The young woman, who is on the autistic spectrum, had a planned two week respite break in May 2013, with Somerset County Council. Parents told staff of how their daughter had recently self harmed, resulting in an injury, however staff believed that the injury had been caused by someone else and the decision was made to place P into full time care.
The parents fought for 14 months for the release of their daughter.
A Court of Protection Judge, ruled that the council had acted unlawfully, depriving this young woman of her liberty and that there had been a systematic failure on the part of the council.
P in now back home. A spokesperson repressing the family told;
“The council did not take account of several possible explanations for the cause of the bruising, not least the fact that she had been observed hitting herself in that area and that she had also taken a member of staff to ground whilst out on a school trip“
She also added that this young woman was given no opportunity to describe how she obtained the injury.