Successful Outcome in Care Proceedings Involving Complex Medical Evidence
We represented our client in care proceedings concerning serious allegations of non-accidental injury to a young child. The case involved complex medical evidence and a number of disputed factual issues.
Background
The Local Authority issued proceedings following the child’s presentation to hospital with significant injuries, including oral injuries and a suspected healing rib fracture. Concerns were raised as to whether these injuries were inflicted and whether there had been failures in care.
The Issues
The allegations included:
That the child had sustained a non-accidental rib fracture;
That there had been a failure to seek appropriate medical attention;
That there was a pattern of inadequate supervision leading to injury;
Concerns regarding conflict within the family.
Expert evidence from a paediatrician and a radiologist formed a central part of the case, although the medical conclusions were not definitive.
The Fact-Finding Hearing
Following a multi-day fact-finding hearing, the court made limited findings:
The alleged non-accidental rib fracture was not proved;
The alleged failure to seek medical treatment was not proved;
Allegations of domestic abuse were not proved;
Findings were limited to issues of supervision.
The most serious allegations were therefore rejected by the court.
The Outcome
Following the judgment, the Local Authority reconsidered its position. The proceedings concluded with a positive outcome for our client:
The Local Authority’s application for a supervision order was dismissed;
No ongoing court orders were made;
The proceedings were brought to an end without the need for a final hearing.
Our client was represented by Joint Head of the Family & Childcare Department, Max Konarek, assisted by Solicitor Apprentice, Kristin Sharp and Caseworker, Alison Barar.
Conclusion
This case highlights the importance of careful scrutiny of expert medical evidence and robustly challenging serious allegations. Despite the severity of the concerns at the outset, the court found that the most serious allegations were not made out, and the case concluded without any orders being imposed.
A thorough and proactive approach ensured a successful outcome for our client and avoided unnecessary long-term intervention.