A young autistic man with learning disabilities has settled a legal claim against Cygnet Health Care after it was alleged he received negligent treatment while staying at a specialist care unit.
Jamie Newcombe, 29, claimed he suffered significant physical and psychological harm while at Bostall House, London, between 2014 and 2015.
Cygnet, a private provider of health and social care services, admitted breaking the young man’s arm but denied his other claims.
Newcombe 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 acquired by Cygnet in 2018, which assumed responsibility for Danshell’s liabilities.
While staying at Bostall House, Newcombe claimed he suffered physical and emotional harm from staff.
His family was concerned that his psychiatrist and responsible clinician initially overmedicated him, prescribed clozapine (an antipsychotic medication) without necessary heart tests and stopped clonazepam (usually used to control seizures, muscle spasms or panic disorder) abruptly, which is against clinical guidelines.
When Newcombe’s mother, Julie, reported changes in his breathing and general physiological behaviour, the responsible clinician dismissed the possibility of any danger from the sudden withdrawal from clonazepam. Following this, her son experienced distress, including myoclonic jerks (involuntary muscle contractions), slurred speech, nightmares and self-harm.
The clinician allegedly told the father he would send his son to a unit ‘a long way away’
On 4 March 2014, an unauthorised restraining technique was used on Newcombe, 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 more than 24 hours, causing him significant pain and distress.
Long-term injury
Healing was prolonged and uncomfortable; Newcombe had to wear a brace for several months. The incident also had long-lasting psychological impacts, including post-traumatic stress disorder, which still affects him.
The injuries meant he was unable to take part in routine therapeutic activities such as swimming and trampolining.
He 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 the 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 his mother from visiting every day and withdrew all hospital leave.
Julie Newcombe, an autism and learning disability rights campaigner and co-founder of campaign group Rightful Lives, asked human rights lawyers at Leigh Day to investigate her son’s claims of ill treatment.
The company admitted causing the fracture injury but denied all other allegations. They nevertheless agreed to pay damages, which were approved by the high court in September 2024. (The court approved the settlement because Newcombe lacks capacity to litigate – it did not consider the allegations.)
Care failures
Newcombe’s experience highlights failures in care for those 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, we hope this settlement will help Newcombe and serve as a reminder of the need for better care and oversight in institutions entrusted with vulnerable individuals.
Yvonne Kestler is senior associate solicitor at Leigh Day, which instructed Oliver Lewis of Doughty Street Chambers for this case
‘If Jamie were to go into one of these units again, the same things could happen. That is our fear’
There are endless reports and reviews on stopping harm in care settings. The issue is making the powers that be put them into practice and be held to account, says Julie Newcombe
What happened to my son Jamie was horrific and is still happening to so many other people 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.
We were very relieved to have this claim resolved, more than I thought we would be to be honest. But still angry. I don’t think that will ever go away. Angry at what Jamie suffered and angry that it took so long to get any sort of acknowledgment.
What this case means in practical terms is that Jamie can get some therapeutic help so he can move forward a little bit. He has post-traumatic stress disorder as a result of his experiences and it is unlikely he will fully recover but, hopefully, we can make some good memories.
Beyond that, it has been so very wearing.
Baroness Hollins’ report, published a year ago, focused on those with a learning disability and/or autistic people detained in mental health and specialist learning disability hospitals. She talked about better procedures for reparation. That has to happen. Accountability is non-existent in this sector.
More widely, in terms of how this case could have wider significance, I hope it will encourage others to take action, but I can understand why it might be too daunting for some.
We need to show these huge organisations that they cannot ride roughshod over people’s human rights.
Putting it right
How do we help ensure this doesn’t happen to more people? I think endless reports and reviews are already in existence about that.
The issue is making sure the powers that be put them into practice.
The first part of the answer is to ensure full accountability. So many laws and so much national policy and guidance are simply ignored. Poor practice and commissioning are common and abuse happens far too often. There needs to be a rapid route for raising concerns whenever these things happen and for them to be stopped.
The second part is to sort out the money. Councils may be struggling but, if there is enough taxpayers’ money available to lock people up in dire conditions for years on end, there is enough money to make sure they can get a good life.
Today, Jamie is OK although he still dwells on what happened. He has an excellent staff team and is out and about every day. When you consider how much he needs to be outside doing stuff, it makes it even more criminal that he was ever locked away. n
Julie Newcombe is a parent campaigner and co-founder of Rightful Lives
