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Dodge
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03-10-2019, 07:57 PM
21

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by d00d ->
This is an exert from the linked article in the original post, and i quote




Thanks, but they don't say what they mean by "care plan".

Is it some sort of restraining order?
If the care plan is related to the mans medical condition then i would assume it comes under 'private/privileged/confidential information' and as such is not to be made publicly available.
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03-10-2019, 07:58 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by d00d ->
What's "care plan"?

I googled it but none the wiser.
A care plan as I see it is something worked out by those in authority for an individual
placed in their care .
This could be to enable an elderly adult to remain in their own home while needing some kind of care such being visited once or more daily by " carers " chosen to perform duties such as ensuring that person has bathed , dressed., prepared a meal , taken medication etc.
In this case he’s not elderly but because of his condition he’s had a care plan put in place which he’s now objecting to ?
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03-10-2019, 08:04 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Cinderella ->
Chemical castration definitely wrong in this case, and cruel, likely to cause more difficulties.
Sorry Cinders, l dont think the wants of a person with this guys
challenges should take precedence over the potential for a
possible series of MISUNDERSTANDINGS?

Regards Donkeyman!
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03-10-2019, 08:50 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Donkeyman ->
Sorry Cinders, l dont think the wants of a person with this guys
challenges should take precedence over the potential for a
possible series of MISUNDERSTANDINGS?

Regards Donkeyman!
An appeal is expected, seems the law needs to be changed.

In his written submission on behalf of the local authority, Mr Vikram Sachdeva QC accused the court of a “derogation of responsibility”: “If the criminal law is left to regulate such conduct, it will mean that sexual offences will be committed by incapacitated people before the law will intervene to prevent such damaging conduct by the imposition of criminal restrictions. To permit such a situation to continue would be a derogation of responsibility by the court of protection.”
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03-10-2019, 09:03 PM
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Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Cinderella ->
An appeal is expected, seems the law needs to be changed.
I think thats encouraging Cinders, but the lawspeak used is a
bit confusing for me?

Regards Donkeyman!
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04-10-2019, 07:00 AM
26

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Zuleika ->
A care plan as I see it is something worked out by those in authority for an individual
placed in their care .
This could be to enable an elderly adult to remain in their own home while needing some kind of care such being visited once or more daily by " carers " chosen to perform duties such as ensuring that person has bathed , dressed., prepared a meal , taken medication etc.
In this case he’s not elderly but because of his condition he’s had a care plan put in place which he’s now objecting to ?
Thanks.

It doesn't quite make sense does it? Perhaps the writer would rather we didn't have the full details, might spoil a good story.
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04-10-2019, 12:34 PM
27

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by d00d ->
Thanks.

It doesn't quite make sense does it? Perhaps the writer would rather we didn't have the full details, might spoil a good story.
I think giving out details would be an invasion of the man's privacy .
It must be quite upsetting to a man who doesn't understand that inappropriate approaches regarding fulfilling his needs can lead to criminal charges so I don't understand the judges ruling that he ought to be allowed to make the same mistakes as others .
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04-10-2019, 10:06 PM
28

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Zuleika ->
I think giving out details would be an invasion of the man's privacy .
It must be quite upsetting to a man who doesn't understand that inappropriate approaches regarding fulfilling his needs can lead to criminal charges so I don't understand the judges ruling that he ought to be allowed to make the same mistakes as others .
ditto

Those who are rsponsible for his care must be concerned that the judges ruling leaves them all in a risky situation.
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Dodge
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04-10-2019, 11:23 PM
29

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

If the man is unable to understand the concept of 'consent', that also means he will not understand the meaning of rape or sexual assault, because to do either means consent was not given, a concept which has been proven the man does not understand due to his level of autism.

If this man is ever accused of rape or sexual assault, the Judge could find herself in trouble for allowing a man she knows does not understand the concept of 'consent' to rape any woman he tries to have a sexual relationship with because if the woman say's NO, he will not understand this.
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05-10-2019, 11:09 AM
30

Re: Judge rules against care plan for man who hasn't the mental capacity to understand

Originally Posted by Dodge ->
If the man is unable to understand the concept of 'consent', that also means he will not understand the meaning of rape or sexual assault, because to do either means consent was not given, a concept which has been proven the man does not understand due to his level of autism.

If this man is ever accused of rape or sexual assault, the Judge could find herself in trouble for allowing a man she knows does not understand the concept of 'consent' to rape any woman he tries to have a sexual relationship with because if the woman say's NO, he will not understand this.
Indeed but she must adhere to what the law says surely re a human beings rights, in this case the man's right to pursue sexual contact with a view to finding a partner and family life?
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