Couple subjected to 'horrendous' abuse win groundbreaking victory

By Elizabeth Choppin

A couple with learning difficulties have been awarded £97,000 in damages from a local authority that failed to protect them from “horrendous” abuse.

The landmark high court ruling held that Hounslow Council had been negligent in not shielding the couple, not named for legal reasons, from foreseeable abuse by a gang of local youths.

In 2000, the couple, who had been in regular contact with social services, were held in their flat and assaulted in the presence of their two young children.

According to a court report, the couple were made to perform sexual acts, had pepper spray put into their eyes, were forced to drink urine and eat faeces and were slashed with knives.

In his ruling, the judge said the council should have acted sooner to protect the couple, as it had been made aware of prior threats, assaults and infiltration of their home by the youths, who were given custodial sentences for the attack (not treated as a disability hate crime as that sentencing provision was not in force in 2000).

The case marks the first time that a local authority has been held to owe a duty of care to adults with learning difficulties and has set a legal precedent with respect to negligence across all local authorities.

Andrew Lee, director of People First, said: “There needs to be more time to talk to people with learning difficulties as a preventative measure, to stop abuse instead of coming in after a crisis has happened.”

Nicola Bailey, who leads on learning difficulties for the Association of Directors of Adult Social Services (ADASS), said that ADASS is pushing to give “vulnerable adults” the same protection in law as children but added that there is “always going to be an issue, or a line to walk” in fulfilling a duty of care while respecting people’s right to privacy.

Tim Hind, an LGA (Local Government Association) adult social care advisor, called it a “horrendous case” and said the LGA would inform local authorities about the circumstances of the case so that “processes could be reviewed” where necessary.

A Department of Health spokeswoman said that the DH was horrified to hear about the abuse suffered by the family in this case and is considering the implications of the ruling in the review of No Secrets – the guidance that underpins current adult protection.

The court has granted permission for Hounslow Council to appeal and a spokesman has confirmed this is being considered.