header-logo header-logo

The welfare state

10 November 2011 / Tim Spencer-Lane
Issue: 7489 / Categories: Features , Public , Family , Mental health
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll