Care commissioners settle claim brought by man who suffered “regime of abuse” at Devon care home
The High Court has approved a settlement for a learning disabled and autistic man whose human rights were breached when he lived at Veilstone care home in Devon.
It was found that the boy, Ben, was subjected to “a regime of cruel and inhumane treatment” at Veilstone, including excessive restraint and the repeated use of a “quiet room” against him as punishment.
Care home staff are said to have controlled Ben’s access to his family and prevented his mother, Claire, from seeing him.
Court proceedings were issued for Ben and his mother in 2012. The legal claim was stayed pending the outcome of three criminal trials against former staff members at Veilstone, their lawyers, Leigh Day, said.
Twelve staff members were convicted of mistreating residents including Ben.
The claim under the Human Rights Act was brought against the local authority and NHS commissioners of Ben’s placement: Devon County Council and the cluster of NHS Devon and Plymouth & Torbay Primary Care Trust.
As the NHS trust no longer exists, the Secretary of State for Health “accepted responsibility for the claims”, Leigh Day reported.
An expert psychologist instructed by Ben's solicitors diagnosed him with Post Traumatic Stress Disorder (PTSD) as a result of the abuse he suffered.
The defendant commissioners accepted that Ben had been caused “psychiatric harm” and that he “remained affected by the abuse to this day”, said Leigh Day.
The final order issued by the High Court yesterday (1 November) declared that Ben’s rights under Articles 3 and 8 of the European Convention on Human Rights were breached as a result of his mistreatment at Veilstone.
It was found that the Article 8 rights of Ben’s mother Claire were also violated, due to her inability to see Ben while he was at the care home.
The Court approved settlement orders the payment of compensation to the boy and his mother.
Leigh Day solicitor Catriona Rubens said: “It is a testament to the tenacity of Ben’s family that the bodies responsible for his placement accept that his rights were breached by the cruel and inhumane regime of “care” at Veilstone.
“Ben’s mother Claire has fought tirelessly for recognition that she was unlawfully deprived of contact with her son, and it is right that the State bodies accept that this breached Claire’s own human right to a family life.
“The rights of learning disabled and autistic people like Ben to live good, fulfilled lives, must be upheld by the State. Ben’s case is a stark reminder of the devastating consequences that occur when institutions fail to uphold human rights protections and ignore the concerns of families.”
Ben and Claire were represented by Catriona Rubens and Alison Millar of Leigh Day solicitors, and Jeremy Hyam KC of 1 Crown Office Row Chambers.
Devon County Council and the NHS confirmed that both organisations had written to apologise to Ben and his family, as part of the settlement of the civil claim for mistreatment and abuse at Veilstone care home.
In a statement, the authorities said: "We recognise and accept that Ben was subjected to a regime of abuse and harm at Veilstone. This should never have happened, and we offer a full and frank apology to Ben and his family.
"The safeguarding and welfare of learning disabled and autistic adults like Ben is of upmost importance, and their rights must be respected. In our ongoing role as commissioners, we are committed to learning lessons as a result of the abuse that occurred at Veilstone."
Lottie Winson
