Re Steven Neary; LB Hillingdon v Steven Neary (2011) EWHC 1377 (COP): Difference between revisions
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''(1) By keeping Stephen away from his home, Hillingdon breached [[Article 8]] and [[Article 5]](1) (notwithstanding DOLS authorisations granted during later stages). (2) By (a) failing sooner to refer the case to the COP, (b) failing sooner to appoint an IMCA, and (c) failing to conduct an effective review of the best interests assessments, | ''(1) By keeping Stephen away from his home, Hillingdon breached [[Article 8]] and [[Article 5]](1) (notwithstanding DOLS authorisations granted during later stages). (2) By (a) failing sooner to refer the case to the COP, (b) failing sooner to appoint an IMCA, and (c) failing to conduct an effective review of the best interests assessments, Hillingdon breached Article 5(4).'' | ||
==Related judgments== | ==Related judgments== | ||
Revision as of 14:48, 9 June 2011
(1) By keeping Stephen away from his home, Hillingdon breached Article 8 and Article 5(1) (notwithstanding DOLS authorisations granted during later stages). (2) By (a) failing sooner to refer the case to the COP, (b) failing sooner to appoint an IMCA, and (c) failing to conduct an effective review of the best interests assessments, Hillingdon breached Article 5(4).
Related judgments
Re Steven Neary; LB Hillingdon v Steven Neary [2011] EWHC 1377 (COP)
Extract from judgment
32. I declare that Hillingdon has breached the rights of Steven Neary in the following respects:
- (1) By keeping Steven Neary away from his home between 5 January 2010 and 23 December 2010, Hillingdon unlawfully breached his right to respect for his family life, contrary to Article 8 ECHR.
- (2) By keeping Steven Neary at the support unit between 5 January 2010 and 14 April 2010, Hillingdon unlawfully deprived him of his liberty, contrary to Article 5(1) ECHR.
- (3) By keeping Steven Neary at the support unit between 15 April 2010 and 23 December 2010, and notwithstanding the urgent DOL authorisation granted by Hillingdon as managing authority and the three standard DOL authorisations granted by Hillingdon as supervisory body, Hillingdon unlawfully deprived him of his liberty, contrary to Article 5 (1) ECHR.
- (4) By failing to
- (i) refer the matter to the Court of Protection sooner than 28 October 2010, and/or
- (ii) appoint an Independent Mental Capacity Advocate for Steven sooner than 29 October 2010, and/or
- (iii) conduct an effective review of the DOL best interests assessments under Part 8 of Schedule A1 of the Mental Capacity Act 2005,
- Hillingdon deprived Steven Neary of his entitlement to take proceedings for a speedy decision by a court on the lawfulness of his detention, contrary to Article 5 (4) ECHR.
Citations
London Borough of Hillingdon v (1) Stephen Neary (2) Mark Neary (3) EHRC
Case No: COP 1191258T
Other
Hearing: 23/6/11 to 27/6/11
Judgment: 9/6/2011
Before: Peter Jackson J
Mr Hilton Harrop-Griffiths (instructed by Hillingdon Legal Services) for the Applicant
Ms Aswini Weereratne (instructed by Miles & Partners on behalf of the Official Solicitor) for the First Respondent
Mr Mark Neary in person
Ms Elizabeth Prochaska (instructed by The Equality and Human Rights Commission) lodged written submissions
Mr Guy Vassall-Adams (instructed by the Solicitors for Independent Newspapers on 27 May 2011) only for Independent Print Ltd, Guardian News and Media Ltd, Times Newspapers Ltd, the BBC and the Press Association
External links
...
Transcript on judiciary website
Independent, 'Autistic man detained unlawfully' (9/6/11)
BBC, 'Hillingdon Council held autistic man Steven Neary unlawfully' (9/6/11)