Settlement Obtained for Children Following Mothers Death From Negligent Mental Health Care

A family represented by Dean Wilson LLP achieved a £360,000 settlement after serious failings by a mental health trust contributed to a mother’s tragic death.

Description

This case arose after a single mother of two sadly took her own life in 2021. Dean Wilson Solicitors were instructed by Mrs C, sister of the mother. At the time of her death, Mrs C’s sister was under the care of her local mental health trust after attempting to take her own life and being admitted to hospital the previous year. In the weeks preceding her death, multiple concerns were raised over her safety by the family and the family’s social worker, but despite this, no further steps were taken by the trust. 

In 2022, an inquest was held into Mrs C’s sister's death. Ben Davey, Partner at Dean Wilson, met with the family and helped them by instructing a barrister to represent and advocate for them at the inquest, and to submit concerns to the coroner on behalf of the family about the treatment Mrs C’s late sister had received.

After hearing evidence, the coroner gave the conclusion that the death was contributed to by neglect (which is described as a “gross failure to provide basic medical attention to someone in a dependent position”) on the part of the mental health trust.

Our involvement

Following the inquest, Dean Wilson Solicitors pursued a clinical negligence claim for the two children of the deceased, brought by Mrs C, and were able to obtain an early admission of liability from the Defendant in late 2022.

Following the Mrs C’s sister’s death her daughter moved in to reside with her father, who was living in a single-bed caravan, without access to a bathroom or running water. Ben Davey pushed to secure funding for the daughter to move into a home and successfully obtained a payment of £25,000 from the Defendant to ensure that she could be safely housed.

In early 2024, the Defendant made an offer of £100,000, which was rejected, and despite their admission of liability, the Defendant refused to agree to joint settlement meeting negotiations. In response, Ben Davey began court proceedings against the Defendant to put pressure on them to engage with the claim and obtained a date for a settlement meeting to take place in 2025.

Outcome of the case

Over the course of the claim, a complex legal dispute arose between the parties surrounding the recoverability of housing and care benefits administered by the state. The Defendant's position was that such benefits were not recoupable, whilst Dean Wilson strongly asserted that the children should be entitled to recover these benefits.

During the settlement meeting in 2025, the Defendant made an opening offer of £135,000, which was made based on their stance on the legal issue. Dean Wilson advised Mrs C to reject the Defendant’s offers and withdraw from settlement negotiations due to the Defendant’s unwillingness to substantially increase their offer.

Due to the complexity of the legal dispute, Dean Wilson obtained legal counsel from William Dean, Barrister at Deka Chambers, who examined the arguments closely and provided a secondary opinion.

After providing compelling evidence, supported by the written advice of William Dean, Dean Wilson Solicitors were able to secure a favourable settlement figure for the children of £360,000, a 267% increase on the Defendant’s offer just 2 months earlier, and a 360% increase on the Defendant’s opening offer.

Contact Dean Wilson Solicitors For Expert Medical Negligence Claims

Dean Wilson LLP were instructed in this matter on a no-win no-fee agreement. Ben Davey, Partner, supported the family throughout this claim with assistance from Tom Saady Gardiner, Senior Paralegal, and legal counsel provided by William Dean, Barrister.

If you have a loved one who has lost their life and require support at an inquest or clinical negligence solicitors, please call our expert legal team at 01273 249200, or contact us at enquiries@deanwilson.co.uk.