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The reasons why the case shouldn’t go back to the Regional Judge, Judge
Poole.
03.03.2023
Dear Sir or Madam,
I need help with a Court of Protection application, but am unhappy that it would normally be
heard by the judge who’s Court normally hears the case. Neither he, nor the previous judge
have given any time or thought to my evidence that I can prove, only the hearsay and
assumed evidence from the Council, which has never been backed with paperwork or proven
facts. In fact, Judge Poole stated that he has no need to read Judge Moir’s notes, or anything in the case, because he trusts Judge Moir implicitly. This shows an incredible naivety towards the case and bias against me, which also shows in his comments about my “bizarre” beliefs of wrongdoing by way of medication and care. He has already been under question in conjunction with Judge Moir about medication elsewhere. I cannot trust him in any form.
All of the statements have been made by Judge Poole in regards to “bizarre” beliefs,
despite an Emergency COP9 Application Form in regards to serious medical mistreatment being submitted to the Court of Protection in London in June 2022. It was passed over to the local court and Judge Poole, where unsurprisingly, it was completely ignored. I simply don’t want it to happen again, because it concerns the health and safety of my daughter. How can a presiding Judge be expected to behave fairly when he is looking at an appeal against his decisions? It is impossible, even without the obvious bias that I have been up against for five years. This is why I ask that an independent judge preferably in cooperation with the Court of Appeal look at this matter with a fresh eye. You will find that there are a lot of abnormalities in this case, including my daughter is suffering the effects of a medication that is known to cause her psychosis.
No documentary evidence has ever been presented to confirm any need for restrictions,
particularly Deprivation of Liberty. No regular assessments have been presented for the
continuance of the Deprivation of Liberty (required by Law every 12 months). No
documentary evidence has ever been produced regarding any Order placed by this Court on
behalf of the Local Authority.
Not so long ago, I came across a new publication titled "Supporting Legal Capacity in a
Socio-
“At its gravest, denial of legal capacity inflicts ‘civil death’
1 by removinkg from a person (‘P’) the ability to enforce legal rights and duties.
2 This ability to remove legal capacity empowers states to inflict vulnerability on its citizens, indeed usually in response to neuro-
3 Against that background, in 2008 the United Nations (UN) brought into force a ‘comprehensive and integral international convention’
4 namely the Convention on the Rights of Persons with Disabilities (CRPD) addressing, amongst other things, the denial of legal capacity. The CRPD affirms that disability discrimination ‘is a violation of the inherent dignity and worth of the human person’ and seeks to ‘promote and protect the human rights of all persons with disabilities’.
5 This is pursued through fifty articles, including an Article 12 right to legal
capacity for disabled people ‘on an equal basis with others in all aspects of life’.
The CRPD is interpreted by the UN Committee on the Rights of Persons with Disabilities
(‘the Committee’) through authoritative but non-
which eight exist to-
These Conventions clearly more than show the misuse of the Mental Capacity Act 2005,
which states that "A person has capacity at all times until a decision needs to be made.
Judge Moir and others have assumed wrongly that the Mental Capacity Act may be used
to declare a permanent lack of Mental Capacity, and thus jurisdiction to take over a
person's life in all things.
Over 5 years, my daughter has been turned into a cardboard box, to be moved about at
random without thought or care. But this court has gone further by stating, without any
medical evidence, that She suffers from Drug Resistant Schizophrenia. This has turned
her into an empty cardboard box, incapable allegedly of making any decision or having
gaining radical thought. The question that has only been asked by family, but ignored by everybody else, is why, if a drug is not working for whatever reason, is it continued ad infinitum?
Is it expected that one morning she will wake up miraculously cured and responsive to
the drugs? Why has no attention been paid to the medication history, which clearly shows an adverse reaction to some drugs, and a positive reaction to others?
Why has there been no medical evidence except third party reports from a GP, by a social
worker with a recorded history of lies and embellishment who should be charged with
perjury?
This Court has been fixated with blaming mother for every problem, even when clearly
disproved.
I refuse to accept any Court Order, or medical approval until there has been a full and
complete inquiry into what has gone on with appropriate measures being taken against
those who have broken thelLaw to their own ends.
As I stated in my previous email, the Judge finds that social worker H is "an impressive
witness" (para10), who is convinced that my daughter is receiving correct medication
(para12). However, he goes on to say that my daughter has "treatment resistant
schizophrenia" (para13). This ought to ring alarm bells. A Judge should not rely on a
social worker's opinion about what is correct medical treatment. And he should
question the implications of the diagnosis "treatment resistant schizophrenia,
because it surely means that the medication is not having the effect which is
expected and therefore either it is the wrong medication or the diagnosis is wrong.
Social worker H is such an impressive witness that she should be tried for
perjury over her lies. She was very descriptive about complex problems, which do
not exist. She listed permissible restrains that have never ever been needed or used.
She failed to keep records. She claimed twice that I was about to attempt to abscond
with my daughter, without any sort of justification or evidence, and got thrown out of
her attempted court process twice. She claimed that I had my own mental health
problems simply, because I turned up very quickly one day without my usual make
up. The woman is an impressive liar who continues her damage elsewhere. These
people are not fit to be in position and must be brought to justice. There was even an
abduction attempt to put me in psychiatric hospital and the police failed to protect us
and investigate the crimes. I even made a claim to the International Criminal Court in
Hague last year...
Why can't I stop such blatant disregard for the law? Please help!
Thank you.
Yours sincerely,
Luba Macpherson.
https://academic.oup.com/medlaw/advance
article/doi/10.1093/medlaw/fwac054/6972166?utm_source=authortollfreelink&
utm_campaign=medlaw&utm_medium=email&guestAccessKey=feacd9e1
f1e6-
4d68f5ef1532&fbclid=IwAR0wCDKqUEVpDYH8lGIOWN8UcVJV9kyNHL7ZM
AZHncrljiBCRQs3Rik2ccc&login=false
https://www.un.org/development/desa/disabilities/convention-
persons-
2.html