Ex-pupil awarded damages for face-down restraint at Oxfordshire special school
A former student at Mulberry Bush school in Standlake, Oxfordshire, has been awarded £18,900 in damages after being repeatedly restrained face down and once imprisoned for nearly five hours. The student, now 25 and unnamed for legal reasons, was a pupil at the school until 2009.
Legal Ruling and Damages Awarded
On 8 November, a high court judge, Ms Justice Obi, found that the student was restrained face down by staff three times and prevented from leaving his room by having a towel placed around the door 14 times. Justice Obi ruled that these actions constituted battery and unlawful imprisonment, awarding aggravated damages due to the school’s failure to understand the seriousness of using face-down restraints.
Expert Commentary and School’s Response
Emma Jones from the Leigh Day law firm emphasized that face-down restraints should rarely be used for children due to life-threatening risks. She also highlighted how even schools rated outstanding by Ofsted could overlook poor practices. The school spokesperson expressed disappointment with the ruling and mentioned potential appeals, citing inconsistencies with a previous tribunal decision.
Impact on the Student and Family
The student’s father, also anonymous, shared his struggle to find proper support for his son due to a shortage of special educational needs and disabilities (Send) places in the area. He expressed concerns about his son’s well-being, noting the negative impact of the restraints on his behavior and emotional state. The father criticized the school for not listening to his concerns and questioned the continued employment of staff involved in the incident.
In conclusion, the case sheds light on the challenges faced by families of children with special needs and the importance of proper care and understanding in educational settings. It also raises questions about the use of restraints and the accountability of institutions in ensuring the safety and well-being of vulnerable individuals.