NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year

The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.

The man, (AP), represented by law firm Bindmans, brought the claim against Oxfordshire Health NHS Foundation Trust for breaches of his rights to freedom from detention, inhuman and degrading treatment, as well as respect for his private and family life, negligence and associated psychiatric injury.

In July 2020, AP’s home needed significant repairs and adaptations. As there was no safe alternative accommodation, he was held in a ‘section 136 suite’ at his local hospital, a place of safety designed for detention for up to a maximum of 36 hours.

However, due to lack of suitable facilities to meet AP’s needs, he was detained in the s.136 suite and in a seclusion room for a period of 340 days.

According to Bindmans, during this time, AP was subjected to a “stringent regime and lack of stimulation” as well as reduced activities and exercise.

The High Court approved a settlement of the claim, by which Oxford Health NHS Foundation Trust will pay damages for the detention and treatment of AP between 30 July 2020 and 5 July 2021.

The law firm claimed that AP’s experience is “all too common” for people with learning disabilities and autism, who are at risk of detention under the Mental Health Act despite not having a mental health condition, and who often experience “inappropriate care” while detained, including the overuse of restraint and medication.

It added: “The Mental Health Bill 2025 is intended to address some of the current legislation’s shortcomings regarding the inappropriate detention of those with autism and learning disabilities. However, it remains to be seen whether adequate community resources will be made available to support those in need.”

Caroline Robinson, AP’s solicitor said: “We are pleased that AP and his family have been able to obtain some form of justice, having been completely let down by Oxford Health NHS Foundation Trust. Had they commissioned a suitable ‘crash pad’ facility for AP during this crisis, AP’s detention under the Mental Health Act and subsequent inappropriate and harmful treatment may have been avoided. Instead, he was left restricted, isolated and traumatised.”

AP was represented by Liz Cleaver, Caroline Robinson and Lily Seaborne of Bindmans, with Jamie Burton KC and Dr Oliver Lewis of Doughty Street Chambers.

Oxfordshire Health NHS Foundation Trust has been approached for comment.

Lottie Winson