DVLA (and some of their dubious clamping contractors) have decided that any parking area in Trowbridge is 'owned by the council' and therefore 'deemed' to be part of the public highway. Well, we deem that it is not. Councils are our servants and are not there to 'manipulate' understandings to benefit other official agencies, even if the a belligerent minority 'pressures' them to act in their minority interests. We would have fought the case even if it was the Council, but the error is bigger.

In this case, we advised the person to contact the Housing Association who owned the 'Freehold' on the amenity space and get this confirmed with them (we had already checked in a similar case). We also advised them to give notice to the DVLA official (or their contractor - it was not clear at the time) that the car had been unlawfully clamped, 'Without Notice, or Just Cause'. Advising them not to remove her vehicle and to 'unclamp' the vehicle within 48  hours, or the clamp would be removed.

Within 2 hours of that notification they had complied with the request. Others on the estate and even some on the private parking areas of blocks of Flats in the locality, have not been so lucky. I have personally watched a Contractor remove 2 cars from a similar 'off road' parking area, without written notification to the owners, or a sticker giving notice of this intention. I strongly advise people to make complaints and even take matters further if they can. It has to stop.

Explanation:
When Councils sold off their housing stock to Housing Associations, the 'off road parking' that accompanied the original housing moved into the control of the Housing Associations. Anyone purchasing their home has right of access to these areas (but often no specific entitlement to a particular space). They are, to all intents and purpose, privately owned with shared access right for the residents and visitors. The same is true of Private and Housing Association, rented flats with 'off road' parking areas. These were (and often still are) designated as 'off road parking', as required in modern planning.

The 'set back' parking areas; that is between the 'kerb slope' and the pedestrian pavement (the pavements are public highway') and the marked bays to the side and rear of blocks of flats, are clearly designated 'off road' parking areas. They are distinct from 'lay-by', or on-road marked parking areas (which may, or may not be privately owned by landlords, or by some shared private, 'public access' arrangement). In fact, this off-road status is even reinforced by the legal requirement for modern accommodation to have 'off road' parking. It is always worth a good challenge, for this reason alone.

Council owned blocks of flats (now rare) sometimes have their 'off-road' parking areas deemed to be public highway. This is challengeable. The Council's ownership is by virtue of them being Landlords, not in their role of civic responsibility for the local highways. If you live in such accommodation and have 'off-road' parking that the Council have 'deemed' to be public highway, you can challenge this on the basis that their 'landlord' role conflict with their 'civic' role. The treatment of people in 'social housing' as different to those in Private flats is prejudicial, both in terms of UK Law and in terms of Human Rights.

The transfer of 'highway amenities' from building Site Developers to the Council, after the building works are completed, is complicated. Even then, what areas of the Site constitutes 'the public highway' is disputable. It is always worth while checking, or disputing such cases. Institutions often take on too much power for themselves and follow the 'general' advice of their Solicitors. Finer analysis of the facts often leaves Councils and Highway Agencies insecure in their arguments.

The Institutional attempts to designate these 'off road parking' as highway is prejudicial, discriminatory and divisive. It puts some Flat Dwellers and Social Housing Tenants at a disadvantage compared with private house owners. It is also another intrusion into our private lives and entitlements. Make a stand now.

Your Rights:
Basically, ordinary people have the same rights to 'assert' their basic legal entitlements as any official institution has. The institution then has an obligation to consider this assertion before taking further action. Failure to adequately do so, or be seen to do so (even if they later are proven right in 'fact') is still a failure of their duty. These arrangements are by mutual understanding, constrained and directed by Law, not specifically and individually determined by Law. Giving Notice is a Fair and Just exercise of the Law, in keeping with the public interest. This is undermined to all our detriment, eventually.

Other, 'higher order' Laws often (if not usually) take precedence. A court can find any legally defined, or Policy prescribed action 'unlawful', if the appropriate procedure and process is not followed, or a decision is unjust in any way (say; by way of any form of demonstrable discrimination, or prejudice). These kinds of disempowering and overbearing actions are Punitive and Unjust. They create more conflict and distress than they relieve. They work counter the Law and Justice and are usually in breach of basic Human Rights, which now have power of Law and need only be 'asserted' to take effect.

If it feels unjust then it probably is unjust. Speak up for yourselves.
 

We are also interested in collecting 'Classic Official Lines'. If you have been told something by an official, which is clearly ridiculous, abusive, prejudiced, full of contradictions, or just plan stupid and ignorant, let us know. We will publish these anonymously, for the purpose of illustrating the kinds of cock-ups that officials can make. We all make stupid comments from time to time, but some are so outlandish that they are entertaining (if you ignore some of the distressing consequences).

Before you start winging on about this being nonsense and tripping down some prejudice route which concludes that you can't trust anybody, etc. . .  Most people who say that 'people have to earn respect', actually have already given up their entitlement to respect themselves. It is a phrase that most abusers use to justify their continued abusive, disrespectful and humiliating behaviour. You also hear it expressed by politicians and officials much of the time. Need I say more.

When a wise mother tells her child that they have to earn her respect, she is referring to the fact that the child's behaviour has temporarily 'lost' her respect. It is part of a learning process, where the child (who deserves respect as a right) has to 'earn it back', subsequent to their poor behaviour. In such a case 'love' and 'dignity' are maintained. Anyone who borrows this 'lesson' as a general rule for life, 'disrespects' everyone they meet. Such people are often pretentious, bombastic and prejudiced.

The Right to Dignity:
That out of the way; lets look at this whole idea of 'dignity and respect'. Why have the wise and knowledgeable in most of the civilised nations of the world, come together to establish a fundamental entitlement to 'dignity and respect'. Why have civilisations of every persuasion, throughout time, established similar rules, even in respect of their enemies and prisoners. Again, recent evidence of military and police conduct indicate a loss of moral and ethical understanding of this principle.

The simple facts are; by virtue of natural justice and as a result of the establishment and ratification of fundamental Human Rights; everyone is entitle (in Law) to being treated with 'dignity', under all circumstances. People only loose that right, in accountable, incremental measure, as a consequence of their, 'unlawful', 'abusive' and 'prejudiced' conduct. Even so they can earn that fuller entitlement to dignity back, by recognising and adjusting their conduct, even in response to sanctions.

So, the correct expression of the principle that we have become so used to stating, without thinking, is: Those who have individually demonstrated, through their attitudes and behaviour, a lack of respect for others, such that the dignity of others is impaired, can reasonably be required to earn that full respect back. In short, 'those who dis me must earn back my respect'. Those individuals who show me appropriate dignity & respect are entitled to dignity & respect as their right.

It is reasonable to criticise and disrespect institutions, organisation and professions on the basis of their 'general' failure to meet their obligations and responsibilities. Never-the-less, each official, or professional worker (along with each customer, client, accused, or patient) are still entitled to individual respect and dignity, unless they demonstrate their disqualification, by virtue of their own, individual conduct. We should all be slow to judge and only judge others by their 'conduct' alone.

We therefore have to take some care to avoid criticising individuals when we complain about the general conduct, methods and mistakes of the institutions that they work for. The only legitimate criticisms of the individual are those that arise from their conduct alone, or their misplaced, or dishonest justification of the misconduct of the institutions they work for. In all other respects, the individual is entitled to dignity and respect. No one is expendable, in any respect, including their dignity.

Secondly, I was then working with significant numbers of people who were suffering the psychological and emotional consequences of childhood abuse, neglect & humiliation.  Others suffered because of their brutalisation & humiliation as adults. It was clear that severe Mental Ill Health was a consequence.

Like Erin, I recognised that it was mainly women who bare the brunt of 'adult' abuse, but there were also significant numbers of men abused by women. She recognised that women abused children more than was acknowledge and appreciates that the psychological & emotional abuse is the most damaging.

Erin now tells her story to the Daily Mirror and Radio 4. You may be surprised and enlightened.

We can all be naive, or ignorant enough to pretend this is not happening. Its a kind of democracy I suppose; If most people believe something to be true (or not true), it must be the case. We are also great at collective 'projection' as well as collective denial. It is all happening over there, or next door, or in that class, or the other culture. Wake up! we are part of it.

As an Adult we are asked to put away childish things - How Convenient.
As a child, I first assumed that it was normal to be beaten with a slat of wood and punched; made to stand-up-still for hours and told you are stupid, a jinx, pathetic and the cause of a parents problems. I also thought it was normal to get touched up by adults, or for them to get drunk and then kick you round the room for rejecting, or criticising them. I talked to others in kids homes and realised how lucky I was. They felt unable to talk to adults. All things are relative in our democracy.

After surviving being a child, I looked to became a teacher, then a social worker. I casually told social work colleagues how prevalent abuse was, in all kinds of families, schools, children's homes and homes for disabled people. I described how sad and deprived the kids lives often were; How some described being sexually molested and even raped. This was a while ago but things have not really changed so much. Kids are still not properly listened to, or circumstances competently investigated.

I described how these kid's family experiences were sad enough, but sometimes the arrangements for their alternative care was more distressing than the experience within their families. Also apparent was the indifference and insensitivity that kids were shown, when taken into care. Responses were often disproportionate and sometimes ignored and delayed too long. Clearly these kids were either not being listened to, or had no physical marks to show the emotional pressures and abuse.

I was told I was exaggerating and these Professionals spoke about the years of experience they had and how naive I was by comparison. My reply then is the same as my reply now. Some have many years of experience; all from the same limited, prejudiced perspective. I can't help but see every experience as an individual event, every day of my own and others lives. Another typical argument is that those who have experienced abuse are too 'emotionally involved'. Really?

Experience is relative but denial is universal. Nothing is sacred. Anyone, anywhere, at any time, can be deluded that abusive behaviour is absent, or else acceptable under the circumstances. Some of the most dangerous delusions are not those of the individual, but those of a group, culture or society. Cultures & societies become 'sick'. We need a cure. Professionals tend to reflect social norms, or set the bad attitudes & examples for others. Some still get it right though, even under this scrutiny.

Please Protect us from the Experts:
Some of those who decried and dismissed my own and other's early childhood experiences became self appointed 'experts' in sexual abuse later. God help us all. Now, there are still some who question my 'qualifications', to do the effective work I do. I suggests they leave their job. They are not fit to do it. They see difference as abnormal and anger, or criticism as flaws. They are inherently prejudiced and narrow minded. They mistake being 'decisive' & 'rational' as being the same as being 'right'.

Social Work and Health & Social Care in general, requires intelligence, critical insight, good judgment, open mindedness, ability to reflect on events and experience and an ability to be empathetic, enabling & inclusive. You never fully qualify as a social worker, only as a social mechanic. Its easy to follow policy; all you need is a retentive memory and blinkers. You can't study insight and wisdom. These are required for the early recognition of institutionalised abuses, which are always there.

Listen to disclosures, intelligently check things out. Speak up, but keep an open mind, in all respects. Appreciate that people are fallible and make errors, look for consistency and inconsistency. Never be abusive or insensitive, to any side; it makes people defensive. Make your choices; but we will continue to highlight failings until 'all' professionals & managers hear the message; Get adequate insight and hone intuitive skills. Nothing is sacred; not even professional status and title.

We all make mistakes; acknowledging this takes courage. Errors are an unavoidable consequence of trying to get things right; mistakes are the consequence of not recognising & correcting the errors. Get real, be transparent and get honest. There are no real experts, other than the expertise of an individual's experiences, expressed in the terms that the person is best able to use, to represent their unique experience and consequences. No two abuses are the same, any more than any two people.

We need to take control of our lives and the circumstances that aggravate our health. Some things we can better control directly, like our diet. Some things are the result of things that are largely beyond our influence. However, the level of anxiety and stress we experience is a massive contributor to how our natural ailment affect our overall health.

Insist that those who impose these stresses stop doing this. It will reduce the effects of any ill health and aid your recovery. The toxic contributions of modern industry and transportation also make their contribution, each adding to the burden that our bodies have to compensate for. Our bodies are incredible, but they need our help to do their job properly.

There is massive denial of the toxic effects of the chemicals used in food, pesticides, production of our wonderful technologies and which offer us the freedom to travel the world.  There are always effects – it is unavoidable, we can only mitigate them. We don’t want to give these benefit up, but we need to demand that the effects are monitored, removed or changed, as soon as they are recognised as ‘aggravating’ our vulnerable health. We need to insist on greater honesty of industry & government.

Life and work stresses, along with all forms of ‘toxic’ poisoning (smoking, drinking, drugs, driving, modern food production, materials production and technology usage) make the biggest contribution to how our ill health actually affects us (manifests). These important contributions lower our immune system's ability to fight off the effects of ‘natural’ poor health. What would have been a sad enough misfortune, is often magnified by our bodies resulting inability to cope with overload (Overwhelm).

Our commercial, industrial and governmental institutions have to take responsibility for most of these effects. They are known, researched, on-record and there are often known remedies and resolutions – it cost money and that’s the problem. Legal Eagles, Irresponsibly Companies and Governments take each case and try to demonstrate how ‘a particular effect’ is of ‘low’ concern. They defend each effect as making a minimal contribution to ill-health effects (to protect their interests).

What is not acknowledged is the more intelligent understanding of the ‘magnifying’, or 'multiplying' impact that each of these effects have on all the other contributing factors. Defenders seek to show that ‘their’ (ir)responsibility does not cause significant impact of itself. They seek to dismiss, or deny the significant contribution it does make, in the cumulative, interactive part it plays within our environment & bodies. Sometimes this is due to straight dishonesty, but often it is just collective delusional thinking.

Most scientific researchers are funded by industry, commerce and governments, with vested interests and blinkered thinking. Your individual voice is potentially more powerful in highlighting the truth than you realise. Lawyers are not as clever as you think. They just sound it. Their logic is sound but they often choose false premises. Ask questions and watch them stumble. The Law is basically sound at its base, but 'arguable' in its interpretation and implementation. Ask simple, challenging questions.

Speak up and demand to know what the combined effects of the various stresses and toxins have on our overall ability to recover from our health problems. There are some sound, independent researches on the identified reduction of our immune system’s ability to cope with toxins and stresses of modern life. Most of us have seen and heard of these effects and they make intelligent sense, as well as stand up to scrutiny. Challenge the denials - beware Experts bearing false witness.

Mental Ill health affects most of us to some degree, at some time in out lives. It is not until you experience it yourself, or with someone close in your family, that it is possible to understand its impact and even its causes to some degree. Like any physical illness, it is seriously affected by stresses, trauma and toxins (like food additives, drugs & alcohol). The early symptoms actually serve a purpose, but fear & ignorance means that we panic, rather than take notice of the warnings.

Depression & stress reactions (like bereavement) are messages to us to take a break, step back a little and get over our distressing experiences. Some of these experiences are social (like work & family stresses) and some are induced by poor health and social attitudes. They are not signs of weakness, as is often supposed. In fact, it is those who have the determination to keep going against these odds, who put their physical health most at risk.

Another professional assumption is that the causes are ‘organic’. This is a very simplistic & rather lazy thinking. It only represents a very few sad cases. The Genome project is If we stay in distress, loose all our confidence, listen to negativity and take toxic medication long enough, nearly anyone would appear to have organic symptoms. Some conditions, for some people, may become so entrenched that powerful medications become necessary of course. This is always a balance of risks.

The evidence is that we may all be vulnerable in some way, but ‘how’ mental distress affects us is determined by a combination of our body chemistry, personality and our social experiences. Fear and ignorance of the effects of distress are the biggest dangers, in the degree of hold that serious mental illness can take upon us. Public Media and Attitudes are atrocious, but these have been generated by out-dated, lazy professional thinking & ‘legalistic’ views on mental health.

Cultures develop ‘sick’ attitudes (think of the Nazi, Fascist, and other extreme Communist, Capitalist, or Monetarist impact on cultures: Mafia, etc.). These institutional & political effect have done none of us any favours. In the main, it is People who make People sick. Check out the affects of child abuse, unreasonable work stresses (Health & Safety Risks) abusive attitudes at any age and any form of cultural or institutional prejudice. Read up on Milligrams Experiment: The Experiment ; Videos.

These all affect people’s mental health and 'feed' abusive personality traits (including psychopaths & sociopaths), above all other factors, but public official have to deny this. Someone has to take responsibility for the consequences and the victim is the least likely to be arguing (until later anyway). It is a Victorian trait, only slightly better than the idea of 'possession', as an explanation for explaining 'distress reactions' to persistent abuse and negative social expectations.

Some of us are just more stubborn and pig headed. It is then our physical health that suffers. Be warned being prejudiced towards people who are, or think differently, is the worst form of oppression. It causes the worst forms of mental ill health. The worst effects go unrecognised, institutionalised into our culture and generating the exaggerated fear of difference that we know as institutional prejudice, where it becomes 'OK' to blame minorities for all our self induce ills (Projection).

Most of what you will read on this site could apply to you in some way, now or later on, if  you don't recognise what is happening and get it stopped. It is the people with the Strongest Wills,  the most Caring, Socially Aware, Just Minded & Thoughtful, that can become 'victims'. It is the self-interested, bombastic, least considerate people and the weakest willed, who become Bullies & Abusers. Size & strength makes little difference (Check out 'Sociopaths').

Don't forget, bullies can be crafty and skilful. Some are very intelligent and manipulative. Some bullies are good at playing the 'victim' game. Some even play the hero. They are experts at understanding vulnerability, exploiting small weaknesses, projecting their guilt and anger onto others and dumping their crap on yours. Get it sorted out. Check out what is rightfully yours and give the rest back where it belongs. Beware; most abusers look like every one else.

Contrary to popular opinion and many professional theories & practices: The early stages of 'mental ill health' are actually beneficial to us. Stresses beyond normal levels of tolerance, extending over protracted periods of time, with inadequate resources and opportunities to correct stressful situations, cause 'shut down' of our 'central processor'. The resulting depression &/or anxiety state, causes us to 'stop' what we were doing, thereby protecting our bodies.

If we fight these natural reactions, we can override them for a while and keep going to make a situation safe. If we fight on further still we put our bodies at risk of ill health. Similarly, if we allow others to push us beyond this healthy point, this also causes serious health problems. This can happen in any kind of relationship, including employment, personal, or family situations and school. It is essential that you make a stand against these unacceptable, abusive pressures.

Take note and record what is happening around you. Take notice of your suspicions early. Trust your own body and thoughts. Stick with your gut feelings. Go with your heart. Check out the facts. Don't listen to other's excuses and justifications. Listen to good friends, unprejudiced advice. Speak up about the difficulties without 'shame'. Insist that unacceptable pressures and abusive actions be stopped. Put a limit on what you can tolerate and 'survive & thrive'.

Social Services, Policing, Probation & Education Services have faired less well in the public criticism stakes, and get considerably more 'general' criticism. None-the-less, under restrictive, micro-managed, government constrained conditions, most professionals seek to provide quality, unbiased, client focused services. The service structures themselves, are often incompetent, misinformed and inefficient, frustrating good health & social care practice.

There is a wide range in the 'quality' of professional service, from individuals, wards, teams and even whole services. The level of insight & consideration extends from excellent, through indifference, to neglectful and abusive. There is rarely malicious intention, but there are exceptions of course. Where excellence does exist, it is usually in spite of the service structure. It is possible to persisted with excellence, against a tide of managerial incompetence.

The most striking failures are a serious lack of knowledge in Community Care & Health Service legislation, the legal status of Human Rights, a poor understanding of Mental Capacity and unskilled Assessment and Management of Risk. This is couple with a tendency to kowtow to self seeking Management demands, which often express such an overwhelming sense of their own importance, that they are unable to understand the uncooperative reactions.

Many fail to see how they can be 'Controlling' and 'Abusive'. The problem is, such arrogance often hides (and generates) a lack of critical thinking. Some, of course, don't care what service users think, until it threatens their position. All this tends to distracts professionals from their most common, fundamental weakness; that of having poor 'caring skills' and a lack of 'enhance social skills'; so necessary to be effective professionals.

For various, peculiar reasons, these 'lacking' professionals often become the less competent Managers of Services. The modern management approach arises from the false assumption that 'decisiveness' (of itself) makes for good management. We are now suffering the consequence of Thatcher & Reagan era of decisiveness.

It is the Alan Sugar and Gordon Ramsey Schools of Management - Please, someone tell them - this is just an entertaining Joke, it is not meant for real - These inept methods were seen to fail last year (The Crash) and in previous years (other Crashes). If you want an entertaining perspective on 'unskilled insightfulness'; 'opening your mouth before putting your head in gear'; and 'how to be condescending'; view 'The Office' (UK or US versions).
 

Basically, we have lost it. We need to get back to our ethical roots and stand up against bullying, negligent styles of service management and politically motivated distortions of service principles. There are nearly enough resources to do the job. They are being very badly used, in very defensive & controlling ways; talking the talk and not walking the walk. Professional Practice is now often for the institutions' purposes, rather than the needs its customers.

It is time to get real, get honest and to be transparent. Professionals generally get it wrong, in being 'right'. We then passed on that profound ignorance to our customers. We can be too cocky and self congratulating. We can know too much and understand so little. Of course, many practitioners will not understand a word of this and others will offer good academic rationales to justify their continued, incompetent and insensitive practices.

The rest of us 'vocational' types have to live with that, or make an intuitive, skilful stand against it. Speak up and keep smiling; the truth wins through in the end. Just a word of warning though; Is your profession gradually being transformed from 'agent of care and support', towards one of 'agents of control and exclusion'?

Just a question - you give the answer . . . . . . . . See more on the link below.
 

If we analyse the underlying character of how these practices developed, we can see that they have all the hallmarks of 'abusive practices'. Most people are susceptible to this kind of institutional dishonesty & abuse. For any society to thrive, it must establish and maintain organisations that ensure justice, peaceful coexistence and the provision of the essential commodities and basic services. To succeed at this, Institutions need to be reliable and honest.

This has been understood to be the case, in one form or other, since the dawn of civilisation. Whether it is the eventual successful cooperation between families, tribes, communities, or nations, the establishment of formal arrangements for organising societies is unavoidable. This is clearly a fundamental part of human genetic characteristics; as are the fact we stand upright, use language and have pre-determined hair colour.

I am not so much interested in the how and why, just the scientific fact that this tends to happen. The periodic collapse of tribes, communities & nations is also a fact; as is the tendency for societies to regenerate out of the chaos. These Institutions periodically become corrupted through being partisan, self interested, self protective and prejudice. The term 'corrupted' is used in a scientific sense; the dissociation between stated objectives and actual practices. LINK