DONAL MACINTYRE WINS LIBEL ACTION AGAINST KENT POLICE

Goodman Derrick is delighted to announce the success of client Donal MacIntyre in his action against the Chief Constable of Kent and two colleagues. The action concerned comments made by the Police about a programme in the ‘MacIntyre Undercover’ series (November 1999) which examined standards of care in a residential home for adults with learning disabilities in Gillingham, Kent.

Goodman Derrick partner Nicholas Armstrong, acting for MacIntyre, told Mr Justice Gray in the High Court that Kent Police have withdrawn and apologised unreservedly to Mr MacIntyre and the BBC Production Team and have agreed to pay damages and Mr MacIntyre’s legal costs.

Donal MacIntyre said: “The fight to highlight the abuse in the Brompton home became through this litigation, a fight to ensure that everyone no matter who they are, is equal before the Law. It became a fight to ensure that the most vulnerable people in society - the voiceless and marginalised - have not just equal rights should be offered extra protection before the Law because of their circumstances. Sadly the Kent Police failed the residents of the Brompton Care home. They said that it was a waste of their time investigating the abuse at the Brompton Care Home - this litigation demonstrates that there could be no better use of Police time than protecting the vulnerable and abused.”

“The physical, emotional and verbal abuse of those at Brompton which was denied by the Kent Force is now not in doubt. The way is now clear for the residents to sue the Brompton Home for the distress and damage caused to them there. I said when the programme was first broadcast that this was the programme that meant most to me. It is the most important programme I have ever done. The programme’s findings and the BBC’s journalism has been vindicated.”

Nicholas Armstrong, Goodman Derrick, said: “The successful outcome of this libel action is both historic and important. It is historic because, as far as we are aware, this is the first time that the police have ever been successfully sued for defamation. It establishes that Police officers (including press officers) have no authority to make unwarranted and untrue comments which stray beyond the boundaries of police functions in relation to criminal activity. The result is important because it delivers a ringing endorsement for the approach of Donal MacIntyre and his BBC colleagues in highlighting grave concerns at the way in which vulnerable individuals were treated at the Brompton care Home. To this extent it will have a positive impact on the standard of care of people with learning disabilities throughout the country.”