Episode details

Available for over a year
A few years ago I bought a house from a lady whose husband had disappeared. She warned that although no one knew where he husband was, he still had rights and his estate had to be protected so there were three solicitors involved in the transaction. Hers, mine and his. It was the first time I was aware that the affairs of missing people are looked after until such a time as their whereabouts are confirmed or that they are known to be deceased. Similarly, it was on this programme yesterday that I discovered the existence of the Court of Protection. Created under the Mental Capacity Act of 2005 this Court makes decisions on applications involving people who lack mental capacity. The very word protection is a defensive one. If we need it, we are inevitably in some kind of danger. In the Bible, protection is usually sought from various manifestations of evil, from ranging from moments of sporadic danger to death itself. Jesus imbibes a plea for protection in a petition to be delivered from such evil as the nub of what is now called the Lord’s Prayer. And it seems to be very much a culture of defensiveness, of both the legal process itself and those it is seeking to help, which is circling the Court of Protection at the moment. It may come as no surprise to learn that with a remit such as it has, and dealing with people of all ages facing a wide range of conditions in their lives, the Court of Protection faces the very questions raised on this programme yesterday. Should the court intervene at all? How long should it reasonably take? If people can’t make decisions for themselves what line is the State to take and how flexible is it if a person’s condition suddenly improves and they are able to choose for themselves? You may well have heard that this is Mental Health Awareness Week. Stereotypes need to be challenged. Responsibilities grasped. Our concern for our neighbour who is not able to respond for themselves cherished and acted upon. The Court of Protection was no doubt set up to help people unable to deal with important life issues for themselves. But in seeking to help and protect them, those responsible might reflect again on the biblical notion of protection as being that which brings people through darkness into a much brighter and welcoming place.
Programme Website