Mark Neary (left) was involved in a care battle with Hillingdon council for more than a year A west London council acted unlawfully by refusing to allow a 21-year-old autistic man to be placed in the care of his father, the High Court ruled.
Hillingdon Council detained Steven Neary, of Uxbridge, for almost a year after he was taken into a “positive behaviour unit” in December 2009.
Mr Neary was allowed back home to his father Mark, 52, following a court order in last December.
Mark Neary said he felt “helpless” when his son was kept in care.
He told the Court of Protection that he viewed the care by the council as a temporary move and expected his son to return home by January 2010.
But the council told the court that staff had concerns about Mr Neary’s “challenging” behaviour and weight, and argued that the care was intended to be for a longer period.
Mr Justice Peter Jackson had reserved judgment last month after hearing evidence in the case.
Ahead of the ruling Mark Neary said: “I had been ill and agreed for Steven to go to his normal respite place. It was only meant to be for three days.
“There and then the council decided to move him to this behaviour unit.
“Initially I was in a state of shock. Then in April they started to serve deprivation of liberty orders which meant he could not come home.
“I felt helpless. I felt I had let him down, lost my own son.”
Steven Neary has been staying with his father after leaving a local authority unit under an interim court order that allowed him to return home in December 2010.
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