Successful outcome in complex non-accidental injury case
We represented an intervener in care proceedings involving serious allegations of Non-Accidental Injury and Non-Accidental Head Injuries where a child had sustained significant harm, including a fracture, retinal haemorrhages, and a bleed to the brain. There were concurrent criminal investigations at the time of the Family Proceedings taking place.
Early in the proceedings, it was identified that our client was neurodivergent. Appropriate applications were made to secure the assistance of an intermediary from Communicourt. The intermediary played a vital role assisting our client during the Fact-Finding Hearing.
The Court considered the recent new case authorities around the instruction of intermediaries and decided that our client should receive full assistance throughout the fact-finding hearing without any limitations imposed. In doing so, it allowed our client to fully understand the case advanced against them, ensuring that they were, in turn, able to provide clear and concise instructions, preventing misunderstandings that might otherwise have compromised our client’s ability to present their case effectively.
Multiple experts were instructed, including a geneticist, ophthalmologist, paediatric radiologist, paediatric neurosurgeon, paediatric haematologist, psychologist, and paediatrician.
A separate Fact-Finding Hearing was listed where the court considered the allegations of harm. Given the complexity of the case, the hearing was listed for over three weeks. The case concluded with the Court finding that our client had not caused any of the injuries he was accused of. This was a significant outcome, as any adverse findings would have had serious implications for their future involvement with children and could have increased the risk of criminal prosecution by the police.
Our client was represented by Max Konarek, Partner and Joint Head of the Family & Childcare Department at GT Stewart, assisted by Alison Barar, Caseworker from our Kent team. Max instructed Nick Goodwin KC of Harcourt Chambers and Stephen Chippeck of 5 Kings Bench Walk on this case.