Tuesday, September 4, 2012

letter to Barry O'Farrell 4th Sept 2012


The Hon Barry O’Farrell
Premier of NSW
Level 40, Governor Macquarie Tower
1 Farrer Place
Sydney, NSW 2000                                                                                                4th Sept. 2012

Dear Premier

I have written to you several times. Whilst I have not received a response to any of my letters it does seem, from the actions of others further down the NSW Health bureaucratic chain, that the contents of my letters have been noted by your office. Indeed, for some time it seemed as though Ms H was at last receiving the treatment she has needed this past decade and which has been denied her as a result of the malicious incompetence of doctors such as Dennis Ladd and the bureaucratic indifference of doctors such as Michael Patton. However, it is not about Ms H’ past history with NSW Health that I am writing this time. I am writing about a rumour I have heard which may or may not be correct. If it is not correct no harm will come from my placing this letter on file. If the rumour is correct this letter may well become evidence in a future court case.

I have been, to all intents and purposes, Ms H’ ‘dad’ this past 25 years. Ms H refers to me as her ‘father’ or her ‘dad’. I am also Ms H’ Primary Carer – a fact that has been known to NSW Health for many years now. Despite my being Ms H’ Primary Carer it is rare indeed that I am treated as such by NSW Health – a department in your government which, as a matter of course, breaches its own guidelines vis a vis the rights of Carers with what can best be described as contempt. So, it came as no surprise, when Ms H entered Manly East Wing 10 or so days ago as a voluntary patient, that no-one from NSW Health bothered to notify me of her presence or to provide me with any information at all regarding her well-being. As it happens my own life has been, this past few weeks, filled with complications that have made it difficult for me to pay as much attention to Ms H as I normally do. This happens from time to time.

Last night the police came to my home at Palm Beach looking for Ms H. She was not with me but, it seems, the police believed that she was because my telephone (which used to belong to Ms H) indicated that she was. It seems, and here I am not 100% sure of my facts, that Ms H had, in her role as a voluntary patient, effectively absconded from manly East Wing. This is not unusual. It has happened before. However, upon speaking with Ms H’ former defacto, Paul McCall, currently residing with Ms H, I was told the following. I cannot attest to its truth or accuracy but it is, for reasons that will soon become apparent, important that I place this letter on record.

Mr McCall told me that the reason why Ms H had absconded was that she had been told by someone in Manly East Wing that she was to be scheduled. This raises all sorts of questions – the first of which is: Why was I not, as her Primary Carer, informed of this? According to Mr McCall Ms H had also told him that someone (I don’t know who) within Many East Wing, had told her that part of the process of her being scheduled would involve her signing over the rights to an inheritance she has recently come into, to the NSW state government. I presume this means that the NSW government would, in the process, make Ms H a ward of the state and take control of her finances.

If this rumour is true, let me place the following on record. Ms H is aware that she suffers from bouts of mental illness. During these bouts she is not (as she would be the first to admit) in a position to make sound rational judgements about how she spends whatever money she has. For this reason she asked me some months ago, when she became aware that she was going to inherit money and other assets, if I would become her legal guardian. This I agreed to. She and I went to Manly Court to get some advice and to acquire the appropriate forms. Whilst these have been filled out, they have not been lodged. There seemed to be no urgency to do so and Ms H’ relatively recent serious back operation and my being overseas has resulted in the forms not being lodged. Ms H and I have talked about lodging them several times but, for one reason or another, we have not got around to it. So, it comes as something of a shock, to both Ms H and myself, if the rumour is true, that NSW Health has a plan to take on the role of ‘legal guardian’ or whatever the appropriate legal expression may be to describe the person or entity who takes control of another person’s finances.

Again I have to ask, if this rumour is true, why no-one from NSW Health has thought to mention it to me as Ms H’ Primary Care, to discuss it with me!?  

It may be that Paul Mc Call has misunderstood what Ms H told him. It may also be that Ms H has misunderstood what she has been told or what she thinks she had been told by someone within Manly East Wing. However, if Ms H has not misunderstood or misheard and if Mr McCall’s account of his recent conversation with Ms H is accurate, please be aware that any attempt by NSW Health to take control of her finances will be vigorously defended by Ms H and myself.

There is another element to this that is relevant. Many East Wing’s response to Ms H’ bouts of mental illness (and the same is true for MHICU) is to pump her full of drugs to calm her down. Ms H refers to this as being tied up in a chemical straight-jacket. Whilst in this over-medicated state Ms H cannot think straight, cannot speak properly and is in no  position to make rational decisions about anything. I have before likened this state to Ms H being a ‘zombie’. If, in this ‘zombie’ state, Ms H were to be paraded before a Magistrate he could be forgiven for arriving at the conclusion that she was in need of being ‘sectioned’ and, perhaps, by whatever legal means are at the Magistrate’s disposal, taking control of her own estate out of her hands. I trust, despite NSW Health’s contempt for me as Ms H’ Primary Carer, that I will be informed of any attempts that NSW Health might make to either schedule her or to take control of her finances.

I trust that NSW Health is not engaged in a process whereby it schedules Ms H and takes control of her finances but if it is, if the rumour is based in fact, not only will Ms H and I vigorously argue against it, but we will point out in the most public of forums how it is that we got to the point where such a thing could happen.

I began, in a blog a few months ago, to give an account of what a mess NSW Health is – telling Ms H story in chronological sequence. I will, as soon as I have the time, continue with my blog and hope that at some point a mainstream journalist will pick up on it as an example of just how hopeless MSW Health is. In the meantime this letter can go on file, to be produced in court if Ms H needs to take an action against MSW Health in order to have returned to her, with my assistance as her legal guardian, her right to control her own finances and not have them controlled by a government body that has failed, miserably, this past couple of decades, to provide her with any assistance appropriate to the realities of her mental illness.

best wishes

James Ricketson