Over the last seven years, I have filed five affidavits with the Court of Protection, all of which have been ignored. Here is one of them.
The Affidavit on behalf of the claimant, sworn on March 3, 2023.
Statement of truth.
Lioubov Macpherson Defendant:
Sunderland City Council and the Court of Protection in the matter of the Mental Capacity Act, Case number: 13258625 and the Judge’s name: His Honour Judge Poole.
I Lioubov Macpherson, address is ... state on oath the following –
I strongly believe that Judge’s Poole’s decisions are unjust and unfair, because of serious procedural irregularities such as the requirements of the Mental Capacity Act, failures to comply with the Court of Protection’s own Rules and Procedures, failure to allow my daughter’s attendance and the failure to hear her wishes and feelings, notwithstanding the unreasonable length of time involved, and multiple errors of Law, where decisions are not based on the evidence, and non compliance of Article 6 of the Human Rights Act.
I do not believe that this Court has been fair under Article 6 of the Human Rights Act for the following reasons.
a) It was started by the Council far too quickly to have been realistic.
b) The Reasoning was flawed as can be seen in the very first Council statement.
c) No assessment reports concerning mental capacity allegedly made byGladys Reed were presented, despite many requests, and despite the legal requirements and the legal need to keep these records.
d) No regard was paid to my genuine complaints about the care provided in Church View, which is all documented in the Court records.
e) Stolen food with Ella’s crockery found in staff areas.
f) Poor hygiene with medicine spills, reusing single use medicine pots,mouldy foods in the refrigerator, out of date milk on the breakfasttable.
g) Medication mistakes
h) Incorrect mail handling leading to loss of benefits
i) Missed appointments with doctors and medical professionals
j) Lack of respect for privacy
k) Lack of respect for Ella’s property.
3. It goes on and on, but instead of any sort of action to remedy those complaints, a campaign was started to smear me with behavioural problems. Not one accuser has made a sworn statement. You have seen me agitated and even angry in this Court, and not once have I used bad language. There was never a complaint from anybody before Gladys Reed and the Manager Lisa Philliskirk. Strange that they were both moved out after their dirty work? There have been no complaints since.
Mr O’Brien though likes to hide behind comments such as High expressed emotions! How would anybody react at seeing hard earned possessions being destroyed, broken promises, Including the financing by the LA, and neglect of a loved daughter?
4. Great emphasis was placed on unattributed notes. Even on Tuesday, Mr Walton spoke about concerns of Ella’s BMI, but that was based on wrongly recorded notes. My husband stated the same thing regarding his own medical notes.
5. Gladys Reed committed perjury in her allegations and incorrect statements of fact, which she swore were correct. It was deliberate and constant.
6. Nobody involved has been independent as they should be, and has been outlined many times. Even now, after my struggles to find a solicitor for well over a year, a Council solicitor suggestion for representation today has turned from requests for documentation to not answering any mails.
Council’s Dirty work again!
That is my reasoning for stating that this Court is not in compliance with Article 6 and does not have any power to make binding restrictions, which only serve to punish my daughter and family. Even Mr O’Brien, her Barrister does not represent her views, but a concocted version of the Law without regard to her own statements to everybody over the years that she wants publication of her plight.
The Court Order regarding publication was aimed at me and my husband, which again has been incorrect, because it should have been addressed to everybody in the Court in whatever capacity. There is not a solicitor involved who cares properly for confidentiality, as they send correspondence and emails that are not password protected. Will they too be charged for contempt?
For five years the Council have refused multiple requests to meet or mediate. They refuse even to acknowledge those requests. Mr Garlik states that they are historic complaints. They were not historic when they were happening!
Therefore, failure after failure by the Council have created an unfair Court where they have consistently refused to even acknowledge any comment against them. They refuse to take action against criminal acts such as physical assault, and they have condoned perjury from their employees.
There is only one way to bring the Council to answer for what they are doing. They are still using all of the dirty tactics found in the Witherwack scandal from a few years ago. They have a dirty history of abuse of power. They will be investigated, and if publication of their actions breaches unlawful Court Orders from an unfair Court, so be it. When however, will the Council give the same respect to the Court regarding honesty and integrity that I have done?
12. I want my daughter home. She wants to come home. Get her out of this unlawful asylum system where medication is abused. There is no care in the Care system. Release the Deprivation of Liberty from her. Again, I refer to Mr Garlik’s opening statement about DOL not being a concern because she was effectively under 24 hour supervision at that time in Placement One. A complete falsehood as she had something like 31 hours of support, not 168 as suggested. She complained of her isolation, so where was the supervision? She even managed to escape and run away in an attempt to talk to the Police. Deprivation of Liberty is cruel and unnecessary.
13. Judge Poole is also aware of the lack of evidence on behalf of the Local Authority, and the positive evidence submitted by me.
14. Judge Poole prefers to support Judge Moir's decisions without checking for himself and as such is making decisions without fair basis.
15. Judge Poole refuses to address the crimes of perjury, physical assault, willful neglect, and medical negligence. Therefore he sanctions those crimes.
16. Please see below a link in regards to a similar case. This is what has happened in my own case. Why will nobody listen, or even act on known criminality?
civillitigationbrief.com/202…