I'm currently attempting to fill in this COP24 Witness Statement that I'll deliver to the Court of Protection tomorrow. I say attempting because their website doesn't seem to want to let me.
So I guess that means I'll just have to fill out one of the multiple template forms I've got by hand. Anyway what I'm going to write on that form is;
"While I'm not sure that this is the correct way to do so I have to raise my serious concerns at the Courts decision to hold an oral hearing in this case. To my mind the case is dependent on a point of procedure. Therefore it could easily be resolved by an assessment of the paper evidence. Further more by calling myself and L.T Bowden to a long hearing in central London the Court will be depriving D.M Bowden of care and supervision for a period of up to six hours. Since the registration of the LPA's there has been a significant deterioration in Mrs Bowden's condition so I am concerned this deprivation could have a significant impact on her health if not life.
While it is not the role of the Court to act as a mediation service I appreciate that the Court may find an assessment of the personalities involved useful in making its decision. Therefore rather then holding an oral hearing it might be a better idea for the Court to send and special visitor to meet with myself, Mr Bowden and Mrs Bowden in the home. This has the added advantage of allowing the Court to consider Mrs Bowden's situation and point of view in it's decision.
I should also point out that the fact that Mrs Bowden was detained by the police on the day she signed the LPA's should be a recorded in the police's own logs. I did not make this call and it was not made from my phone. I am also currently in dispute with the local police of the repeated failure to investigate burglary's at the address. Therefore I am unable to obtain copies of those logs myself. However if the Court feels it requires those records the 999 call was made from [telephone number] at around 09:30 on November 26th 2009."
I'll agree that does sound as though I'm telling the Court how to do it's job which is a little bit rude. However if they can't work it out for themselves then sadly someone has to tell them. The biggest concern is that the Court will now delay the proceedings even further while these police logs are sort out. As they support my case though the Court probably won't bother before returning a verdict that has no basis in law or justice.
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