Is this legal?

ceebeeby

stebiz wrote: »

Why not lock her in her bedroom? Let her out at out for Breakfast and Tea!!:mad:

I know you meant know offence, but we are in 2009. If this young lady suffers from Mental Health issues, that may cause forgetfulness, there is no need to treat her in that way.

Rant over!!

Stebiz

Rant away Stebiz, but I get where the poster was coming from.

Now the lady is known to 'take belongings without paying for them' from a retailer, as a direct result of her Mental Health Issues (as per OP) then it makes sense for her to be accompanied on shopping trips, else eventually the police / retailers are going to be mightily peeved at the letters / prosecutions etc.

MORPH3US

stebiz wrote: »

Why not lock her in her bedroom? Let her out at out for Breakfast and Tea!!:mad:

How melodramatic.... I think you need to read my post again especially the main bit

"If your daughter has "mental health issues" that could result in her "stealing things" then why are you letting her walk into shops on her own...? Surely you should be keeping a closer eye on her to stop her getting into this trouble..."

If my child was obese I wouldn't fill the cupboards with biscuits and cakes, and if my child was likely to stick his hand in a fire then I wouldn't leave them alone in the lounge with an open fire roaring away..... just the same as if my child was likely to "steal" things I wouldn't let them walk alone into shops and end up getting themself arrested...

Where does that equate to locking people away?

I give up

adouglasmhor

Andy_L wrote: »

or they take her to court to recover their costs eg:

Restocking (ie the £3 cost)
Security guard(s) time
Managers time

And if she has diagnosed mental health problems they get
Restocking SFA
Security Guards Time SFA
Managers Time SFA

bad publicity plus court costs £loss.

Fire_Fox

I'm not really sure if this is applicable here but it might be worth asking on the Debt-free Wannabe board .... certain debt collection techniques cannot be used against those who are classified as vulnerable and this includes mental illness (presumably depending on the condition as there are many forms and degrees of mental health disorder).

stebiz

MORPH3US wrote: »

How melodramatic.... I think you need to read my post again especially the main bit

"If your daughter has "mental health issues" that could result in her "stealing things" then why are you letting her walk into shops on her own...? Surely you should be keeping a closer eye on her to stop her getting into this trouble..."

If my child was obese I wouldn't fill the cupboards with biscuits and cakes, and if my child was likely to stick his hand in a fire then I wouldn't leave them alone in the lounge with an open fire roaring away..... just the same as if my child was likely to "steal" things I wouldn't let them walk alone into shops and end up getting themself arrested...

Where does that equate to locking people away?

I give up

I understand what you are saying but surely we don't want to go back to the days when the 'mentally ill' are kept in buildings, hiding away from others in society. The daughter is entitled to wander around town by herself, and have her own freedom. The only exception in my view, is if they are likely to harm themselves (or others), and that is clearly not the case here.

I've seen Mental Health from very close up.

Regards
Steve

fozzeh

Steve, you saved me some typing. I worked with impaired children at uni' and social exclusion (in this sense) is what we need to eridicate.

To counter it all, I would write to TKMaxx HO (TK MAXX LIMITED, 50 CLARENDON ROAD, WATFORD, HERTFORDSHIRE, WD17 1TX) and say your daughter was treated unfairly and would like to complain about this lack of understanding and compassion for her after explaining the situation (from Customer Services, in store and exampled in the ban) and thinks it isn't a good reflection on your company in regards to the Disability Discrimiation Act. See what they would say then.

Vomityspice

I can't see TKMAXX going to court for £3. It would be madness. Their costs would be far in excess of £3 so it is financial nonsense to proceed.

In addition, TKMaxx couldn't claim for the cost of the security guard or the manager (they are there already). They could only claim for the actual 'loss'. As the loss was recovered (they got the shampoo back) this means the claim would be for what?

Would TKmaxx issue proceeding on a point of principal. Not a chance, they are a commercial enterprise and will know that the the risk ratio is a non starter. Getting a legal bod to start the claim would cost them more than they can recover. Never going to happen!

My advise is to politely decline there offer of settlement and I suspect you will never hear from they again. You can see a free solicitor now, but perhaps it would be much better to wait until they actually issue proceeding (which I suspect won't happen).

dfh

It is sad that even in the 21st century,prejudiced views on mental health appear on this board.well said steve

MORPH3US

dfh wrote: »

It is sad that even in the 21st century,prejudiced views on mental health appear on this board.well said steve

Yes, thats exactly what it was... prejudiced views... nothing to do with trying to protect someone who could (and obviously has) got into trouble... just pure prejudice about mental health....

Lock all the nutters up and never let them out again I say :rolleyes:

There now your little mind doesn't need to imagine peoples "prejudiced views on mental health"..... :rolleyes:

preciousillusions

I am really sorry this is happening to you. I suffer from mental health problems too and have in fact been let off of 2 shoplifting charges befor for being ill and 'not in my right mind' (i didn't even know what i had taken when they asked and was a complete state, had to be taken home by police the first time), so can imagine how traumatizing this is for your daughter (my situation was slightly different of course as i knew what i was doing in a sense but it was no way planned or calculated and was influenced by my illness. Doesn't make it right at all but i know neither situations would have occured if i had been well, such as in your daughters case).

I really hope that you will get a satisfactory reply from TK MAXX once they are aware of your daughters full condition. If they don't i would get hold of someone that deals with the Disability Disciminations Act. Keep us posted if you can and just continue to support your daughter as best you can, as i am sure you already do. xxx