Settlement in vulnerable inpatient assault claim against Mental Health Trust
Background
Partner Sarah Towler and legal assistant Andrew Debrah represented the claimant in a claim against a mental health trust arising from the sexual assault of a vulnerable inpatient, securing a favourable settlement.
The claimant had a complex psychiatric and developmental history including atypical autism, obsessive compulsive disorder, a mild learning disability, mixed anxiety and depressive disorder, and a history of sexual abuse and disinhibition. As a result of these conditions she lacked capacity due to associated impairments in executive functioning. She was detained as an inpatient on Rose Ward at Queen Mary’s Hospital, Roehampton, under the care of South West London and St George’s Mental Health NHS Trust and required 1:1 nursing observation.
The claim
On 27 February 2023, whilst the Claimant was under continuous observation in a private room, she was sexually assaulted by a male agency nurse who had been entrusted with her care. The staff member scheduled to relieve him arrived approximately fifteen minutes late, having been delayed elsewhere, and discovered that both the door and observation window to the Claimant’s room were closed in direct contravention of Trust policy. On entering the room, she witnessed the agency nurse and the Claimant engaged in sexual activity and immediately raised the alarm. The nurse was removed to a separate area until police arrived and he was arrested. The Claimant subsequently disclosed that the nurse had penetrative sex with her twice.
Police investigations revealed that the nurse had not undergone proper vetting or security checks by the agency before commencing work within the NHS. He had been working under a false identity and did not hold the documentation required to lawfully work at the Hospital. He was charged with sexual activity with a person with a mental disorder impeding choice and possession of false identification documents. In July 2023 he pleaded guilty and received a five-year custodial sentence.
A consultant psychiatrist later concluded that, on the balance of probabilities, the incident caused an exacerbation of the Claimant’s mixed anxiety and depressive disorder for approximately twelve months. Cognitive Behavioural Therapy was recommended to provide reassurance and support her confidence in hospital environments.
Our approach
No admissions of liability were made by the Defendant Trust. The Defendant contended that liability rested with the agency that had supplied the nurse, although it never formally denied liability. The Claimant’s position was that responsibility lay with the Trust as the body responsible for her care and supervision while detained. Proceedings were therefore issued against the Trust. The claim sought damages for psychiatric injury, limited special damages, and damages under the Human Rights Act 1998 for breach of Article 3, the prohibition of torture and inhuman or degrading treatment.
The result
Shortly after service of proceedings the parties entered negotiations and agreed settlement on a global basis, as part of that settlement, the claimant was awarded damages for resultant psychiatric injury, future treatment and Human Rights Act damages for breach of her Article 3 rights.
When my daughter, a vulnerable adult with comorbid autism & complex learning disabilities, suffered horrific abuse at the hands of a member of staff on a secure mental ward of an NHS hospital, Russell-Cooke became our lifeline. Their meticulous approach in holding the Trust accountable and securing a damages award has given my daughter the financial security and specialized care she deserves. We are eternally grateful for their empathy and expertise, and for giving my daughter a voice when she was at her most vulnerable.
Specialist support for surgical error claims
The personal injury and clinical negligence team at Russell-Cooke appreciate the significant and lasting impact that abuse can have on survivors and are committed to acting for claimants who have experienced such harm across multiple settings, extending beyond medical negligence.
Get in touch
If you would like to speak with a member of the team you can contact our medical negligence solicitors by telephone on +44 (0)20 3826 7517 or complete our enquiry form.