A cerebral palsy sufferer who alleges ill-treatment by staff at an adult care home in Douglas has been allowed to continue a long-delayed claim for damages.

The High Court has dismissed an application by the Department of Health and Social Care to strike out the claim, meaning the case will now be allowed to proceed.

Now aged 30, the claimant, referred to only as A, was 18 at the time of the alleged events at the Hollydene facility in 2013.

It is alleged that ill-treatment by staff at Hollydene, particularly during a two-night respite stay between June 27 and 29 that year, resulted in him suffering post-traumatic stress disorder (PTSD).

The claimant has had cerebral palsy and learning difficulties since birth and is bringing the legal action through his mother.

As originally stated in the claim form, the value of the claim was ‘less than £50,000’, but the claimant’s current advocate, Vicki Unsworth, suggested that figure was too low, indicating damages could ultimately exceed that amount.

Up to February 2013, A, who lived with his parents, had periodically received residential respite care as a child at Braddan Resource Centre.

When he reached 18, his respite arrangements moved to adult care services at Hollydene, which is based at Radcliffe Villas on Glencrutchery Road in Douglas.

It is alleged that facilities at Hollydene were not equipped to deal with A’s physical difficulties, as there were no hoisting facilities to assist him with bathing or using the toilet.

On March 18 that year, it is alleged he suffered a dislocated knee while staff were getting him into the bath.

His parents wrote a letter of complaint about the standard of care, which it is alleged led to A receiving abuse from staff during further respite between June 27 and 29.

The parents allegedly received an unfriendly reception when collecting their son, and noted he was unusually agitated.

Hollydene’s official diary recorded that the claimant had been upset during the night and shouted ‘you bitch’ and ‘I want to go home’, behaviour described as completely out of character.

A was said to have been greatly distressed in the car after being collected. His mother asked what had upset him and it is alleged he began sobbing and shouting: ‘I don’t like Hollydene’.

He was said to have stated repeatedly: ‘They banged my head’.

The parents recorded some of his responses on video.

A is alleged to have remained very upset in the days and weeks that followed, waking frequently during the night and showing signs of ongoing distress.

It is alleged that the events between February 28 and June 29, 2013 changed the claimant from ‘a sociable, fun-loving young man to a mentally scarred and distressed person’.

The DHSC carried out an investigation following an official safeguarding complaint. All staff denied mistreating the claimant.

The investigation concluded A may have overheard staff speaking negatively about his parents, which could have caused distress, and also suggested facilities at Hollydene were not fit for purpose at the time.

A further investigation by an independent consultant suggested A may have been the victim of rough handling or physical abuse, but it was not possible to identify who was responsible, when it occurred or whether it was intentional.

The DHSC applied to strike out the claim, arguing it had no real prospect of success and citing an ‘inordinate’ delay of 12 years since the alleged events.

Deemster John Needham ruled the opinions of the investigators carried no evidential value and were inadmissible for the purposes of determining the application.

However, he said there remained a valid cause of action in negligence or breach of duty and that it would not be in the interests of justice to strike out the claim because of delay alone.

He said the claimant must ‘nail its colours to the mast’ by amending the claim to specify how the alleged trauma was caused, whether through physical abuse, rough handling, verbal abuse or other unkind treatment.

In January, Tynwald approved a £6m redevelopment scheme for the ‘outdated’ Radcliffe Villas site. A new 12-bedroom facility will include en-suite rooms, ceiling track hoists, fully equipped disabled bathrooms and office facilities for staff.