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!

In general people are presumed to be of sound mind unless there are reasons to believe otherwise.

LAs do all kinds of shit to try to avoid lots of the EHCP process.

Unless you are hearing this from other places than the local authority, ignore.

They also like to tell people they are bad parents.

Delusional or not you are legally entitled to the info requested.

You can get a letter from the NHS, I have one. No idea how long it takes these days.

We do already have a solicitor instructed and taking the LA to Judicial Review, due the KC's opinion today.

Solicitor hasn't asked me to defend myself regarding my mental health, she's sought a lot of other evidence to demonstrate that their claims against me don't stack up or evidence to demonstrate that they've been actioning unreasonable etc.

She has said its not needed but I want it, I want to say "see, I'm not delusional". Mind you, i suppose the evidence that supports my claim demonstrates I'm not in itself.

Sounds a bit like defamation of character and medical diagnosis shouldn’t be brandished about.

Fucking hell. 😡I've heard of this happening several times- it's always the mum's mental health made out to be an issue "Mum is anxious" is the common one, when you have in fact just said you are anxious about something, not that you have an anxiety disorder. If you can't afford specialist legal advice, Not Fine in School on Facebook may be able to help. They have a lot of resources and template letters and people who have been through the same thing.

Yes but how do I obtain it @scorchedwitch

Get a letter from your GP to state you have no history of mental ill health. Sounds like your lawyer is on this but ask re defamation as it may bolster your case. They have trashed your reputation. Maybe your lawyer can submit a duplicate SAR. LA will be more likely to comply. Unless they can prove your lawyer is also delusional.

Get your lawyer to do it. They are not complying with data regulations. Email LA to request the information and state it is overdue.

Do not get your mental health assessed. It's just playing their game. Let them prove it.

@scorchedwitch ah but I do have history of poor mental health, I attempted suicide a decade ago and then had anxiety. However, I was then diagnosed with ASHD and ASD 2 years later which was like a light bulb moment of understanding myself and my mental health dramatically improved and apart from the stress of the current situation, I do feel really good mentally.

Wtf @Craftspy why would I have limited access to my children and what horrible reasons?

In that case sit this out. Neurodiversity is not a sign of unsound mind but they will throw anything at you so don't give them ammunition. Silence is golden. Let them explain how they arrived at this conclusion, without evidence, in the judicial review.

Ask your solicitor to organise a psychological assessment of you. If they have experience of family law they should be very familiar with how to do that.

https://www.scie.org.uk/mca/practice/assessing-capacity/

Some great info here OP

The council have no authority to decide if you’re not of sound mind. They’d need a psychiatrist to assess you as only they could decide you weren’t. The bar is high because everyone is different.

You sound very articulate and very much of sound mind to me! I can only assume they are trying to frighten you. You could end up suing them for causing unnecessary stress.

As others have said, the onus is on them to show you're of unsound mind, which they obviously won't be able to do - mental capacity is assumed unless there is evidence to the contrary. It is bizarre for a non-clinical body to be throwing around accusations of psychosis - which has an actual medical definition, it doesn't just mean "she's a bit mad and difficult" - and I think this would be looked very poorly upon if it ever came to a legal adjudication. I would just ignore this aspect completely and follow the advice of your solicitor.

Thank you for the reassurances. I will save the costs of a private assessment and wait to see if the LA demand one of me (which I suspect they won't ofc!).

They are making themselves look so bad. Just sit and watch then hang themselves in their own rope. Enlist the ICO, your MP, the Ombudsman and anything else available.

Thank you for the reassurances. I will save the costs of a private assessment and wait to see if the LA demand one of me (which I suspect they won't ofc!).

If anything, your neurodiversity diagnosis makes it more likely that your child inherited his, and does in fact need the EHCP.

Do not disclose your diagnoses to the LA. They will use it against you. Been there. Don't hand them a stick to beat you with.