EXCLUSIVE: No charges in hospital inquiry

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Thursday, March 26, 2009
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This is Cornwall

CAMPAIGNERS who helped expose abuse at a care home for vulnerable adults have said they are "absolutely appalled" that no-one would be prosecuted.

Devon and Cornwall Police announced in July 2006 that it would investigate allegations made by residents with learning disabilities at the disgraced Budock Hospital, near Falmouth.

A report published jointly by health and social care watchdogs, the Healthcare Commission and the Commission for Social Care Inspection in 2006 detailed "widespread institutional abuse" of people with learning disabilities in Cornwall.

The report's authors investigated Budock Hospital and also looked at other treatment centres, children's units and houses occupied by groups of people with learning disabilities.

Health investigators revealed that people with learning disabilities had been hit, pushed and dragged by carers at several centres in Cornwall, with much of the abuse occurring at Budock, according to the report.

Others had been habitually stupefied with medication, given cold showers, or locked in their rooms. One person was tied to a bed or wheelchair for 16 hours a day.

However, after a lengthy police investigation the Western Morning News can reveal that the Crown Prosecution Service has decided that there is "insufficient evidence" to prosecute any individuals accused in connection with the abuse. The news broke just 24 hours after the Health Service and Local Government Ombudsmen found a litany of "significant and distressing failures" in caring for people with learning disabilities.

Reg Broad, chairman of East Cornwall Mencap, yesterday said: "Very few people indeed have been held responsible for what happened. I think most people who were abused will be absolutely appalled."

Mr Broad said he accepted the investigation was complex and that people with learning disabilities "are not considered to be good witnesses".

He added: "I am surprised there have been no charges because I know of one or two cases where there were independent witnesses. I'm surprised that none of those have made it into court. They keep talking about people with learning disabilities having the same rights as everyone else, however if you don't have protection under the law, what rights do you have?"

Mr Broad said he had met officers involved in the case and was convinced that they were "committed" to the case.

But, he said: "I don't think the managers were willing to allow the man hours to be put in on such a risky case. I think they pulled the plug when it was politic."

The scale of abuse and systematic failures revealed by the joint report resulted in five care workers being sacked. Three directors of the under-fire Cornwall Partnership NHS Trust also resigned from the board. Budock Hospital has been demolished.

It also sparked a major national inquiry into "institutional discrimination" against people with learning disabilities. Former Health Secretary Patricia Hewitt described the events in Cornwall as "disturbing".

Yesterday, a spokesman for Devon and Cornwall Police said it had undertaken "a thorough and complex investigation" and had informed families involved of the "Crown Prosecution Service's decision to take no further action in relation to any of the allegations made". He added: "A final report will be prepared shortly to conclude these matters. Relevant aspects of this report will be made public in due course."

Despite a number of calls from the Western Morning News, the Crown Prosecution Service was unable to provide comment.

It has also emerged that scores of residents from Budock Hospital, and others in supported living houses in the county, are to sue the partnership trust. A group litigation order has been confirmed by the courts. Allegations include assault, breaches of human rights, medication being administered without consent and physical restraint.

Richard Scrase, from Follett Stock in Truro, said: "It is, to say the least, unfortunate that the police have ceased their investigation. Several of Follett Stock's clients allege that they are the victim of serious assault, including allegations of sexual assault by staff. It is a matter for the CPS to decide whether the police have collected sufficient evidence to bring criminal prosecutions.

"However, that the CPS should have concluded that they have insufficient evidence does not mean that those allegations and other related issues cannot be pursued through the civil courts. Possibly the police had concerns about their ability to take statements from people with learning disabilities."

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