Thank you.
In fact, the Mental Capacity Act really could have applied to all of us at the time.
“Do not assume the person does not have the capacity to make a decision just because they make a decision that you think is unwise or wrong.”
The government - and a lot of the pro lockdown public - made exactly that assumption.
“Always assume the person is able to make the decision until you have proof they are not.”
Perfectly sensible and logical people were patronised and insulted because they questioned policies.
“All decisions and actions must be the least restrictive of the person’s rights and freedom of action.”
Were lockdowns the least restrictive decision or action?
I also forgot in my earlier post that a very important part of the MCA is the deprivation of liberty
“In certain cases, the restrictions placed upon a person who lacks capacity may amount to "deprivation of liberty". This must be judged on a case-by-case basis otherwise, an unlawful deprivation of liberty will occur. This system is known as the Deprivation of Liberty Safeguards.”
Whilst I appreciate a case-by-case judgement wouldn’t have been practical, a blanket judgement was also inappropriate without any reference to individual preferences. There was that awful case of a daughter being refused permission to collect her mother from a CH in order that they could isolate together. In just whose interest were the authorities acting then?