Cat Rubens
@catrubens
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Senior Associate Solicitor in the Human Rights department @ Leigh Day, trustee @maxability2. Tweeting in a personal capacity. 👊⛰🌍
London, England
Joined October 2013
1. I don’t often tweet about my personal life, but on 1st November, my mum Jane was hit by a large vehicle as a pedestrian in St. Louis, USA. She suffered a severe brain injury & remains in a coma in hospital. Here's Jane & me in happier times.
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2. This thread is aimed squarely at my mum’s travel insurer, AXA, and their failure to take account of my mum’s best interests when considering repatriating her home to the UK. @axa @axainsurance @AxaUK.
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25. I'd be grateful if my followers / contacts in the areas of journalism, capacity law and disability rights could please re-tweet. [P.s if you've been in contact with me professionally over the past few weeks, this is the reason for my out of office. Thanks ❤️].
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5. This already hellish situation has been made immeasurably worse by the approach taken by @AXA, including refusing to take account of medical advice from neurologists that it is not in Jane’s best interests to fly at this stage of her injury.
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24. The purpose of this thread? To draw attention to the impossible position we have been put in, when acting on behalf of our mum who lacks capacity. Our key concern is that AXA have not done their due diligence & are not considering the neurological advice provided to them.
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3. My mum has had multiple brain surgeries in the past few weeks including a craniectomy to remove a piece of her skull. She now lacks capacity in all domains. I have power of attorney for her registered with @OPGScotland. I need to make decisions for her in her best interests.
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4. Here’s some recent photos of Jane (with her face covered). As you can imagine, the past few weeks have been hell for me and my family. We are out in America, trying our best to support her.
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10. AXA accepted that they do not have a neurology expert in their own medical team. They do not feel the need to consult with neurology specialists in the treating USA hospital, nor the Scottish hospital. We are talking about repatriating a severe brain injury patient here.
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6. We received advice from multiple neurology experts, including the neurosurgeon in the USA, that it would not be in her long-term best interests to fly her back to the UK at this acute stage of her injury. I provided this in writing to @AXA.
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8. AXA would not even allow us 24 hours for this decision. We told them we were due to speak to neurology in the USA on Monday 25 Nov about the repatriation timeline and risks re long term recovery. We asked for more time to give our decision. AXA said no.
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7. Despite this, AXA wrote to us this morning (24 Nov) to state that we had to agree to repatriate Jane this coming Wednesday 27 Nov or they would pull the cover for her medical expenses in the USA. They said we had to give them our agreement to repatriation by this afternoon.
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9. We had already spoken to the potential receiving hospital in Scotland. They confirmed to us that they had not received any of Jane’s scans or medical records. There has been zero contact between the treating hospital in the USA and the Scottish hospital.
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17. We have been shown zero empathy, customer care or reasonableness from AXA at one of the darkest times of our lives.
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Here's an update below from when I was on @GMB this morning. Thanks so much to everyone who has supported and reached out, as well as the well wishes towards Jane. She wouldn't believe it. I am so grateful to everyone who has shared. ❤️.
The family of a 73-year-old British woman in a coma in the U.S. say they were given a terrifying ultimatum by the holiday insurer covering her medical expenses. Jane Rubens was hit by an SUV in St Louis and has since undergone multiple operations on her brain. Jane's daughter
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11. We asked AXA for their procedure / protocol when there is a disagreement between the insured and the insurer about what is in the medical best interests of the patient, and whether it is safe for the patient to fly. The call handler said he could not provide us with that.
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20. The trauma doctor called AXA to explain the neurosurgery advice. The call handler at AXA refused to let the trauma doctor - Jane's treating clinician - speak to the AXA medical team.
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19. The neurosurgeon confirmed that what would be in Jane's best interests would be to fly her after the craniectomy has been reversed (e.g. the piece of skull reattached to her brain). That's 3 - 6 months down the line.
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12. The call handler accepted that we had not been provided with a plan for Jane’s repatriation, and that we were being asked to agree to a plan we had not seen. Despite this, he reiterated that we had to agree by this afternoon or no further medical expenses would be covered.
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13. We asked to speak to a manager at AXA. We were told no manager was available. We asked the call handler for a manager to call us back. He said that could not be arranged.
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18. We explained the problem to one of the trauma doctors at Jane's treating hospital in St. Louis this afternoon. He sought an urgent opinion from neurosurgery.
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15. We reiterated that Jane is very vulnerable & this is a very difficult decision, given the medical advice we have received. We explained how upsetting the situation already is for us; that we're exhausted and have been sleeping at the hospital. We asked for more time.
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23. Backed into a corner, we had no choice but to tell AXA we agree to their repatriation plan. We can't lose her medical cover, inc. the costs of returning her to the UK. We told AXA that their plan is contrary to medical advice & we think it is not in Jane's best interests.
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14. We asked to speak to an underwriter at AXA. The call handler said that was not allowed.
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21. The call handler at AXA told Jane's doctor they considered Jane fit to fly. They then told Jane's doctor that they wanted to fly Jane out tomorrow (25 Nov) - two days earlier than they had told us. They couldn't tell the doctor who Jane's receiving physician would be.
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22. AXA confirmed to Jane's trauma doctor that the family had to agree today or they would pull cover. The doctor said he would put the opinion in writing to AXA (which he kindly did). None of this changed AXA's position that we had to repatriate Jane tomorrow or lose cover.
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16. Again, AXA said no. The call handler said he could open a complaint, but this wouldn't affect the timescale in which we had to give our decision. [I know any complaint will take weeks to resolve].
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🧵Here's Ella & I outside with her judgment after the judge ruled there was “no doubt” that her account of rape and sexual assault by sex therapist Mike Lousada was true and awarded her over £200,000 in damage. As you can see, we're delighted!.But this has been a hard fight.
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Thrilled to report that my client Ella Janneh has fully won her civil claim against her former therapist Mike Lousada! More details to follow. @LeighDay_Law.@centreWJ @Sistah_Space.@DawnButlerBrent.@novareidoffic.@kelechnekoff .@TorButlerCole .@12KBW .
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Thank you so much to everyone who has reached out about Jane 🧡. I spoke to @BBCWomansHour today about the impact of AXA’s treatment of us while we are dealing with mum’s brain injury. Link below - I’m on at 34:40 👇 .
1. I don’t often tweet about my personal life, but on 1st November, my mum Jane was hit by a large vehicle as a pedestrian in St. Louis, USA. She suffered a severe brain injury & remains in a coma in hospital. Here's Jane & me in happier times.
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We were at the High Court yesterday where the Judge recorded declarations that our clients Ben and Claire’s human rights were breached. Full details below:.
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A short thread 🧵 about Samuel & Jacob's case, and the use of #restraint against children with autism, learning disabilities or #SEND. The parents Annie & Mark aren't on Twitter but want to raise as much awareness as possible.
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This is the shocking story of 'Bella', a 6 year old girl who was sexually assaulted in her primary school - @Andrew_Lord_88 brought her legal case to a successful conclusion. @EVAWuk re-iterate the clear message that girls have a right to be safe in school
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Here's Annie & Mark enjoying a very well deserved glass of wine after the Court hearing on Tuesday. They never stopped fighting, but it shouldn't be this hard for parents of autistic children to get answers & acknowledgement.
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The criminal case against 9 former staff at Whorlton Hall is underway in Middlesbrough this week. Whilst it's important to examine individual criminal behaviour, we must not forget the corporate responsibility of the companies that run & profit from abusive institutions.
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@IanMurrayMP my mum is your constituent. I’d be grateful if you could please take a look 🙏.
1. I don’t often tweet about my personal life, but on 1st November, my mum Jane was hit by a large vehicle as a pedestrian in St. Louis, USA. She suffered a severe brain injury & remains in a coma in hospital. Here's Jane & me in happier times.
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@DevonCC @DHSCgovuk 22/ And finally, here's Ben, now living in his own home with a supportive & consistent staff team. He isn't restrained or secluded. Things aren't perfect but Ben gets to do things he enjoys, joke with staff, have a pet he loves, and see & speak to his family when he wants.
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Great that staff at Whorlton Hall have been arrested. But this is not a case of 'a few bad apples'. It's an institutional problem that allows attitudes of contempt towards people with learning disabilities to breed, resulting in torture & abuse #panorama
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24. On a final, happy note, Samuel & Jacob are thriving at home. Samuel loves castles, Jacob loves painting. Their parents are looking forward to a break from the litigation, but are spurred on for campaigning. The family are grateful for all the interest in their case. / End.
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I should add that Ben's case wouldn't have been possibly without the tireless advocacy of his sister Emma (pictured in front of Court at the top of the thread). She was still a teenager when this happened to Ben, and she has never stopped fighting for accountability & justice.
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@HeadwayUK Not to mention all the people who tweeted, liked, commented and shared our story, as well as who wrote to me with their own experiences of travel insurers including @axainsurance . Thank you 🙏 . The support and community has held us up during a very difficult few weeks 🧡.
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25/ Ella’s result wouldn’t have been possible without the incredible advocacy and cross examination of Nina Ross, her barrister from @12KBW at trial. Nina worked night and day to prepare for Ella’s case against the tightest timetable I’ve ever seen. She’s amazing ⭐️.
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Pleased to speak to @bbcsoutheast about the experiences of my clients Sam & Jacob who were subjected to mechanical restraints at an autism specialist school. Story here from 1:17. . @ICARSBanRandS .@CBFdn .@PABSScot.
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2/ Full details of Ella's case in @LeighDay_Law press release: Ella brought her civil claim against after the police & CPS declined to prosecute her case. This isn't unusual: in 2021, only 5% of police reports of rape ended in the suspect being charged.
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A key difficulty in Sam & Jacob's case was the lack of records = impossible to know how often the restraints were used. There is no legal duty on schools to record & monitor the use of restraint, & report to families. Urgent legal reform needed from @educationgovuk.
Parents of twin brothers with severe autism have achieved a landmark success with a successful claim under the Human Rights Act for the use of mechanical restraint chairs against their sons. The family is represented by @catrubens
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I’m also so grateful to the support we have received from the brain injury charity @HeadwayUK who have been wonderful.
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22. Their parents are now calling for urgent legal reform by @educationgovuk to stop this happening to any other families. They're inspired by the work of @shakespeare_d in Northern Ireland (see her victory yesterday):
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The support my client Ella has received from @DawnButlerBrent @Sistah_Space and countless others has been phenomenal. They have sat through traumatic evidence in Court to be the eyes and the ears on the legal system: on the judge, the lawyers, the expert witnesses.
This has been one of the most traumatic court cases I have ever witnessed. Ella is so brave sharing her story. The details are harrowing and unbelievable. I'll be saying more on Monday and I'll be writing an article for the @MetroUK there's a lot that needs to change.
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17/ Ella has had so much support through this process from people who saw how important her case was. From her first ISVA Naintara Raana to her best friend Ruby. It truly takes a village. @Sistah_Space .@kelechnekoff .@GalopUK.
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18/ Ella said in her statement outside Court:.“We live in a culture of silence. In speaking out, I hope that others will know that they have a right to as well. I do this for everybody that comes after me. And I do this for young people [. ].
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3/ It is very satisfying that the Judge completely upheld Ella's account:.* Ella never expected any sexual activity to happen.* Lousada was fully aware of the panic attacks she suffered during sex.* Lousada told Ella to speak as her child self who had been sexually abused.
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20/ To say it has been a privilege to represent Ella in this fight is an understatement. She refuses to accept the system that denies justice to survivors, and closes its doors to marginalised people. We must all challenge stigma and demand change.
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24/ It's all been more than worth it though, to see Ella finally be validated by one part of the justice system, and for her to be able to speak out. I truly hope her case leads to change: in regulation, culture, attitude, and gives hope to other survivors.
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7. The school gave various justifications: health & safety; "therapeutic purposes"; for the benefit of the boys' participation. IMO the main reason was to control the boys' behaviour & make them sit in a learning environment that wasn't compatible with their autism & needs.
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Leigh Day press release with Ella’s reaction below. Counsel was the indomitable Nina Ross from @12KBW . #JusticeforElla.
A judge ruled there was “no doubt” that Ella Janneh's account of rape and sexual assault by sex therapist Mike Lousada was true and awarded her over £200,000 in damages. Ella is represented by @catrubens.
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@DevonCC @DHSCgovuk 20/ People with learning disabilities & their families have the same human rights as everyone else to be free from harm and abuse, & to have a family life. Whilst this settlement is a landmark, we know sadly that the breaches of human rights underpinning it are far from rare. .
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4/ In Court, Lousada said that one of the ways you heal trauma is to take the client into a parallel situation where they have agency so they can create "an alternative outcome". Ella's trauma was her grooming & CSA.
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5/ The therapy expert we instructed on the case, Rima Hawkins, explained that whilst a therapist might ask a client to visualise a past traumatic event, this would *never* involve the therapist physically recreating the event with the client.
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10/ Lousada said that Ella had libelled him by the crowdfunding page she launched to pay for her court fees and expert reports. The Judge ruled that “the damage to the defendant’s professional reputation has been entirely self-inflicted" as a result of his conduct towards Ella.
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1. We brought a civil & #HumanRightsAct case against Kent County Council for the use of mechanical restraint chairs against Samuel & Jacob while they were at a specialist primary school for autistic children, Five Acre Woods School.
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23/ I won't pretend the case didn't affect me - sleepless nights, nightmares, worries about what the outcome would be, tight deadlines. Vicarious trauma in the legal profession (and for ISVAs) is real and we need to look after ourselves too.
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7/ The Judge entirely rejected Lousada's account and found that he had an "unswerving belief in his ability to heal women through sexual practices” and that his “overwhelming self confidence” in his ability to “heal” women affected his perception of reality.
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13/ As a solicitor who regularly represents survivors of rape and abuse, the defence tactics in this case shocked me. Lousada - a therapist - objected to vulnerable witness measures for Ella.
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16/ Before now, she was under the risk of defamation and libel if she spoke out. These laws protect the powerful and silence victims and survivors. See the fantastic work of @thegeminiproj on this issue.
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19/ [. ] I want them to grow up without this shame hung around their necks. To know a pride for speaking out. In making my story public I challenge the constrictions of the perfect victim that keep us silent and denied justice when we do speak out.".
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12/ The Judge rejected that argument and said that Ella's aims were "laudable". He awarded Ella damages for Complex PTSD, loss of earnings, therapy costs and more.
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14/ He objected to the other victim of his practices, who gave a witness statement, from being anonymised in Court. He also objected to her vulnerable witness measures. This victim had never spoken fully to anyone apart from me. She was very nervous about giving evidence.
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@DevonCC @DHSCgovuk 18/ Claire & Emma really want to highlight how important the right to a family life is, and the devastating impact that can happen when the State fails to uphold that right. It was very important to them to bring Claire's Article 8 claim.
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@DevonCC @DHSCgovuk 19/ Family statement:. "When the system fails, it is people with learning disabilities and their families who pay a high price, with little or no accountability by those responsible- so the apologies & acknowledgement that breaches of human rights are important to us. .
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.@nazirafzal thinks we are facing a "tsunami" of abuse referrals and disclosures after the pandemic. Are we properly resourced to deal with this? Of course not. #FreedomFromAbuse.
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16/ The Human Rights claims were part of that. They are vindicated that the Court declared their rights were breached, & that the State bodies accepted this 👇
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2. Sam & Jacob were active, sensory seeking children who loved climbing, running around & being outside. They were non-verbal & struggled to communicate. Here they are out walking with their dad, Mark, at the time they attended the school (all photos used with permission).
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19. The LA admitted:.- Failed to get parental consent. - Breach of school's policy & national guidance.- Failure to consider less restrictive options.- Failure to keep records. In our view, the use of the chairs in this manner was unlawful & breached the twins' human rights.
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16. (Query how this type of restraint chair can ever be a "therapeutic device" for an autistic child with the sensory profile of Samuel or Jacob).
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3/ We brought claims under the Human Rights Act for Ben under Article 3 (prohibition of torture / inhuman treatment) & Article 8 (right to a family life). We also claimed for physical & psychological injuries caused to Ben. The case was against the LA & NHS commissioners.
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9/ Sidenote - Lousada argued in the claim that Ella had caused him financial loss, distress by bringing the civil claim, and that this had contributed to the breakdown of his marriage.
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5. Samuel & Jacob were restrained repeatedly in chairs like these in school. They were active, sensory seeking children who interpret the world, in part, through movement & touch. They needed to move around.
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Article from @BBCNews about Samuel, Jacob & the mechanical restraint chairs. As a reminder, the local authority made multiple admissions of liability and (finally) admitted it hadn't gained parental consent.
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15/ This case has been such a fight from start to finish. It has required thousands of hours of time, from Ella to the legal team, to get it over the line. Ella had to disclose her medical & therapy records, undergo psychiatric assessments.
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6/ Lousada then went on to sexually touch Ella, kissing her, digitally masturbating & penetrating her, then penetrating her with his penis, without a condom. Lousada said there was zero risk of pregnancy to Ella because he was physically incapable of producing pre-ejaculate.
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22/ The support means a lot too, as Ella's lawyer. These cases aren't easy. Lousada was self-representing for a period, so I had to deal with him directly & explain Court processes to him over the phone.
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8/ Rather than accept his own responsibility, the Judge noted that Mr Lousada had “sought to suggest that Ella was responsible for what took place".
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21. As a reminder, this is how little the boys were when the chairs were used:
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11/ Lousada argued that Ella was abusing the Court's processes by pursuing her case, because she wanted to protect others, not just seek financial reparations. [This kind of argument, if successful, has very serious costs consequences for a Claimant].
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@DevonCC @DHSCgovuk 21/ Ben is not the only person with learning disabilities, and we are not the only family, to have our human rights breached. We hope that other families can benefit from this outcome, to champion their own rights and challenge human rights breaches.".
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20. We will never know how often Sam & Jacob were subjected to the chairs. There is no legal duty on local authorities to record & collect data on the use of #restraint. See @EHRC inquiry last year: .
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6. Neither of the boys had any postural or core stability issues. There was no physical need for the chairs. Here's Jacob climbing a tree at home in the same time period, in school uniform:
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6/ The breaches of Ben's human rights included:. - A regime of cruelty at the care home, based on punishment .- Unnecessary & disproportionate restraint.- The use of a "quiet room".- Denial of visits with his family.
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13. Eventually, they instructed @LeighDay_Law to pursue claims under the #HumanRightsAct for Sam & Jacob. We argued the school had breached Articles 3, 5 & 8, and that the boys had been unlawfully deprived of their liberty.
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1/ Ben is a learning disabled & autistic man who is described by his family as loving, *very* funny, and sociable. He is very close to his family, including his mother Claire.
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12. The parents pursued complaints against the local authority & asked for records. The School / KCC have never been able to produce full Occupational Therapy reports / assessments recommending the chairs for Samuel & Jacob.
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