The High Court has approved the settlement of a civil claim brought by Bindmans client ‘AP’, by which Oxford Health NHS Foundation Trust will pay significant damages for the detention and treatment of AP between 30 July 2020 and 5 July 2021.

In July 2020, AP’s home needed significant repairs and adaptations. As there was no safe alternative accommodation, AP was held in a “section 136 suite” at his local hospital, a “place of safety” designed for detention for up to a maximum of 36 hours. Because of a lack of suitable facilities to meet AP’s needs, he was detained in the s.136 suite and in a seclusion room for a period of 340 days. During that time he was subjected to a stringent regime and lack of stimulation as well as reduced activities and exercise, which left him traumatised.

Caroline Robinson, AP’s solicitor in Bindmans Public Law and Human Rights team, said:

We are pleased that AP and his family have been able to obtain some form of justice, having been completely let down by Oxford Health NHS Foundation Trust.  Had they commissioned a suitable ‘crash pad’ facility for AP during this crisis, AP’s detention under the Mental Health Act and subsequent inappropriate and harmful treatment may have been avoided. Instead, he was left restricted, isolated and traumatised.”

AP brought a claim against Oxfordshire Health NHS Foundation Trust for breaches of his rights to freedom from detention, inhuman and degrading treatment, as well as respect for his private and family life, negligence and associated psychiatric injury.

AP’s experience is unfortunately all too common for people with learning disabilities and autism, who are at risk of detention under the Mental Health Act despite not having a mental health condition and who often experience inappropriate care while detained, including the over use of restraint and medication.    

The Mental Health Bill 2025 is intended to address some of the current legislation’s shortcomings regarding the inappropriate detention of those with autism and learning disabilities. However, it remains to be seen whether adequate community resources will be made available to support those in need.

AP’s litigation friend, Lisa Perry says:

We are grateful that the Human Rights case has finally come to a conclusion. However, we are dismayed that we have had no assurances from Oxford Health Foundation Trust that lessons have been learned from our son’s shocking experiences under their care. Taking our son away from his family, support team, community and familiar routines has been deeply damaging.  Despite the reworking of the Mental Health Act to preclude those with a learning disability and/or autism from detention, without a local response in place, my son and those like him remain vulnerable.”

AP has been anonymised during the proceedings in order to protect his identity. AP was represented by Liz Cleaver, Caroline Robinson and Lily Seaborne of Bindmans LLP, with Jamie Burton KC and Dr Oliver Lewis of Doughty Street Chambers.