Notes of attendance in Hull County Court - Mr Colin Revell (with non-legal
advocate, Jill Aylott)
13th February 2006
Request for an adjournment
Jill asked the District Judge Besford if there could be an adjournment for
the following reasons:
1.1 For colin to secure legal representation
1.2 For advice to be sought as to an appeal to the Circuit Judge
1.3 For the court to implement the access audit, prepared by Key 4 Learning
The judge said that the cases had been adjourned for over a year now and he
was aware that a decision has to be made about the stayed cases. He
reported that there were 19 cases in total (three of these cases were served
against Colin).
The judge said that on point 1.3 if there was an adjournment to another
court, the administrative processes were likely to be the same as they have
the same facilities and processes as Hull.
In relation to point 1.2 he said that if there is an adjournment to another
judge then the decision may be the same decision that has been taken thus
far.
The judge did report that he agreed that Colin should either have:
a) an assessment of capacity to identify if he could represent himself
or
B) have legal representation.
As Colin is pursuing legal representation he felt this was positive.
The solicitor for East Riding of Yorkshire council gave her concerns that
Colin had tried to seek legal representation before and that this had not
been successful. She advised that even with an adjournment there may still
be no legal representation for Colin. She argued that there are people
within the council who feel aggrieved by Colin's actions and that they need
representation in the same way that Colin needs to have a way to put his
point across. The council gave grave concerns about the continued delays as
the council staff experience distress and concern.
Colin reported that he also experienced distress and concern.
The Judge listened to Colin and Jill and he concluded that the issues of the
authority failing to implement the care plan may be better dealt with by way
of a Judicial Review. Jill did inform the judge that the care plan had been
updated by Colin and Christine Breakey and this was completed on 14th
December 2005.
The judge pointed out that the actions of the court were to decide if Colin
should go to prison or not. He said that the council are pursing an action
to be made by the court that if colin enters certain buildings then he could
risk going to prison. Colin stated that he was not aware of any such action
and that he had been told by the police that the actions have all been
stayed.
The judge reported that the application to be admitted to prison had been
stayed.
The judge asked Hempsons solicitors (acting for the 4 NHS Trusts) and the
Solicitor for the ERY council if they were agreeable to a 28 day adjournment
for colin to seek legal advice.
Colin reported that he had been co-operating but that when he had asked for
access to information under the data protection act, he had been denied
this. Colin talked about his assistive technology (the use of the camera)
and the failure to implement the care plan.
The judge again stated that the legal basis to challenge this is to proceed
through judicial review.
Colin reported that he feels his human rights are being challenged, he
should be having a monthly multi- agency care planning meeting. When this
doesn’t happen he feels he should protest and that is when he enters the
council buildings.
Colin expressed his concerns that nobody has updated him on the possible
consequences of going to prison should he enter particular buildings. Jill
explained how important it was for Colin to be given an explanation face to
face as well as to have details in writing. She explained that Colin has
difficulties processing information particularly when he is anxious.
The judge concluded that a decision must be made and that the staying of
applications cannot continue. He said that the 28 adjournment must be one
for
Either Mr Revell to have an assessment to determine his capacity to act for
himself
Or
Mr Revell to obtain legal representation.
The east riding of Yorkshire council shall file and serve within 7 days of
this order copies of orders and statements in actions involving Mr Revell
together with an up to date chronology of any relevant issues.
If a decision to appeal to a circuit judge is to be made then this must be
done quickly. Jill explained that she will not be advising that this either
happen or not happen as she is not legally qualified. This decision will be
one for the legal advocate to advise Colin on.
Colin still feels that his complaints made to the court have not been
processed and that the court is not making reasonable adjustments as
outlined in the key 4 learning report. He still has no access to the court
files, the complaints process and the court service.
Action Plan
It was agreed that:
1. Jill make contact with Irwin Mitchell solicitors in Sheffield to see if
they will transfer the bundle of papers across to the solicitors in
Liverpool;
2. The solicitors for the East Riding of Yorkshire council to pass updated
papers onto Jill Aylott, so that she can pass these on to the solicitors in
Liverpool.
3. Jill agreed to act as an intermediary to pass on relevant papers, and
outlined that her role would be restricted to this.
4. Jill Aylott rang Navin (from the circle of support) to explain what her
role would be.
5. If the solicitors decide not to take Colin on, there will still be a need
to find legal representation for 28 days time. Jill informed Navin of this.
Jill is unable to support Colin in 28 days time.
6. Jill Has passed on all the files and relevant papers to Colin and dropped
him and the papers at Arnolds storage in Hull.
7. Jill has retained her notebooks of meetings and telephone calls so that
she can draw upon facts, details and dates if she is required to present a
witness statement to the court
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