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Father of autistic son wins right to have him returned home

Court of Protection gives reasons for allowing the naming of parties

Steven Neary, a young man aged 20, has autistic spectrum disorder and severe learning disability.  He lived with his father, Mark Neary. 

Steven was initially placed by London Borough of Hillingdon in residential accommodation with his father's agreement for a period of a few days' respite.  However, a difference of opinion then developed between the father and the local authority about Steven's return home, which the local authority came to consider was not in his interests.  The disagreement intensified and the local authority applied for a deprivation of liberty order. The matter came before the court in December 2010, after which Steven returned to live with his father.  It is said by the father and by the Official Solicitor, who now represents Steven, that the refusal to allow him to return home was unlawful in a number of respects, and they have sought declarations to that effect.  The case is reported as London Borough of Hillingdon v Neary [2011] EWHC 413 (COP).

That matter is listed for further case management and for final hearing in May 2011.

The judgment of Mr Justice Peter Jackson sets out his reasoning for allowing access to the media and for the naming of the parties.