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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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The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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