This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/go/rss/int/news/-/news/uk-england-london-13498461
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Hillingdon Council held autistic man Steven Neary unlawfully | Hillingdon Council held autistic man Steven Neary unlawfully |
| (40 minutes later) | |
| A west London council acted unlawfully by refusing to allow a 21-year-old autistic man to be placed in the care of his father, the High Court ruled. | A west London council acted unlawfully by refusing to allow a 21-year-old autistic man to be placed in the care of his father, the High Court ruled. |
| Hillingdon Council detained Steven Neary, of Uxbridge, for almost a year after he was taken into a "positive behaviour unit" in December 2009. | Hillingdon Council detained Steven Neary, of Uxbridge, for almost a year after he was taken into a "positive behaviour unit" in December 2009. |
| Mr Neary was allowed back home to his father Mark, 52, last December. | Mr Neary was allowed back home to his father Mark, 52, last December. |
| The council said it had Steven's "best interests at heart" but had let the family down. | The council said it had Steven's "best interests at heart" but had let the family down. |
| Mr Justice Peter Jackson concluded that the council's use of a "deprivation of liberty" order unlawfully deprived Mr Neary of his freedom. | |
| Mark Neary told the Court of Protection that he viewed the care by the council as a temporary move and expected his son to return home by January 2010. | Mark Neary told the Court of Protection that he viewed the care by the council as a temporary move and expected his son to return home by January 2010. |
| But the council told the court that staff had concerns about Mr Neary's "challenging" behaviour and weight, and argued that the care was intended to be for a longer period. | But the council told the court that staff had concerns about Mr Neary's "challenging" behaviour and weight, and argued that the care was intended to be for a longer period. |
| 'Lost my son' | 'Lost my son' |
| Ahead of the ruling Mark Neary said: "I had been ill and agreed for Steven to go to his normal respite place. It was only meant to be for three days. | Ahead of the ruling Mark Neary said: "I had been ill and agreed for Steven to go to his normal respite place. It was only meant to be for three days. |
| "There and then the council decided to move him to this behaviour unit. | "There and then the council decided to move him to this behaviour unit. |
| "Initially I was in a state of shock. Then in April they started to serve deprivation of liberty orders which meant he could not come home. | "Initially I was in a state of shock. Then in April they started to serve deprivation of liberty orders which meant he could not come home. |
| "I felt helpless. I felt I had let him down, lost my own son." | "I felt helpless. I felt I had let him down, lost my own son." |
| Mr Neary added: "We always had problems with his behaviour a couple of weeks before Christmas because his routine gets broken. | |
| "They (council staff) were getting 10 incidents with his behaviour a week. At home its unusual to get one or two. | |
| "Steven still needs a care package from the council so I have to consider how we can rebuild the relationship." | |
| 'Safe and happy' | |
| Following the ruling Linda Sanders, director of social care at Hillingdon Council, said: "It is clear that there have been times when we have let both of them down. | Following the ruling Linda Sanders, director of social care at Hillingdon Council, said: "It is clear that there have been times when we have let both of them down. |
| "Cases such as Steven's are hugely complex and we always have to carefully balance what we think is right for an individual with the wider issues such as the safety of the public. | "Cases such as Steven's are hugely complex and we always have to carefully balance what we think is right for an individual with the wider issues such as the safety of the public. |
| "As the judge has said in his findings, at all times my staff were genuinely committed to ensuring that we did the right thing for Steven and had his best interests at heart. | "As the judge has said in his findings, at all times my staff were genuinely committed to ensuring that we did the right thing for Steven and had his best interests at heart. |
| "We recognise that we need to improve our processes and that we should have kept Steven's father more involved during the time that we cared for Steven." | "We recognise that we need to improve our processes and that we should have kept Steven's father more involved during the time that we cared for Steven." |
| She said the "failings were collective errors of judgment" and the local authority was reviewing its training for staff regarding the Mental Capacity Act and deprivation of liberty safeguards. | |
| "Steven has now been at home for over six months and we will do all we can to support him and his father so they can live a safe and happy life, which has always been our intention," she said. | |
| Steven Neary has been staying with his father after leaving a local authority unit under an interim court order that allowed him to return home in December 2010. | Steven Neary has been staying with his father after leaving a local authority unit under an interim court order that allowed him to return home in December 2010. |