A fathers right to love - deprivation of Liberty gone wrong
10 June 2011
Mark Neary, the quietly spoken father who challenged the might of his local council,has won the final battle to secure the liberty of his autistic son.
Steven had been denied access to an Independent Mental Capacity Advocate when his return home to his father was initally refused by the Council and the Judge, Hon Mr Peter Jackson indicated in his judgement just how damaging the lack of that support was to the care and dignity Steven was due.
THE HONOURABLE MR JUSTICE PETER JACKSON said in his judgement:
"On 18 November, the IMCA delivered her report. It is an impressive document. For the first time, professional support was given to Mr Neary's arguments. The previous best interests assessments are subjected to analysis. The IMCA's conclusion is that Hillingdon was potentially not acting in Steven's best interests by refusing his father's request to have his son live with him at home.
A cursory reading of the role of the IMCA as described in the schedule demonstrates how particularly valuable such an intervention could have been at that stage. The contribution made by an IMCA six months later serves as further confirmation."
In emotional scenes at the High Court, Hillingdon Council offered Mr Neary a public apology after a stinging ruling that it had breached a basic principle, when for almost a year it deprived 21-year-old Steven Neary of his liberty.
All social services departments across the country were warned by the judge not to abuse the power they have under the 2005 Mental Capacity Act to lock up people who are judged unable to make decisions for themselves.
