A Response To My Guardian Article On Riven Vincent

An email I recieved, reprinted with permission.

I read your very interesting post on the Guardian website today which I circulated to my colleagues. I am a solicitor. My firm in Devon and Cornwall specialises in community care and public law. We routinely challenge local authorities over their decision making in relation to care provision.

As a solicitor I have been struck that in the discussion about Riven Vincent and in your  post and Stacie Lewis’s post there is a complete absence of any reference to local authorities legal obligations and the possibility of legal proceedings to correct poor assessments or poor service provision. Service delivery should be needs driven. If it’s not that is challengeable. Sympathy for the Vincent family’s circumstances is touching and I can see how a large amount of support can help in a case of this kind, but there is also a legal process by which issues like this can be resolved.

There are, I accept, very few lawyers out there doing this kind of work but those out there working in this area are incredibly committed and knowledgeable. We are able to help in cases like your daughter’s. You are not only limited to contacting, for example, the CAB or MENCAP to obtain advice.

The recently announced proposed cuts to legal aid are likely to impact on this area of law – I don’t know if you have looked at the site www.justice-for-all.org.uk – but would recommend it, urge you to sign up in support and blog about it.

Another issue absent from this debate is that the Human Rights Act is engaged in cases of this kind. I’ve lost count of the number of times I’ve read the Human Rights Act disparaged as a criminals charter – the recent media coverage about prisoners voting rights is typical – but it’s precisely cases of this type where the Human Rights Act can be used to achieve a positive outcome. Article 8 ECHR states that everyone is entitled to “respect for their private and family life” and previous cases have addressed the key importance of ‘dignity’ in the way disabled persons are treated – one doesn’t need to be a lawyer to recognise it’s relevance and importance.

The absence of these kinds of topics from this discussion suggest either service users and their families do not know how to access a suitable lawyer or don’t think the law can assist them. If so then that is wrong.

I would appreciate an opportunity to know what you think of these points.

Best wishes