Somerset County Council ‘unlawfully’ kept a disabled woman from her family, seriously breaching her family’s human rights, according to a court ruling.
The Court of Protection ruling found ‘systemic failures’ by the council meant a woman with autism and severe learning disabilities had been wrongly kept in residential care with restricted access to her family for a year.
The court heard that social services failed to carry out thorough investigations into bruises found on the woman, known as ‘P’ for legal reasons. Although teachers had witnessed P’s violent behaviour, including hitting herself on the chest, social services concluded the bruising found was ‘highly likely that P received significant injury from someone or something other than herself’.
P was kept in a respite facility for six months and sedated with medication against her family’s wishes, and was then moved to a treatment unit.
The judge ruled that social services had not found sufficient evidence to conclude P’s safety was at risk by returning her home, and also criticised the council for failing to act in accordance with the Mental Capacity Act.
Polly Sweeney, an expert public lawyer at Irwin Mitchell representing P, said: ‘This is sadly another example of local authorities believing that their safeguarding powers can override their duties under the Mental Capacity Act and the requirement that there is lawful authorisation in place for their actions, however well intended. It is deeply concerning that cases such as this are still being seen before the courts.
’Although we are pleased that the court found that it was in P’s best interests to return home, this case has had a devastating and profound impact upon this family that will continue to live with them for some time.’
The council said it accepted the ruling. A spokesperson said: ‘We accept Judge Marston’s ruling and comments. We were completely motivated by serious concern for the young lady’s welfare. We have apologised to the family for the distress that our actions caused and are working closely with them to provide the right care and support for their daughter now and in the future.
‘We have also taken urgent steps to ensure that all adult social care staff learn from this case and this situation never arises again.’
