Man with learning disabilities settles claim against Cygnet Healthcare for alleged physical and emotional harm

Jamie Newcombe claimed he suffered significant physical and psychological harm while at Bostall House, London, between 2014 and 2015. 

The company admitted breaking Jamie’s arm but denied his other claims.

Jamie was detained under section 3 of the Mental Health Act 1983 in February 2014 at Bostall House, then operated by Danshell Group. The group was later acquired by Cygnet Healthcare in 2018, which assumed responsibility for Danshell Group's liabilities.  

While staying at Bostall House, Jamie claimed he suffered physical and emotional harm from staff. 

Jamie's family was concerned that his psychiatrist and responsible clinician initially overmedicated him, prescribed Clozapine without necessary heart tests, and abruptly stopped Clonazepam, against clinical guidelines. When Jamie's mother reported changes in his breathing and general physiological demeanor, the responsible clinician dismissed the possibility of any danger from the withdrawal. Following this, Jamie experienced distress, including myoclonic jerks, slurred speech, nightmares and self-harm.  

On 4 March 2014, an unauthorised restraining technique was used on Jamie, who described being violently restrained by staff and pushed out into the hospital garden. This resulted in a fractured right humerus bone. His legal claim states that the injuries were left untreated for over 24 hours, causing him significant pain and distress.  

The healing process was prolonged and uncomfortable, requiring Jamie to wear a brace for several months. The restraint also led to long-lasting psychological impacts, including Post-Traumatic Stress Disorder (PTSD), which continues to affect him.  

The injuries meant Jamie was unable to take part in routine therapeutic activities such as swimming and trampolining.  

Jamie described further physical assaults in December 2014 and January 2015.  

His legal claim stated he was also subjected to degrading treatment when personal care was neglected, leaving him dependent on his mother. He was also denied access to hot running water for three weeks.

It was further alleged the responsible clinician threatened Jamie’s family, telling his father that he would send his son to a medium secure unit “a long way away”. Without explanation, it is alleged the responsible clinician barred Jamie’s mother from visiting every day and withdrew all hospital leave.

Jamie’s mother Julie Newcombe, autism and learning disability rights campaigner and co-founder of Rightful Lives, asked human rights lawyers at law firm Leigh Day to investigate her son’s claims of ill treatment in the Cygnet unit.  

The company admitted causing Jamie’s fracture injury but denied all other allegations. They nevertheless agreed to pay damages, which were approved by the High Court on Tuesday 24 September 2024.

Julie Newcombe said: 

“What happened to Jamie was horrific and is still happening to so many others 10 years later. I co-founded Rightful Lives six years ago to shine a light on the human rights of autistic people and people with learning disabilities. Yet the fact remains if Jamie were to go into one of these units again, the same things could happen. That is our fear.” 

Human rights solicitor Yvonne Kestler, who represented Jamie, said:

“Jamie’s experience highlights failures in care provided to individuals with complex needs. It is deeply troubling that someone so vulnerable was left to suffer in this way.  

“While no amount of compensation can undo the harm caused, we hope this settlement will help Jamie and serve as a reminder of the need for better care and oversight in institutions entrusted with vulnerable individuals.”

Leigh Day instructed Oliver Lewis of Doughty Street Chambers.