Successful Outcome in Complex Care Proceedings Involving Serious Medical Allegations
We represented a client in complex care proceedings concerning two young children. The case involved serious and sensitive issues, requiring detailed consideration of medical, expert and welfare evidence over the course of the proceedings and the instruction of Leading and Junior Counsel.
Background
Proceedings were issued by the local authority following a medical emergency involving a child who was found to have sustained significant injuries. Expert medical evidence concluded that the injuries were non-accidental in nature. As a result, both parents were placed in the "pool of perpetrators", meaning the court was unable to determine which adult was responsible but found that the injury occurred whilst in parental care.
In parallel, concerns were raised regarding allegations of fabricated or induced illness (FII), including the extent to which one child's needs had been accurately reported to professionals.
Given the seriousness of the allegations, the children were cared for within the wider family during the proceedings. The case involved extensive expert evidence, including medical specialists and therapeutic assessments.
Our Client's Position
Our client remained fully engaged throughout what was a challenging and emtionally complex process. Although findingd were made by the court, our client:
Both children remain within their family network, providing continuity, stability and a strong sense of identity
Long-term arrangements were secured which promote the children's welfare while preserving family ties
A structued and meaningful contact plan was established, ensuring our client continues to play an important role in the children's lives
Importantly, the outcome avoided more intrusive options such as permanent seperation of the children from their family and possible adoption.
Why This Is a Successful Outcome
This was a complex case involving serious medical evidence and significant safeguarding concerns. In many cases of this nature, outcomes can result in children being permanently removed from their family.
Through careful case management and a constructive approach, we helped achieve an outcome that:
Keeps the children within their family environment
Maintains and promotes ongoing relationships between our client and the children
Provides a forward-looking plan with opportunities for progress
Recognises our client's engagement and willingness to work with professionals
Conclusion
Despite the difficulties raised within the proceedings, the final outcome reflects a balanced and measured approach, prioritising the children's welfare while preserving important family connections.
Our client was represented by Max Konarek, Partner and Joint Head of the Family & Childcare Department, assisted by Alison Barar.