Southwark Council has paid a £125,000 settlement after it was found to have unlawfully deprived an autistic man of his liberty for eight years, effectively imprisoning him in his own flat.
A Life Under Lock and Key
The man, referred to in court as 'SH' and now in his thirties, was assessed by the South London authority in 2012 as requiring a 24/7 care package. This mandated that he be looked after by two carers at all times within his home and by three when out in the community.
However, from July 2012 until December 2020, his front door was kept locked. The High Court heard he was frequently prevented from accessing the community due to concerns about his behaviour. During this period, he was often subjected to physical restraint by carers, many of whom were reportedly untrained.
A Mother's Pleas Ignored
SH's mother fought a long and distressing battle on her son's behalf, raising countless safeguarding concerns. She highlighted his severe lack of community access and reported incidents of physical and emotional abuse by carers.
She stated: "When my son’s care package was first put in place we didn’t know there was an obligation that it needed to be authorised by the Court of Protection. We trusted that the local authority was taking the appropriate steps to keep him safe and cared for."
She described watching her son deteriorate, becoming "scared, isolated, and traumatised on a daily basis." She added, "The impact has left him emotionally distant, unable to trust, and a shadow of the vibrant person he once was." For years, she felt her family was "ignored, dismissed, and gaslit" by the council.
Legal Action and a Settlement
Human rights lawyers from Irwin Mitchell brought the case to the High Court. On 27 October 2025, Southwark Council agreed to the £125,000 settlement, though it did not accept liability.
Aimee Brackfield, the family's lawyer, said: "This is a shocking case where what we believe to be the unlawful restrictions placed on SH have had a profound impact on his life." She confirmed that during this time, SH was "in effect imprisoned" and that the local authority failed on countless occasions to refer the case to the Court of Protection for scrutiny.
There is now a hopeful update. With his mother now managing his care, SH is reported to be making progress daily and building better relationships with his carers. His mother hopes that by speaking out, she can empower other families to challenge inappropriate care placements for their loved ones.
