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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, I am diagnosed as bipolar affective disorder. I was on

Customer Question

Hi, I am diagnosed as bipolar affective disorder. I was on holiday in Spain and became unwell and committed an offence. I was convicted in court but acquitted under the grounds of mental illness and was given a five year hospital/prison order and was placed in a psychiatric hospital/prison in Alicante called Fontcalent. I immediately applied for repatriation to the UK. I received no help from the foreign office and my birth mum rang them every day. I was returned to the UK after 4 1/2 years in handcuffs with three policemen from the Uk and had to spend another 2 years in a low secure private mental health unit. I believe that as I had a mental illness and was a vulnerable adult I should not have been punished like a convict. I believe that the UK Government should have helped and that the law should be changed. just because I was ill I was punished severely and kept away from my family in a foreign hospital. that is wrong in my belief.
It is interesting that in the news sat the moment are convicted female drug delaers in Peru who may be able to serve their sentence in spain. Your thoughts please. is there any sort of case against the UK government?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What loss did you suffer as a result?

JACUSTOMER-zmv5d20z- :

The loss I suffered was not seeking medical attention in the UK where I would have received greater care because they knew my medical history. secondly I lost over 7 years locked up including spain and the uk. if I had been repatriated I could have made quicker progress and been released quite possibly within 2 years. I was deprived of being close to my family. I believe that it is a human right that if you are ill this should not be taken away from you. I also lost valuable years of my life in terms of relationship and career which I do not know how you quantify.

Alex Watts :

But you had been locked up anyway? What value to do you put on your loss?

JACUSTOMER-zmv5d20z- :

I'm not interested in financial gain. Now I earn £15,000 per annum and am self-employed. I do believe that the law needs to be changed whether it is a UK or European law because I was effectively punished instead of treated by being made to serve the sentence in spain rather than the UK.

Alex Watts :

This is an interesting one

Alex Watts :

You have no actual right to serve a sentence in the UK rather than Spain

JACUSTOMER-zmv5d20z- :

If I was to receive compensation I would of course accept!

Alex Watts :

Spain has to make a request to the UK government, so there is no automatic right

Alex Watts :

However do the home office have a duty to you - no

Alex Watts :

They are a public body of the government and no contract exists between you and them

Alex Watts :

Its like you and the Police - they have no contract with you.

Alex Watts :

If you report a crime it is a matter for them whether they investigate.

Alex Watts :

Therefore sadly based on what you have said, I do not think you have a case against the Foreign Office

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zmv5d20z- :

NO, that's fine. But I have lived in this system for 7 years. I have been completely punished and humiliated. My mum had to save money to fly to Spain. there was no proper dialogue between Spain and the UK. I was left to rot and the UK Government did nothing. As a result of a psychiatric illness I was punished and that is not right. I know that.

Alex Watts :

Yes I understand and I am sorry its not better news.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zmv5d20z- :

Thank you for your help and advice you have given my son. I would like to add a few comments if I may. I am Richard's birth mother. I unfortunately had to give Richard up for adoption in 1968. We were reunited in 1992. This came as a life changing experience for us both, it culminated with my divorce and a hugely difficult time. None of this has been ever catalogued in terms of media. Richard became ill during this time, and I have had to go through hell and back - the five years he talks about were terrible for him and myself. I went to Foncalent. I saw his face looking through a little window - oh - that haunts me - then was imprisoned in the UK for a further two years. The guy was ill - not a criminal. I understand that you do not make your judgements on emotion, but simply facts. The fact is that Richard had been reunited with his birth mother, became ill, and no-none helped him. He has been denied the fundament right to be understood. He has been treated by foreigners and authorities here badly. The foreign office were of no help whatsoever, they were powerless. Richard has suffered from this humiliating experience as have I. Richard was educated in public school, has a degree from Staffordshire University, is an Msc and is now studying to become a chartered accountant. He is now faced with catch up years, but this whole experience is something I would wish on no-one. All I conclude is that this has ruined his life and mine, and we do not deserve to be treated this way. No one does - it is about time that Foreign Nationals in such a predicament have more help available when they are at their most vulnerable, rather than be pumped full of drugs and controlled by heavy handed people. Please do not respond with platitudes - Barbara Warden

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