Former pupil restrained at school wins case

November 10

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A spokesperson for the school said it was “naturally disappointed” by the judgement

A man found to have been repeatedly restrained and once detained for nearly five hours at his former school will receive £18,900 in damages.

He was a pupil at the Mulberry Bush School in Standlake, Oxfordshire, more than a decade ago but the claim was decided at the High Court on Friday.

A judge found he was restrained face down by staff three times and that others placed a towel around the door of his room to stop him leaving it 14 times.

The private residential special school said it was “naturally disappointed” by the outcome and that it was “potentially seeking permission to appeal”.

Amelia Walker, representing the man’s family in court, said the restraints imposed on him were “inevitably humiliating and degrading, as well as dangerous”.

Judge Margaret Obi found the restraints constituted battery and that being prevented from leaving his room constituted unlawful imprisonment.

Catherine Foster, representing the school, said the man was “restrained legitimately” 117 times at the school on other occasions.

She said the school felt the restraints were “a necessary and proportionate means of managing disruptive behaviour”.

The judge said she was satisfied he was left “distressed and humiliated by the experience of being restrained face down”.

She said the school continued to use towels to restrict his movement even though social services previously “made it clear” that was inappropriate.

Ofsted found pupils “thrive” at the “transformative” school, which inspectors said had a “highly ambitious and broad” curriculum, at an inspection in September.

In a statement, a school spokesperson said it was “important to note that the court found that there was no negligence” found on its part.

But they said there were other elements in the judgement the school found were “inconsistent” with previous hearings.

The spokesperson added: “We have been working with children and families affected by complex emotional needs for 75 years and always endeavour to do what is right and best for every individual child.

“This work is never done in isolation and we always work closely with everyone involved in a child’s care.”

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