A 21-year-old man with autism was unlawfully held by a London council, the Court of Protection ruled on 9 June.
Steven Neary was admitted to a positive behaviour unit by Hillingdon Council in December 2009 as respite care for his father, who was ill. Although his stay was only planned to be for three days, council staff refused to let Steven go home because they had concerns about his weight and his “challenging behaviour”. The council issued a Deprivation of Liberty Order and Steven was detained for almost a year, despite a campaign by his father to have him released.
Making his judgement, Mr Justice Peter Jackson ruled that the council’s use of the Order had been unlawful, and he praised Steven’s father, Mark, for the way he stood up for his son’s interests.
The case could open the door for many other families whose children are being detained by social services against the family’s wishes.
