GLD Vacancies

SPOTLIGHT
Shelved 400px

What now for deprivations of liberty?

What will the effect of the postponement of the Liberty Protections Safeguards be on local authorities? Local Government Lawyer asked 50 adult social care lawyers for their views on the potential consequences.

Vulnerable women wins damages from Health Trust over damage to doll 'baby'

A woman with severe learning difficulties has won a settlement against a hospital including for a damage to a doll she believed to be her baby.

Law firm Leigh Day said the £65,000 settlement agreed for Susan Hearsey, 64, followed inhumane treatment at Manor Hospital, Walsall, part of Walsall Healthcare NHS Trust and showed the importance of the Human Rights Act in such cases.

Hearsey was admitted in September 2013 following a fall. Her sister Jane Dunn said experiences in the hospital had a “devastating effect’”.

A doll which Hearsey treated as her baby was found on the floor with its arm severed, some clothes missing, the legs damaged and a chunk of its hair missing. The family said the doll was purposefully damaged by a nurse because Hearsey was not doing as she was asked.

Her lawyer Merry Varney said: “Susan, a vulnerable patient with a severe learning disability, loved her baby doll as though it was her own child and she may never recover from the cruelty she suffered while at the Walsall Manor Hospital.

“After facing denials from the hospital and only an offer to replace the doll, achieving financial compensation and an independent investigation finally brings her some justice.

“This case underlines the important protections afforded by our Human Rights Act, which we relied upon to argue for these wider outcomes for Susan.”

She said the money would be used to help Hearsey recover from the ordeal.

The family also complained of neglect and abuse including that staff were distracted while on duty, lacked an understanding of Hearsey’s special needs and that she was not provided with adequate hygienic care.

Trust chief executive Richard Kirby said: “We are very sorry that this incident occurred and would like to apologise to Ms Hearsey and her family.  

“The trust conducted a thorough internal investigation immediately following the incident and spoke with Ms Hearsey’s family to discuss their concerns. The outcome and actions taken following the investigation were also shared with the family to reassure them that appropriate action had been undertaken and controls put in place to ensure that this would not happen again.”