Our client, “K”, has had mild cerebral palsy and been autistic from birth. As a child and adolescent she lived at home with a loving family and attended schools, which met her special needs. As she approached adulthood, her family, in conjunction with her local social services, decided to let her move to a residential placement which would give her more individual freedoms with her own age group than living at home. It was recognised that she had considerable learning disabilities, was very vulnerable and needed an eye kept on her most of the time. She did not have the mental capacity to consent to sexual relationships.
During the week, K lived in a residential placement and at weekends she returned to her parental household. For a long time, K appeared very happy. However, as she went on into her 20s it became apparent to her family that something was wrong, although they were unable to establish what the problems were. Eventually K returned home one Friday in a state of total disarray, with her clothes soiled, on back to front, and unable to explain the reason for the state she was in.
After considerable investigation on behalf of her family – which took them several months – it transpired that K had been attacked on a regular basis, over some months, by two other male residents, one in her residential placement and one in her day-time “college”. Not only had this happened, but some of the local authorities’ workers had been aware that it was happening, and had not thought to look into it, or to consider it further. It was clear that she had been attacked and abused over a period of perhaps a year or more. There are notes on the local authority file suggesting suggesting that these workers even discussed K’s being on the contraceptive pill.
Her family refused to let her return to that, or any other local authority residential placement. She has never since, slept away from the family home and her ability to maintain friendships – some of which she had had since childhood as she went through a series of special schools – was curtailed.
The psychiatric damage to K was extreme. K, whose learning disabilities would prevent ordinary psychotherapy, attended “
Respond”, which provides services for adults without communication skills who have been abused, and has benefited somewhat form these visits. However, sadly, her behaviour has deteriorated considerable. From a childlike but happy young woman, she has become aggressive and destructive, and now has a Care Plan which sets out that she needs three carers to work her on a 1:1 basis if she leaves the home. She re-lives her abuse on a daily basis and her language is now verbally challenging.
The local authority with responsibility for K have agreed to a settlement which we believe to be the largest ever settlement in an abuse case. The award of damages, which has just been approved by the Court, is for £800,000.00 – the majority of which is for future care payments. The local authority accepted that K will never return to residential care and that she now needs a care package to look after her in the community. Most unusually it was agreed that this sum is to cover the partial cost of a Case Manager and her Care Team, to enable K to pick her own carers and pay the higher rates that will be required, to “top up” the monies that the family receives by way of Direct Payments towards an ordinary care package.
Throughout the case, K has been assisted by Legal Services Commission Funding and she has been represented by the Official Solicitor, who instructed
Frances Swaine at Leigh Day. Enquiries about any similar cases should be made to Frances on 0207 650 1249.
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