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The family of a teenager with severe learning difficulties has branded a council “barbaric” for wrongly taking him away from his home.

By Martin Beckford
Published: 7:00AM BST 06 Aug 2010

The 19 year-old, who has a mental age of two, was taken into care by social workers after apparently claiming he was abused.

But the allegations were unfounded and a judge has ruled that the decision was a “deplorable” breach of the young man’s human rights and of mental health laws.

None of those involved can be named but his sister has now come forward to describe Manchester City Council’s behaviour in the case as “barbaric, unprofessional”.

She told Channel 4 News on Thursday night: “They’re supposed to be a caring service, I didn’t see an ounce of care, an ounce of thought of best interest in any of it.”

The teenager, known only as E, suffers from a genetic condition called tuberous sclerosis, which has created tumours in his brain that mean his language skills are like those of a toddler.

He had lived with a foster mother since 1995 but last year he reportedly made comments at school about being locked in a wardrobe.

His comments were reported to social workers and he was taken away from his home in April – placed first in a respite unit then a care home.

The teenager’s foster mother cried as she told Channel 4 News how she was not allowed to see him for almost two months, and at one meeting claimed she found him suffering from scratches to his arms but was unable to take him home.

“He just couldn’t understand it. He said ‘I want to go home, mum, I want to go home'”.

The young man has since been reunited with his foster mother, referred to in court papers as F, after the allegations of abuse were found to be untrue. He is said to be doing well.

Earlier this year a judge in the Court of Protection, Mr Justice Baker, ruled that the local authority had breached E’s right to respect for privacy and family life under Article 8 of the European Convention on Human Rights and his right not to be deprived of his liberty without legal authority under Article 5.

It also failed to abide by the Deprivation of Liberty Safeguards, which are meant to ensure that those who lack mental capacity are not deprived of their liberty without proper authority.

The judge said: “There was, in my judgment, a deplorable failure to take into account the close relationship between E and F, the need to sustain that relationship, and a consequent failure to arrange any contact for several months between this vulnerable young man and the person who had been his carer – his mother figure – for most of his life.”

He said social workers had not been trained properly and blamed the “blatant errors” on those “higher up the line of management”.

The judge allowed the council to be named last week, although the individuals in the case must remain anonymous.

A spokesman for Manchester City Council told Channel 4 News: “Serious concerns were raised about this young man’s welfare and we had an obligation to act. It was not an easy decision to keep ‘E’ at the home where he was receiving respite care, but his welfare was our primary consideration.

“While we strongly believe we did the right thing, the judge has made it clear that we went about it the wrong way. We regret this and have now put in place measures so that in future similar cases we will follow the correct procedures.”

Source:  http://www.telegraph.co.uk/news/uknews/law-and-order/7928946/Council-branded-barbaric-by-family-of-man-wrongly-taken-by-social-workers.html



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