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Court allows journalists into care hearing

This article is more than 13 years old
Ruling in case of Steven Neary could open up care system for people with learning difficulties to public scrutiny

The Guardian and other news organisations have won a court ruling that could open up the care system for people with learning difficulties to public scrutiny.

Mr Justice Peter Jackson approved an application at the high court from five media companies to attend private hearings at the court of protection involving a dispute between Mark Neary, a counsellor, and Hillingdon council over the care of Neary's autistic son, Steven.

The news organisations – Guardian News and Media, the Independent, the Press Association, Times Newspapers and the BBC – had sought permission to attend hearings and identify the family after significant media coverage of Neary's campaign to keep his son at home.

They argued that attendance would enable journalists to understand the issues in the case and make representations on which matters they could report in the public interest.

The dispute started in December 2009 when 20-year-old Steven went into a positive behaviour unit for respite care because his father was ill.

He was supposed to be there for three days, but the west London council refused to let Steven return home except for short daytime visits. At present he is back with his father under a legal order made in December.

The council has claimed Steven Neary has challenging behaviour and could be dangerous. His father says that much of the behaviour reported by staff at the centre was a result of Steven's unhappiness at being kept away from home.

Hillingdon council said it welcomed the ruling on the news groups' application, which it said would enable people "to hear the whole story".

The judge will give his reasons for approving the application on Tuesday. Future hearings will determine whether Hillingdon council acted legally and will decide arrangements as to Steven's care.

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