A landmark legal ruling has been won by a mother and her son who suffered a regime of abuse and harm at a Devon care home.

The claimant, Ben, lived at Atlas Project’s Veilstone care home for 17 months between 2010 and 2011.

During this period he was locked in a ‘quiet room’ without natural light, a bed or toilet facilities on over 100 occasions.

Ben, who has since been diagnosed with PTSD, was also physically restrained and denied family visits.

Atlas Project was dissolved after a criminal case was brought over abuse allegations. In 2017, 12 managers and carers at Veilstone were convicted of mistreating learning disabled residents, including Ben.

Ben’s legal claims were settled with his care commissioners, Devon County Council and the Department of Health on behalf of the now defunct NHS partnership trust.

Ben’s sister Emma said: “People with learning disabilities and their families have the same human rights as everyone else to be free from harm and abuse, and to have a family life. Whilst this settlement is a landmark, we know sadly that the breaches of human rights underpinning it are far from rare, Ben is not the only person with learning disabilities, and we are not the only family, to have our human rights breached.

“We hope that other families can benefit from this outcome, to champion their own rights and challenge human rights breaches.

Solicitor Catriona Rubens of Leigh Day, who acted on behalf of Ben and his family, said: “It is a testament to the tenacity of Ben’s family that the bodies responsible for his placement accept that his rights were breached by the cruel and inhumane regime of ‘care’ at Veilstone. 

“Ben’s mother Claire has fought tirelessly for recognition that she was unlawfully deprived of contact with her son, and it is right that the state bodies accept that this breached Claire’s own human right to a family life. 

“The rights of learning disabled and autistic people like Ben to live good, fulfilled lives, must be upheld by the state. Ben’s case is a stark reminder of the devastating consequences that occur when institutions fail to uphold human rights protections and ignore the concerns of families.”  

In a joint statement Devon County Council and the NHS said: “We recognise and accept that Ben was subjected to a regime of abuse and harm at Veilstone. This should never have happened, and we offer a full and frank apology to Ben and his family.

“The safeguarding and welfare of learning disabled and autistic adults like Ben is of upmost importance, and their rights must be respected.  In our ongoing role as commissioners, we are committed to learning lessons as a result of the abuse that occurred at Veilstone.”