We've just put a story up on this report from the Mental Welfare Commission for Scotland on the pretty shocking story of a woman with learning disabilities whom agencies did not protect from a string of sexual assaults.

None of the alleged assailants have been prosecuted and it seems she was deemed unsuitable to give evidence in court when a proper assessment of her capacity to do so may have enabled her to act as a witness, but with support.

Instead, she has had overly restrictive care arrangements imposed upon her, which would not have been necessary had the alleged assailants been prosecuted.

Has anyone come up against these sorts of issues?

Mithran, thats just so sad !  I havent come across this type of thing (yet) but it really doesnt surprise me. People with learning disabilities are still the ideal victims for the reasons outlined in the report. It is heartening to know that at least the Commission is investigating and reporting on these matters . Its unacceptable that the professionals paid to protect this lady and plan her "person centred " care were so blinkered and failed to adequately report on this appalling situation. Maybe they thought if there was no paper trail it would all disappear. I think too many agencies still work in isolation and do not share resources and professional advice. Too many people working in the field of intellectual/learning disabilities recieve inadequate training and falsely believe themselves to be experts. There are loads of specially trained people out there who could enhance the quality of life of people like this lady but did anyone refer her on? Did anyone consult outside their own department? This is similar to institutional discrimination practiced in the health service but here it is being carried out within organisations specifically designed to protect and care for people with a learning disability.

Yes, all to frequently unfortunately.

The problem is two fold, either people with learning disabilities are considered to be ineffective witnesses so the case against their abusers is dropped leaving them at risk or else they are not held to the same law as others.  I think the law still struggles to accept that people with learning disabilities can be witnesses (and commit criminal acts).

The MWC report was interesting in highlighting some of these issues and caused some discussion in my workplace about situations where we have put in 24 hour care without clear legal authorisation in order to protect others because the law has been unwilling to pursue these cases in court but if the alternative is leaving children at risk of abuse what else can be done?  We didn't come up with a better suggestion but acknowledged the discomfort we felt about such scenarios.

Yes, perhaps it needs reform in the courts and CPS