Payout for autistic man detained in Lancashire care home

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CHH's mother
Image caption,

The man's mother said the way he was treated was "mental torture and cruelty"

An autistic man has received a £200,000 High Court settlement after being unlawfully detained in a care home for more than seven years.

The 24-year-old was removed from his family home and placed in accommodation by Lancashire County Council in 2010.

Lawyers argued being in a care home on the Fylde, 45 minutes from his home, left the man, known only as CHH, "imprisoned".

The council accepted it breached his human rights and apologised.

CHH, who lived at home with his parents and siblings, was moved to a temporary care home in January 2010 following an issue at home, his lawyers said.

His initial placement was deemed unsuitable and so a month later he was transferred to the care home that he lived in until April 2017.

The accommodation was locked and CHH was prevented from or heavily restricted in accessing the internet, social media sites and email.

His mother told BBC North West Tonight: "He would ring me quite often crying, begging for me to take him home.

"And it was heartbreaking to tell him we weren't allowed and to hear him crying.

"It was mental torture and cruelty."

'Extremely unhappy'

Speaking after the hearing, she said her son's development in the home "went backwards, he became more withdrawn, wouldn't communicate with people and his mental health suffered".

"For years we asked the council for more to be done to help our son but we felt that every time we asked nothing was done," she said.

"Since he's come home he's a totally different person. His quality of life has improved beyond all measure."

Fiona McGhie, from Irwin Mitchell who investigated the decision to place him in the care home, said: "During his placement he was in effect imprisoned, living in locked accommodation miles away from his family.

"Given his strong objections to his placement, the local authority should have referred his case to the Court of Protection to determine where it was in his best interests to live.

"It didn't do that and and as a result he lived for many years in a placement where he was extremely unhappy."

Lancashire County Council agreed a £200,000 settlement on Monday, plus £155,000 towards the cost of a deputy to manage CHH's funds on his behalf.

The authority has been asked to comment.

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