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Council ends bid to stop father speaking about care of autistic daughter: report

Walsall Council last week withdrew an application for an injunction to stop a father from speaking about the care of his autistic daughter, it has been reported.

The case related to Bethany, a 17-year-old girl who has autism and has been detained in St Andrews Hospital in Northamptonshire for nearly two years.

According to Doughty Street Chambers, whose Oliver Lewis acted for the father alongside Victoria Butler Cole of 39 Essex Chambers, “Much of that time she has been placed in a seclusion room that contains a bed and a chair, but nothing else. She is fed through a hatch in the locked door measuring 8 inches by 8 inches.

“When her parents visit Bethany they have to speak to her through the hatch. St Andrews is a private company and it is understood that it charges £13,000 per week to look after Bethany.”

Bethany’s case was highlighted earlier this month (2 October 2018) on BBC’s File on 4, in the context of 250 other children detained in assessment and treatment units in the UK.

Bethany’s father has been critical about how NHS England, St Andrews and the local authority have treated her.

Walsall subsequently applied to the High Court for an injunction to stop him from talking about his daughter.

Butler Cole and Lewis were instructed on a pro bono basis to represent the father. They worked with the legal team at Mencap to help him draft a witness statement.

The case was heard before Mr Justice Keehan on 11 October 2018. After hearing legal arguments and considering its position, the local authority withdrew its application.

Doughty Street said the judge awarded a pro bono costs order against Walsall, which means the fees Butler Cole and Lewis would have charged will be paid by the local authority to the Access to Justice Foundation.

The hearing was held in private but the judge gave permission to report on the fact that an application had been made and then withdrawn at the hearing, the chambers said.

Walsall Council has been approached for comment.