Kenneth Roy, the editor of the excellent Scottish Review, requires urgent help on the wider implications of this case or from anyone who knows anything about the workings of the Adults With Incapacity (Scotland) Act 2000.
This particular case is most disturbing as any one of us could end up in a similar situation. I'm not fooled by what social workers say and thankfully Mr Lapsley's family aren't either.
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This is a horrendous example of a council railroading the public it is supposed to represent and advise.
I regret there is nothing I can do to help as I am unfamiliar with Scottish laws, however it would seem to me that the council are acting ultra vires and the family should IMMEDIATELY seek judicial review and an injunction to stop them from acting, for once they have such a power granted by the courts it will be very difficult if not impossible to overturn it!
This is not legal advice , they must seek legal opinion from a qualified solicitor and should if nothing else take their own solicitor along to the hearing!
Your post hasn't registered on here Indyan. I think the family has consulted a solicitor and hopefully he'll be able to accompany them tomorrow as you say.
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