Tuesday 17 July 2012

The Local Government Ombudsman found that Kirklees Council failed to protect a local young woman for whom they were responsible “Katrina”. They did not take into account her history in relation to previous abuse and court orders which were known to the council. In addition, the council failed to take into account Katrina’s ability (mental capacity) to make decisions about keeping herself safe when they had previously decided she could not make to decisions to protect herself. The Ombudsman found that Kirklees Council’s failings caused severe distress to Katrina and her family.

Background

Katrina is a young woman who has learning disabilities.  In 1999 and 2000 Katrina had a difficult relationship with her boyfriend and was financially and sexually abused.  Kirklees council were very concerned for Katrina’s welfare and eventually obtained a court order which allowed them to advise Katrina in her decisions about who to be friends with and where she should live.  Katrina spent some time in a number of different care homes and made significant progress at those homes.

She then moved to her own flat but continued to receive support provided by Kirklees.  Katrina had not been at her new flat for very long when she started a relationship with another person who was living in the block of flats and who was also receiving care from the council.  This person then went on to persuade Katrina to do things that she did not want to do financially and sexually.  Katrina told members of Kirklees staff, who were supposed to be caring for her, about the things that she was being made to do. No action was taken by the members of staff or the council.  This was despite the fact that the council knew Katrina had suffered the same abuse previously and was likely to suffer the same abuse in the future unless she was protected from this type of abuse.

The family instructed Community Care law specialist Rebecca Chapman at Ridley & Hall Solicitors to take action on their behalf.  A complaint was made to the council. When Kirklees failed to accept that they had done anything wrong in regard to protecting Katrina from financial and sexually abuse the matter was referred to the Local Government Ombudsman.  The Local Government Ombudsman made a full investigation which confirmed that the council had not taken the appropriate steps to ensure that Katrina was kept safe.  The Ombudsman made some recommendations into how procedures should be changed and recommended that the council paid Katrina £15,000 for the distress that she had suffered.

Rebecca Chapman at Ridley & Hall commented:-
“Although a complaint had been made to the police, there was not enough evidence to charge the alleged perpetrator.  It was clear that Katrina had suffered an enormous amount of distress and should never have been put in this position.  I am pleased that the pain she suffered has been recognised and that procedures have been put in place to try to prevent it from happening to other people. It should never have happened to this very vulnerable young woman.

“The Ombudsman recommended that the council should:
a) Consider Katrina’s ability to make decisions to keep herself safe
b) Offer and fund specialist therapy/counselling for Katrina
c) Offer Katrina the right level of support which should be detailed in a care/support plan which should identify the course of action if Katrina’s mental health begins to worsen.
d) Consider the training needs of staff, particularly care support staff for the protection of vulnerable adults
e) Pay £15,000 into a trust fund for Katrina (£5000 for each year of distress)
f) Review record keeping practices particularly to consider the safeguarding of vulnerable adults, and to provide the appropriate training and guidance to staff. “

Ms Chapman went on:
“Money will never compensate her for the suffering she endured. I am determined to ensure that the council fulfils the other recommendations made by the Ombudsman.”

Please note that the names in this press release have been changed to protect the identity of the victim.  If you require any further information please do not hesitate to contact Rebecca Chapman at Ridley & Hall Solicitors on 01484 538421 or Nigel Priestley on 07885 430085.