2020

Case History

Due to the confidential nature of Children Act proceedings I am unable to provide names of cases or full details. The below anonymised cases provide a snapshot of the work I have personally undertaken over the last twelve years. Where a case has been reported in the Law Reports the citation is given in bold. I represent mothers, fathers, grandparents and other carers (boyfriend etc) all over England and Wales from Manchester and Newcastle to the Midlands and South East.

Re S

A child with birth related injury and disability was later found to have rib fractures and proceedings were started.  It was shown that the child’s prematurity, along with a specific cocktail of drugs that he had been taking, had predisposed him to fracture with normal handling.  The local authority withdrew their application for a care order.

Re B

I represented a father in a case where a 1 year old child sustained a skull fracture and some intracranial bleeding.  It was eventually shown through expert evidence and a fact finding hearing that the child had had an accident and that the injuries were not inflicted.  The parents were cleared and the child returned home.

Re C (Children: Fact Find Medical Presentation) [2020] EWFC B1

These proceedings were issued following allegations of FII (Fabricated or Induced Illness).

https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWFC/OJ/2020/B1.html&query=(wollens)

Re B2

The parents were accused of inflicting a fracture to an older child’s collarbone.  My client, the father, was cleared of any wrongdoing.

Re F

A very young baby was found to have two skull fractures and some underlying intracranial haemorrhaging.  After obtaining additional expertise over and above the usual experts instructed in a case like this, it became clear that there was only one fracture and that this was where forceps would have been placed during the child’s birth.  Essentially, both parents were exonerated and the baby returned home.

Re H

Our client sought medical attention after an accident at home with the baby.  The baby had sustained a skull fracture but the injuries were deemed to be inconsistent with the explanation given.  Care proceedings were therefore issued.  Through the right expert instruction, we were able to demonstrate that in fact the accident was the most likely cause of the injury and the local authority withdrew their application for a care order.

Re K

This case involved the use of Resolutions work around risk management to reunite a family after findings of non-accidental injury.

Re C (No 2) (Children: Welfare) [2020] EWFC B36

A welfare judgment relating to two children, one of whom was at home, the other was in a residential unit with complex needs.

Re T

I represented a mother who was cleared of shaken baby syndrome and was able to care for her infant thereafter.

Re W

In this case, following expert instructions and a fact finding hearing, two fractures were found to have been caused unintentionally and the child returned to his parents.

Lancashire County Council v M & Ors (Covid-19 Adjournment Application) [2020] EWFC 43

This judgment gives guidance to care matters progressing during the pandemic and considerations for any adjournment.  The judgment can be read here: https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWFC/HCJ/2020/43.html&query=(wollens)

Re R

A young baby was found to have metaphyseal fractures to the lower legs.  Proceedings were issued in respect of two children.  Eventually, through careful cross examination, it was found that although the father had caused the fractures, it was not intentional.  Work was done with the family and the children returned home.

Re J

Two children were removed from their parents care after the infant was found to have retinal and subdural haemorrhaging.  In obtaining evidence in relation to the timing of any injury, we were able to clear our client (the mother) from the pool of perpetrators and have the children returned to her care whilst the case continued.

Re S (Fact Finding) [2020] EWFC 71

This is a very interesting case that focused on numerous fractures to a young child, most of which had not been picked up by any carer or professional involved until a skeletal survey took place.  After a very complex 8 week fact finding hearing (which took place entirely remotely) the parents were fully exonerated.

The full judgment for this case can be read here:

https://www.bailii.org/ew/cases/EWFC/HCJ/2020/71.html

Re W

I represented a mother who had sole care of her baby at the time he collapsed.  He was found to have intracranial haemorrhaging.  The court eventually found, following a fact finding hearing, that whilst the mother had caused the injuries to the child, it was in an attempt to help him after he had suffered an acute life threatening event, and was not due to any loss of control or frustration/anger.