A YOUNG autistic boy who was allegedly locked into a toilet in her home by a carer while she left the house for a time has secured €50,000 in settlement of his High Court action.
It was alleged the carer, while employed by a private company, had locked the boy into the toilet and then left the house for a time before returning to unlock the toilet door.
The incident involved “absolutely scandalous behaviour”, Mr Justice John Quirke observed.
The action was taken by Alex Berry (15), who was eleven at the time of the alleged incident, through his father and mother Peter and Susan, Coolatree Park, Beaumont, Dublin.
The action was against the HSE; a carer, Siobhan Quinn, The Crescent, Larchill, Santry, Dublin and Northside Home Care Services Limited (NHCS), described as Ms Quinn’s employer. The HSE and NHCS had denied liability while no defence was entered in the proceedings on behalf of Ms Quinn.
Approving the settlement, Mr Justice Quirke said the incident represented “absolutely scandalous” behaviour and was “an absolutely dreadful thing to do”. He felt it was a good settement and hoped the parties responsible understood what they did.
Outlining the case, John Fox, for Alex, said the HSE had provided home support for the plaintiff’s family at Ms Quinn’s own home through a funding arrangment with NHCS.
The carer was employed as a home help to the infant for 15 hours per week. She had been engaged by NHCS in this task for 2½ years up to May 2005.
Counsel said Alex was entirely dependent on the carer during his stay on her premises and his condition was such that he could not be left alone and required adult supervision at all times. He had been incarcerated in the toilet by his carer.
In Alex’s statement of claim, it was alleged Ms Quinn had on May 3rd, 2005, collected Alex from his maternal grandmother’s home at 11am and brought him to her own home at Larchill, Santry.
When Alex’s father Peter Berry had observed Ms Quinn walking away from Larchill at 3.45pm on May 3rd, 2005, he was concerned Alex was not with her. He drove to her home and, as he knocked on the door, he observed her returning to the house and subsequently observed her unlocking the toilet door under the stairs to release his son.
Mr Berry alleged his son was in a very distressed state.
The HSE denied negligence or breach of duty and pleaded the incident occurred due to negligence and breach of duty of NHCS.
NHCS in its defence, said it had employed Ms Quinn but denied it was negligent or in breach of duty. If Alex was caused to suffer personal injury, the company pleaded that was caused or occasioned by reason of the unlawful actions of Ms Quinn who, it claimed, was solely and exclusively liable.