Mental health nurse unanimously acquitted of inflicting grievous bodily harm as result of restraint on patient

Laura Stockdale represented ZN, a mental health nurse, who had initiated a restraint on a patient in a ward for adult men with acute mental health conditions. A spiral fracture in the patient’s arm was diagnosed a day after the restraint, leading to ZN and another staff member each being charged with two offences: infliction of grievous bodily harm and ill-treatment by a carer. The patient subsequently died as a result of a separate incident on the ward.

ZN denied the restraint was unlawful, arguing it was necessary for the patient’s own protection as he attempted to enter the room of another patient on 221 observation levels for aggression to others. He also argued that the technique used was appropriate and his level of force not excessive. 

Following a 7-day trial at Isleworth Crown Court, ZN was unanimously acquitted by a jury in less than two hours. The trial involved significant legal argument, including multiple hearsay and non-defendant bad character applications. Experts in the use of force in healthcare settings were called by both prosecution and defence. The case also involved review of significant disclosure, including the patient records and material related to the NHS Trust’s internal investigation into the incident.

Laura Stockdale was instructed by Lloyds PR Solicitors.