Hounslow Council has won its appeal against a High Court ruling which awarded almost £100,000 in damages to a vulnerable couple who suffered physical and sexual abuse in their own flat by a gang of youths.
A top judge today ruled that despite the suffering the couple endured at the hands of four youths, Hounslow Council could not be blamed for what had happened.
At the initial High hearing last May, Judge Maddison said a lack of communication between council departments had led to the couple, who both have learning difficulties, being subjected to a weekend-long assault in late 2000.
The couple - referred to only as X and Y in court - were made to perform sex acts on each other, drink their own urine and eat the faeces of one of the gang members, who threatened to stab them if they did not comply.
The traumatic assaults were carried out at the couple’s council-owned flat, often witnessed by Y’s children, who are now in their teens.
A number of the assailants had been living in the flat for months before the attack after the couple tried to befriend them.
During last year’s hearing Judge Maddison said the council had acted "negligently" in its handling of the situation.
He said the council should have transferred the family to other housing and a social worker had written to the director of housing before the assault asking whether a "catastrophe" had to occur before it happened.
The couple were awarded £97,000 damages by the court.
However, the Master of the Rolls, Sir Anthony Clarke, today said the couple had made the mistake of being kind to the youths and overturned the ruling leaving the couple without a penny.
Hounslow Council today said it was pleased the judge had praised social worker Tajinder Hayre, who was responsible for the couple, ruling she was blameless in the incident.
A spokeswoman added: “This is an extremely sad case, and we have every sympathy for the claimants, who were subjected to an appalling ordeal.
"We are also pleased to note that the Court of Appeal praised the social worker involved for her 'impeccable behaviour'."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article