Damages paid following inappropriate detention of person with learning disabilities
Oxford Health NHS Foundation Trust have paid damages to ‘AP’, who was inappropriately detained for 340 days because of a lack of suitable community support
‘AP’, a man with learning disabilities and who is autistic, has been paid damages by Oxford Health NHS trust after he brought a claim against them for breaching his human rights to freedom from detention and inhuman or degrading treatment. AP was inappropriately detained for almost a year, and the claim highlighted breaches of his rights to a private and family life, alongside negligence and associated psychiatric injury. These breaches will have had a significant impact.
AP needed somewhere to live in his local area whilst repairs and adaptations were being carried out to his home. As there was nowhere suitable, he was sectioned under the Mental Health Act and detained in his local hospital in a section 136 suite* and in a seclusion room for 340 days.
In hospital AP was subjected to restrictive practices and had limited access to activities and exercise. These restrictions and isolation left him traumatised.
Jacqui Shurlock, CEO of the CBF says:
If there had been somewhere safe in the community that AP could have gone while the necessary repairs and adaptations were being made to his house, AP would not have been detained under the Mental Health Act.
The lack of a crash pad, or similar facility, has resulted in a person being detained for almost a year, away from his family, community, and support team, and under significant and harmful restrictions. The Government has known for a long time that these practices happen and has agreed the need for a change in the law (The Mental Health Act) – but this legal change is dependent on the funding and development of robust community support and appropriate places for people to live.
AP’s experiences are shared by other people with learning disabilities and autistic people, who are detained under the Mental Health Act not because they have a mental health condition that needs treatment, but because there are no services in the community that can meet their needs.
The CBF is calling for a clear and resourced plan for developing community support, established criteria for what constitutes ‘sufficient’ services, and a process for monitoring and assuring its development. The co-produced, lifelong action plan sets out changes that need to be made to get community support right, alongside resources and best-practice examples.
AP was represented by Liz Cleaver, Caroline Robinson, and Lily Seaborne of Bindmans LLP, with Jamie Burton KC and Dr Oliver Lewis of Doughty Street Chambers. A write-up of this case, including a statement from AP’s mother and litigation friend, is also available on the Bindmans website, and you can read it here.
*Section 136 of the Mental Health Act allows the police to take an individual to, or keep them at, a ‘place of safety’ for a maximum of 36 hours. A section 136 suite is a place designated as a ‘place of safety’ under this section of the Mental Health Act.
Support from the CBF
Resources on our website
The CBF has information available for anyone who has concerns about the issues raised which can be found here:
Family Support Service
If you have been affected by any of the issues raised in this statement, you can call the Family Support Service on 0300 666 0126
Or email us at support@thecbf.org.uk
We are open at the following times:
Monday – Thursday: 9am – 5pm
Friday: 9am – 3pm
We offer information about challenging behaviour to anyone who provides support to a child, young person or adult with a severe learning disability. We can also signpost you to other specialist organisations and sources of information.
Please note we are a small support service so you may not be able to get support straight away. We will support families with urgent concerns as a priority.
Professionals are also welcome to contact the CBF.