Kenneth Roy
on the disturbing case of Robert Lapsley
In the case of Robert Lapsley, two questions arise.
First, why is a guardianship order essential? The family does not understand why Robert would not be eligible to receive the treatment he needs without such an order.
Second, if for some reason unknown to the family, a guardianship order is essential, why is it the social work department of Falkirk Council which is seeking one?
According to the guide to the act prepared by the Scottish Government: ‘An application may be made to the sheriff court by individuals, or by the local authority where no one else is applying and the adult has been assessed as needing a guardian’. The italics are mine; the meaning could scarcely be clearer. Where there is an individual with an interest in the adult’s welfare, the local authority has no business applying for a guardianship order. In this case there are three individuals with an interest in Robert Lapsley’s welfare: his mother, his sister Lorraine and his brother-in-law, Jim Waugh.
Jim Waugh contacted the Scottish Review towards the end of last week in the hope that we might be able to help. I have spoken to him, and to Lorraine Waugh, at length on the telephone. The quality of their devotion to Robert, the extent of their present distress, their utter confusion at being caught up in a world which is completely foreign to them – these are transparent.
Mr Waugh ended an email to me: ‘None of the family is familiar with the workings of the social work department and NHS in relation to cases like Robert’s…We do find it most strange that someone like Robert is not entitled to the best care available unless there is social work department intervention. We are also most concerned that, should Robert be placed in the guardianship of a social worker, he may be ensconced in an establishment without being given the chance of receiving any type of therapy’.
A few days ago there was a further development. A student social worker telephoned to summon the family to a hearing at Falkirk Infirmary tomorrow morning. When Lorraine Waugh asked who would be attending, she was given a list of nine – a social worker, a student social worker, a mental health officer, a solicitor (name unknown) from Falkirk Council, a consultant psychiatrist, a doctor who specialises in the treatment of epilepsy, Robert’s GP, a social work team manager and a member of the advocacy service. Jim and Lorraine Waugh believe that the presence of the solicitor is significant: a sign that the council is taking the first steps towards obtaining a guardianship order from the sheriff.
Jim and Lorraine spent an agonising weekend.
Yesterday morning, I emailed Falkirk Council putting the family’s anxieties. I sent the email to the council’s senior information officer with a copy to the head of social work. I said that the case of Robert Lapsley raised wider issues of public concern about the administration of the Adults with Incapacity (Scotland) Act 2000 by local authorities and suggested that the council might care to reflect on its handling of Mr Lapsley’s case. I said that I proposed to bring the case to the public notice before the hearing on Wednesday. I gave my telephone number. As I write this at 9.30 on Tuesday morning, I have had no reply from anyone at Falkirk Council; not so much as an acknowledgement. I am afraid this does not surprise me in the least.
At 2.30 yesterday afternoon, just before Lorraine Waugh set off to consult a solicitor who specialises in mental health, she received a telephone call from a member of the social work department. She was assured that tomororw is just a preliminary hearing to discuss Robert’s welfare. When Lorraine asked why, then, a solicitor from the council would be attending, she was told that the solicitor would be there ‘to help Robert’. Jim and Lorraine Waugh concluded that the telephone call was a response to the Scottish Review’s email.
Meanwhile, Robert Lapsley continues to languish in a private room at Falkirk Infirmary.
If you would like to comment on the wider implications of this case, or know anything about the workings of the Adults with Incapacity (Scotland) Act 2000, please contact us urgently on islay@scottishreview.net
Kenneth Roy is editor of the Scottish Review
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08.07.10
No 281
A kind
of victory
Day 3 of a Scottish
Review investigation
I.
The story of what happened when the Lapsley family
went to the hearing in
Falkirk yesterday
Kenneth Roy reports
[click here]
II.
A former chief social work adviser for Scotland says
that SR’s exposé of the
Lapsley case should lead to
a change in the law
[click here]
III.
A leading campaigner for patients’ rights asks: who is protecting Robert Lapsley’s interest in all of this?
[click here]
IV.
The daughter of a second
victim of the legislation recalls her father’s dreadful
experience before he died
[click here]
A town
under siege
Elma McMenemy
on Stonehaven in uproar
[click
here]
Sport
I.
Open house
Barbara Millar
in St Andrews
[click here]
II.
The red card
Walter Humes
is unimpressed
by football
[click here]
Islay’s Album
Sailing to the
Western Isles
[click here]
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