Thirteen convicted for treating residents like animals in 'systemic abuse' at two care homes

Four company directors and nine staff at two care homes in Devon for people with learning disabilities and autism, have been convicted of 'organised and systemic abuse', with one of the directors being jailed for 28 months.

The abuse took place at Veilstone care home in Bideford and Gatooma care home in Holsworthy, run by Atlas Project Team Limited. Both homes are no longer operating.

During 2010 and 2011, residents were repeatedly and systematically detained in cold, bare isolation rooms which had little or no furniture and no heating or toilets, sometimes for several hours at a time or even overnight.

When inspectors from the Care Quality Commission made an unannounced visit, they found “the window was locked, so there was no ventilation in the room if the door was closed, and there was no curtain or other window covering to promote privacy (the room is on the ground floor and can be easily looked into).

“We were told by the manager that the ‘quiet room’ was used as a place for people to relax but it had no features of a relaxing, calming nature as it lacked any form of stimulus and was stark and cold.”

Residents treated like animals

During the trial, Prosecutor Andrew Langdon QC said care workers had attempted to change residents' behaviour as if they were training animals.

One resident spent 195 sessions in the isolation room. Thirteen of these were for the whole night. Bristol Crown Court heard staff used excessive and inappropriate seclusion as a result of training given to them by senior figures in the company, enabling the directors of Atlas to be convicted, along with the staff who were directly involved in the abuse.

Huw Rogers, head of the Complex Casework Unit for CPS South West, said: “The directors and managers at the Atlas care homes created a culture of abuse - unlawfully detaining residents in very poor conditions for long periods of time.

“This case has been ground-breaking in that the directors and managers of the homes and not just the staff that implemented their policies have been held to account.”

Ben's experiences of abuse and fear continues to haunt him

Claire and Emma Garrod, mother and sister to one of the residents who was abused at the home said: “Throughout these trials our family has endured the torment of hearing how our beloved son and brother suffered yet again at the hands of people who were paid to care for him. Ben is still a prisoner from the abuse he suffered at Veilstone and at Winterbourne View.

“Instead of being able to enjoy the prime of his life Ben’s experiences were of abuse and fear, that continues to haunt him today.

“Throughout the trials Ben has been denied a voice, no one to explain the kind, warm and loving person he is and how he is thriving with the good quality support he now receives. Instead, the language used in the courtroom has been a painful reminder of what we already knew - that there is a damaging lack of understanding about learning disability even today.

“More needs to be done to ensure that justice is achieved for the victims affected by these trials, our thoughts remain with them all. Despite this, we would like to extend our gratitude to Devon and Cornwall Police for undertaking this difficult case.”

Verdict brings hopes that future welfare will improve

Alison Millar from law firm Leigh Day, who represented several of the former residents of the Devon care homes, one of whom was also a victim of abuse at Winterbourne View before being placed at Veilstone and suffering further abuse, called it a “significant verdict for the future welfare of people in residential care”.

She added: "These criminal court proceedings against Atlas Projects Ltd founder Paul Hewitt and Atlas managers and employees underline the legal responsibilities those who manage and profit from care facilities have for the physical and psychological well-being of their residents.

"It also highlights the responsibility of those public bodies who failed these vulnerable individuals by not commissioning appropriate facilities and therefore should retain responsibility for the services they have contracted out.

"These verdicts against the owners and managers of Atlas Projects Ltd and those they employed, are a reminder that Health and Safety legislation protects the rights of the most vulnerable and we would call on the Government to ensure that more is done to strengthen such safeguards." Mencap and the Challenging Behaviour Foundation have been supporting families of victims involved, whilst working closely with Devon and Cornwall Police throughout the investigation.

'Took far too long' for abuse to be exposed

Jan Tregelles, chief executive of Mencap, and Vivien Cooper, chief executive of The Challenging Behaviour Foundation, said that the “horrific accounts of people with a learning disability being abused by those who were being paid to support them” through the court hearings has been “chilling”.

“Atlas Project Team claimed to provide specialist care for people with a learning disability, at a cost of up to £4,000 per week per person. Staff were paid to care for people with a learning disability but instead of doing so imprisoned them repeatedly for long periods, often in cold rooms with no sanitation.

“Despite several warning signs, it took far too long for the abusive practices at the care homes to be exposed.

Mencap and the Challenging Behaviour Foundation blamed this on “poor commissioning by a number of local authorities and weak inspection which allowed an abusive culture to develop and sustain itself with devastating consequences for individuals and their families”.

“These trials have brought into sharp focus the unacceptable attitudes and lack of respect for people with a learning disability that exists in society. Across the country thousands of people with a learning disability, autism and behaviour that challenges are still subject to unacceptable practices, including the use of dangerous restraint techniques, the administration of anti-psychotic medication when they don’t have a mental illness and the use of solitary confinement.

“This environment, which enables commissioners to spend thousands of pounds per week of public money on the wrong type of services with no accountability, must change,” added Jan Tregalles and Vivien Cooper.

Charges and sentences:

• Paul Hewitt (director) - found guilty and sentenced to a fine of £12,500 for the Health and Safety offence of Failing to Discharge a Duty. He was also ordered to pay prosecution costs of £105,000.

• Jolyon Marshall (director) - pleaded guilty and was sentenced to 10 months imprisonment for Conspiracy to Falsely Imprison and to 8 months consecutive for Perverting the Course of Justice. On 9 December 2016 this was increased from 18 months to 28 months by the Court of Appeal.

• Rachael Marshall (director) - pleaded guilty and was sentenced to 8 months imprisonment, suspended for 2 years for Conspiracy to Falsely Imprison.

• Timothy Stevens (director) - pleaded guilty and was sentenced to 10 months imprisonment, suspended for 2 years, with for Conspiracy to Falsely Imprison.

• Lisa Pluckrose - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year for Perverting the Course of Justice and to the same for one a count of False Imprisonment, concurrently.

• Timothy Berry - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year, with 100 hours unpaid work for Perverting the Course of Justice and to the same for one count of False Imprisonment, concurrently.

• Victoria Cobbett - pleaded guilty and was sentenced to 4 months imprisonment, suspended for 1 year for a count of False Imprisonment.

• Natasha Stapleton - found guilty and sentenced to 12 months imprisonment, suspended for 2 years (concurrent on each count) for 3 counts of False Imprisonment.

• Christine Kent – found guilty and sentenced to 4 months imprisonment, suspended for 1 year (concurrent on each count) for 2 counts of False Imprisonment.

• Alison Palmer – found guilty and sentenced to a conditional discharge for 2 years for False imprisonment.

• Sarah Eke – found guilty and sentenced to a conditional discharge for 2 years for False Imprisonment.

• Samantha Honey - found guilty and sentenced to a conditional discharge for 12 months for False Imprisonment.

• Chloe Massey-Caines - found guilty and sentenced to a conditional discharge for 12 months for False Imprisonment.