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10 November 2011 / Tim Spencer-Lane
Issue: 7489 / Categories: Features , Public , Family , Mental health
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The welfare state

The case of Steven Neary demonstrates that public bodies must know their place, says Tim Spencer-Lane

The Steven Neary case has attracted significant media and public attention (Hillingdon Council v Neary [2011] EWHC 1377 (COP), [2011] All ER (D) 57 (Jun)). This is due in no small part to a high profile internet and media campaign by the primary carer. But what is often overlooked is that the case also established important legal principles.

Unlawful detention

The facts are well known. Steven, a young man in his early 20s, has autism and a severe learning disability. He lived at home with his father, with high-levels of support services funded by Hillingdon Council. Steven lacks capacity to decide where or with whom he should live. In December 2009 his father reported to Hillingdon that he was having difficulties coping. The council arranged for Steven to stay in a residential support unit. However, staff found Steven’s behaviour very challenging, particular around food, and were concerned about him returning home. His father wanted

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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