Unfitness to Plead Consultation Responses - Law Commission ...

At this time, Mr O ceased engaging in his new education programme at the Urban
Academy, the relationship with his mother had become increasingly poor and Mr O was
taken in August to social services by a Kids Company representative as he was
extremely depressed and had no food or money for clothes and cited he was about to be
made homeless. He was relying on street crime to survive. We were significantly
concerned about his depression and efforts were made to encourage him to make use of
therapy to deal with some of his trauma and depression. There was some debate
between boroughs over who was responsible for conducting his assessment however
his case was assessed at Lambeth.
In September Mr O decided he wanted to attend mainstream college and so he was
taken to Clapham college to enrol. During this time Kids Company also provided him
with legal advocacy around his needs as a vulnerable child and homelessness. He was
contacted weekly by the therapist identified for him but his engagement with this service
was poor. He continued to be depressed and “tired” when contacted. There were
concerns about continuing gang involvement and his extreme vulnerability. Mr O was
(following a long assessment process) placed into foster care.
Mr O was arrested for carrying a gun and incarcerated. The vulnerabilities that he faced
during his trial are listed below:
1. He was not assessed for physical or mental disorders or disabilities.
2. His physical and mental disabilities/disorders were not accounted for as result
throughout the trial process.
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