Donal MacIntyre vindicated in libel action against Kent Police.

The BBC journalist Donal MacIntyre has been successful in a libel action against the Chief Constable of Kent and two colleagues. The outcome appears to be unprecedented and the first time the police have been successfully sued for defamation.

The action followed comments by the Kent Police about a BBC ONE programme in the “MacIntyre Undercover” series (transmitted on 16.1.99) which exposed poor care standards in a residential home in Gillingham, Kent. Following the programme, the home was closed, and an investigation by the police resulted in two people being cautioned for 5 offences of criminal assault.

At the High Court this morning (3 October) the Kent Police have apologised unreservedly for the remarks which they have accepted were incorrect and unjustified and have withdrawn them and undertaken not to repeat them. Kent Police have also paid a substantial amount in damages which Donal MacIntyre has chosen to donate to two charities for people with learning difficulties. The police have also undertaken to pay Donal MacIntyre’s costs in bringing the action.

Speaking outside the High Court this morning, Donal MacIntyre said: “Kent Police today acknowledged that the Brompton Care Home programme gave a fair and accurate impression of life there and exposed distressing and unacceptable behaviour by some members of staff. This programme was very important to me as it gave a voice to some of the most vulnerable people in society. People with learning difficulties have a right to quality care and protection, free from abuse, and I am delighted that we have been completely vindicated.”

The BBC’s Director of Television, Jana Bennett, said: “The outcome of this action vindicates Donal MacIntyre, the programme team, and the BBC’s journalism in exposing serious abuses at this care home. When the police refused to withdraw their remarks we had no option but to support this action. It was important that public confidence in the disturbing findings of this programme was not undermined by the unwarranted and unjustified police comments made after the broadcast.”

Donal MacIntyre’s solicitor, Nick Armstrong of 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 unjustified and incorrect statements 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”.

Revelations in the programme about the abuse of residents of the Brompton care home have also led to legal changes in guidelines the government issues on the use of physical restraint by carers.

Professor David Allen, Consultant Clinical Psychologist and honorary lecturer in Learning Disabilities, Glamorgan University says, "The programme undoubtedly played a major role in exposing poor practice and helped shape national thinking in this controversial area. It prompted the clearest statement yet from government on the dangers of using these procedures. Had the recent press views gone unchallenged the care of one of our most vulnerable groups of citizens would have been set back at least 50 years."

Professor Allen is a member of the British Institute of Learning Disabilities working group on physical intervention and was called as an expert witness during the proceedings. He has over 22 years of experience of working with people who have severe learning difficulties and for the last 13 years has worked exclusively with people who display severe challenging behaviour.