header-logo header-logo

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

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

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll