How to prove I am of sound mind

[TwittleBee]

I'm unsure if that's actually the correct term but I am being accused by the Council that I am psychotic and experiencing delusions because I'm challenging their "professional" opinion by raising complaints that they haven't followed the legislation correctly (I did also point out to them that of course I'll challenge those professionals when they lose 99% of their Appeals) and am concerned that this could then lead to me being exposed to losing access to my children (Council have already alluded to such).

I've done a quick Google search but am unsure what I actually need! I always imagined it would be some sort of questionnaire or interview with a Dr or something!

Comply with referral for mental health assessment?

What is the context here OP? Are you in a legal/court situation? Are we talking about genuine medical concerns of psychosis here? Because the answer depends on the situation.

I think more info is needed to give a clear answer.
What is their 'evidence' of their claims for example?

Email your MP for assistance. Make sure all your contact with the council is via email so you have a trail.

Make a comprehensive subject access request for all records relating to you, your children, all records from education, social work and all correspondence to and from each and every person related to this case including teachers, social workers, managers etc.

Address SAR to information governance include photos of drivers licence for ID as SAR cannot be processed without this.

If you need a lawyer it must be from outside your area as few practices will act against their local authority.

Good luck 🤞

So my son is unable to attend school and we are undergoing the dire experience of seeking to obtain a EHCP that is fit for purpose. I raised some complaints as the EP assessment was not completed correctly and the EHCP does not follow the legislation or the relevant Case Law. We heading to Judicial Review now because the LA have been refusing to provide him with any suitable education and haven't followed correct processes.

After I raised my complaints and issued a PAP letter (via a solicitor) I received a Social Care assessment (which I have no idea how they completed given that they didn't talk to me or my family) which alludes to my mental health being a concern and that I am showing psychotic behaviour because I have challenged professionals and they are concerned that this is also likely manifesting into abuse towards my husband and children.

My husband has responded to the Council with a letter disputing as such but of course I am concerned that they could turn around and state that he is choosing me over the children.

I'm sure I am not psychotic and not abusive. I beleive this because of my family's views of me and how I am successfully heading up a professional department (which does have to delve into other areas of law on a daily basis and work with legislation and case law). However, my word won't really cut it, will it.

I would like to prepare any further Allegations by the Council regarding my mental health by having some sort of assessment to hand. Is this a thing?

The onus is on them to provide evidence of your delusional state.

@scorchedwitch it's been 4 months since my SAR went into the LA, I raised a complaint with the LA and the ICO. The LA have stated that these obsession for the want of my data adds to evidence that I am delusional

Local authorities target robust , professional, knowledgeable women who challenge them. It's a game of whack a mole designed to silence you.

They are not medically qualified and cannot speculate or diagnose your mental state.

The nail that sticks out gets hammered.

Currently undergoing similar here after calmly challenging processes relating to my ASN DD.

How frustrating for you. No advice, just empathy. Iwould think they have to prove incapacity rather than the other way around. Can your GP help?

You are challenging the hierarchy. You must, like me, be burnt at the stake

LAs make false allegations to protect their reputation and money.

Do you have employee assistance via your work? They can advise and give pointers, but not act for you. Note they do tend to give a rosy viewpoint as they are not acting for you.

It is provident to invest in a session with a family lawyer though, it can save you angst and expense later.

I'd get your MP involved asap. It might also be worth speaking to your doctor about this.

SAR data must be sent to you in 30 days.

ICO aren't great, they should enforce this bit I wouldn't bank on it.

Solicitor and MP together can help, and Ombudsman but they are also there to protect the hierarchy so don't expect much.

You say they didn't speak to you or your family but also I beleive this because of my family's views of me and how I am successfully heading up a professional department. What is your job? (is this relevant to your family?) And did they speak to any of your family members? If not then surely it's a case of mistaken identity as they can't assess someone they have no knowledge of, unless your complaints and behaviour have been so extreme that there is no question

Family law firms are used to being involved in cases where social work iare involved.

Have you behaved in a way that would lead to these comments OP? As an example I worked helping a woman through a similar process a few years ago and concerns were raised regarding her mental state- not because she challenged things, you’re absolutely entitled tondo that, but because she was repeatedly coming at people, screaming, shouting, behaviour I can only describe as erratic and worrying for everyone involved.

Either way, you can’t really prepare evidence to support your mental state in advance. If that is a route they want to go down then they will have to prove their point, if you know you have nothing to hide then just comply.

Ask for a copy of this "assessment". Were you there? Did you consent to the assessment? Was your armchair diagnosis undertaken by a professional? Is this just opinion? You are being victimised.

If the LA have nothing to hide why won't they comply with your SAR?

@Mrsttcno1 certainly no extreme actions. My complaints have been raised in professional letters, written how I would write such letters on behalf of my clients.

I'm honestly so surprised by all this and I feel like some sort of conspiracy is happening! But then maybe that means I am delusional (I'm not).

Just seems so awful that some raised concerns about how the Council are not following legislation have led to them attempting to discredit me in this way.

Same here. You are a credible threat so must be discredited.

@scorchedwitch yes I agree, does seem very strange. I have received the SAR from the school and the AP which do indicate that the LA are incorrectly advising both. Idk, all seems mad that those in authority can do this to families. I am just seeking a suitable education for my son

They’ll likely add allegations of FII next so be prepared for that .

It’s a terrible position to be in. Never lose your cool. Stay factual and back up everything with evidence.

This is a common occurrence.

Report SAR non compliance to ICO.

Please seek legal advice before this spirals out of control.

Accusations of FII are, apparently, going out of fashion as they are not credible.

This has been replaced with accusations of BPD which is difficult to disprove.

Do you have the funds to instruct a solicitor to conduct a review and give you advice on next steps.