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High court judge rules that Steven Neary, 21, should have been allowed to go home from care unit A local authority unlawfully detained a 21-year-old autistic man by keeping him in a care unit and refusing to allow him to return home, a high court judge has ruled. Mr Justice Peter Jackson made the ruling in a dispute over the care of Steven Neary, of Uxbridge, north-west London. The judge was told, during a week-long hearing at the court of protection in London, that Neary’s father, Mark, had been involved in a care battle with the London borough of Hillingdon for more than a year. Lawyers said the dispute started after Steven Neary went into a “positive behaviour unit” in December 2009. His father told the court that he viewed the move as temporary and thought his son would be home by late January last year. He said he felt “powerless”. The council said care staff had concerns about Steven Neary’s “challenging” behaviour and weight, and argued that the move was intended to be for a longer period. He stayed at the unit for about a year, returning to his father’s home last December following a court order. His father, a counsellor, said he hoped the judge’s ruling would help people fighting similar battles with local authorities. “I’m relieved, tearful, satisfied,” he said. “I feel vindicated. Since this got out I have heard there are a lot of other people in similar positions. “Hopefully people will read this judgment and be prepared to fight for the rights of their kids. “I knew Steven should be at home because I know Steven. But there was always more of them than there was of me. But once the legal people got involved they agreed that he should be at home. “I don’t think Steven really understands what it has all been about. For him he just likes seeing his pictures of himself on television and the internet.” The judge concluded that Hillingdon council’s use of a “deprivation of liberty” order unlawfully deprived Steven Neary of his freedom. The court of protection, which deals with issues surrounding vulnerable people, normally sits in private. But in a preliminary hearing Jackson had ruled that journalists could report on the proceedings and that parties involved could be identified. The judge, sitting in London, made the order following an application brought by five media organisations. Jackson said in that ruling: “Steven’s circumstances are already in the public domain to a considerable extent. “If the claims made by Mr Neary are made out … the facts deserve to be known to the public. If they are not made out, it may be right for the record to be corrected. “There is no evidence whatever that Steven has suffered from the publicity that has already been generated. His life has not been destabilised and he has not been made anxious by the coverage so far.” Social care Local government Autism guardian.co.uk