Sexual assault in mental health assessment unit

Mrs B, aged 64, alleged that a member of staff, Mr X, had sexually assaulted her during her admission. Just over 2 years later Mrs E, aged 73, reported that the same member of staff had raped her in her room. Criminal proceedings took place against the nurse, Mr X, but not before Mrs E's sad death. In part due to various failures on the Trust’s part (for example in failing to secure the crime scene), Mr X was acquitted. He was later dismissed by the Trust following disciplinary proceedings and removed from the register following proceedings before the Nursing and Midwifery Council.

An independent inquiry was carried out into a total of four serious untoward events, leading to the publication of a report ‘The Avonside Review – report of the Independent Inquiry Team – April 2004.’ The inquiry highlighted many failures on the part of the trust.

We were instructed by the families of Mrs B and Mrs E to assist them through the independent inquiry process and pursue clinical negligence cases against the trust. Human Rights Act claims were also put forward to the trust.

The trust admitted the facts of both cases and admitted the findings of the Avonside Review. It admitted it was in breach of its duty of care in failing to ensure the safety of the victims.

The cases were settled out of court for £17,500 and £30,000 respectively.