drugscope.org.uk
Friends of the Earth
http://www.foe.co.uk/
Greenpeace
http://www.greenpeace.org/
Get Ethical
http://www.getethical.com
IPPR
http://www.ippr.org.uk
Missing Persons Helpline
http://www.missingpersons.org/
New Academy of Business:
http://www.new-academy.ac.uk
New Economics Foundation
http://www.neweconomics.org
Prison Reform Trust
http://www.prisonreformtrust.org.uk
Reclaim the Streets
http://www.reclaimthestreets.net/
Refugee Council
http://www.refugeecouncil.org.uk
Shelternet
http://www.shelternet.co.uk
Schnews
http://www.schnews.org.uk/
School for Social Entrepreneurs
http://www.sse.org.uk
Social Enterprise London
http://www.sel.org.uk
Social Venture Network Europe
http://www.svneurope.com
Training For Life
http://www.trainingforlife.org
UK Social Investment Forum
http://www.uksif.org
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BBC ACTION NETWORK INFORMATION
By BBC Action Network team
Telephone helplines provide support
Telephone helplines provide support
Whether it is stress at work or clinical depression, one in four people will experience a mental health problem at some point in their life.
But this costs the economy an estimated £11.6bn a year, according to one report, and some argue that our mental health system is still failing its patients.
This briefing outlines the problems facing mental health patients, what is being done to change the system and how you can get involved on mental health issues, both nationally and in your community.
1. What are the concerns of mental health campaigners?
Mental health organisations have long argued that the mental health system is riddled with problems. Listed below are some of the arguments they put forward:
Mental health sufferers are stigmatised
Mental health sufferers face discrimination in the workplace and at the hands of the benefits system, leaving them impoverished, unemployed and sometimes homeless, according to the Citizens’ Advice Bureau. The Royal College of Psychiatrists wants people who suffer from mental health conditions to have the same rights and protections as people with physical disabilities. Its website has more information about stigmatisation.
The welfare system fails mental health patients
A Citizens’ Advice Bureau report published in April 2004 highlighted the difficulties that people with mental health problems encounter when dealing with the benefits system and managing personal finances. Campaigners want to see mental health advisers at job centres and increased mental health awareness for all benefits staff. Read about Mind’s benefits’ campaign or its views on the welfare reform bill.
It is too difficult to access the mental health system
People experience problems when trying to get help from the mental health system. A 2003 report from Rethink found that one in four people are turned away when seeking help for mental illness and waiting times for treatment are very long. They have produced a paper looking at what the future of mental health (PDF) might be.
Patients should be more involved in their treatment
There is too much emphasis on prescribing drugs to solve conditions, campaigners argue, and a survey by Norwich Union Healthcare in March 2004 showed most GPs admitted to over-prescribing anti-depressants. The Mental Health Foundation encourage people with problems such as depression to consider other factors such as diet and exercise as important parts of any treatment.
There isn’t enough openness about prescription drugs
There is concern about the amount of information available to the public about the potential risks and side-effects of drugs. Mind has previously campaigned for stricter drug regulation and is still lobbying Parliament for changes to the system.
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2. Will legislation address these concerns?
There are several pieces of legislation going through Parliament that, if passed, would address some of the concerns of mental health campaigners.
The Mental Health Bill
The main piece of legislation the government is hoping to introduce is the Mental Health Bill.
While mental health charities point to shortcomings in the mental health system, the government and other groups are concerned that current laws do not offer enough protection to the public. They argue that doctors need more powers in order to detain and forcibly treat people with serious mental illness who may pose a threat to the public.
This bill would allow people with severe personality disorders to be detained—whether or not they have committed a crime—and it has provoked considerable controversy. To find out more you can read The Mental Health Bill: an Action Network briefing.
Mental Capacity Act
The Mental Capacity Act 2005 is due to come into effect in England and Wales in 2007. The Act changes laws concerned with decision-making for the mentally-ill, as well as other groups of people who may lack the capacity to make decisions for themselves, such as stroke victims and those with age-related dementia.
Health professionals and carers must now assume that a person has the ability to make decisions about their own treatment, unless it can be proved otherwise. If they suspect that someone is incapable of making a decision, then they must follow certain steps:
* Apply a test to assess whether a person is able to take a particular decision at that time
* Find out if the person wishes to nominate somebody to make decisions about their treatment
* If taking decisions on someone’s behalf, then ensure everything done follows the checklist and is in their best interests
The Act is accompanied by a code of practice, which provides guidance on how the new law is applied in everyday situations. It is aimed at anyone who works with or cares for a person covered by the Act, including family, friends and unpaid carers.
You can find more information about the Act from the Department for Constitutional Affairs and the Making Decisions Alliance, a group of organisations working with people who have difficulty making or communicating decisions.
Disability Discrimination Act
Under the Disability Discrimination Act people with mental health problems are granted the same protections as physically-disabled people and have certain rights in the workplace such as:
* A right to flexibility in working hours, which may be necessary to attend counselling
* Exemption from speaking to large gatherings, if requested
If these rights are not granted then the employer can be challenged in the courts or at a tribunal. Mind has more information about mental health rights and the Disability Discrimination Act, and Rethink also has information on laws covering mental health, including the Human Rights Act, and the Disability Discrimination and Mental Capacity Acts.
Where can I find out about my rights?
The BBC Mental Health website spells out your rights under the mental health act. The mental health charity Rethink also has information on legal rights. The Hyperguide to the Mental Health Act provides a useful summary of the current law.
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3. What else is the government doing?
The government has said it will also tackle some of the problems highlighted by mental health campaigning groups. The Social Exclusion Unit published a report into tackling the social exclusion of mental health patients in June 2004.
In response, the government launched an action plan which it said would aim to:
* Clarify benefit rules for those who want employment
* Provide employment advisers for people with severe mental health problems
* Provide support for those interested in self-employment
* Provide better access to financial and legal advice
* Improve the service provided by mental health day care centres
* Work with the police and criminal justice system on mental health issues
This action plan is being driven forward by the National Institute for Mental Health (NIMHE) which has launched a review of what works in tackling stigma and discrimination.
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4. How to get involved
Have your say on local health service provision
As a user of the health service you have the right to make your views heard on local health service provision. Read the Action Network guide on How you can get involved in improving NHS services in England for more on this. Mind has information on how to have a say at a regional level. The National Institute for Clinical Excellence (Nice) has a Citizens’ Council, which you can volunteer for to make your views on mental health treatment guidelines known.
Get involved locally
If you have the appropriate experience, you could help local support groups, such as the North Staffordshire Users Group, which is led by and for mental health service users. It supports self-help and promotes the views of mental health service users, and provides volunteers who attend hospital meetings and others to help people get their voice heard. Your local primary care trust will have a list of your local support groups.
Join the local branches of national campaigns by mental health charities. You can find your local Mind. Rethink, a mental health charity, has produced a guide to local campaigning.
Provide support for local telephone helplines, which are often run by volunteers. The Mental Health Helplines Partnership Project has a list of telephone helplines.
Lobby your council to set up online support forums such as Kooth, an online counselling service for Stockport youth provided by the council.
The BBC runs Action Network as an open forum for people to influence issues they care about. Most of the content is written by the public and reflects their views.
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