E (A Child), Re [2020] EWFC 73 (19 November 2020)

E (A Child), Re [2020] EWFC 73 (19 November 2020)

The court found that, while E suffered genuine early medical issues, the mother developed a pattern of exaggerating and sometimes fabricating E's symptoms and behaviour from around 2011 onwards. This led to unnecessary medical interventions, equipment, and disruption to E's life. The threshold for significant harm attributable to the mother's care was met, justifying the making of a care order.

Citation
[2020] EWFC 73
Parties
Applicant: A Local Authority; 1st Respondent: J; 2nd Respondent: D; 3rd Respondent: E (a child acting through her guardian, Jan Lech)
Jurisdiction
England and Wales
Judgment Date
19 November 2020
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Threshold for significant harm met; care order justified.
Legal Topics
Care Orders, Fabricated or Induced Illness (fii), Threshold Criteria, Fact Finding, Emotional Harm, Physical Harm
Family Law Child Protection Care Orders Fabricated or Induced Illness (fii) Threshold Criteria Fact Finding Emotional Harm Physical Harm

Case Brief

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Parties

A Local Authority

Applicant

J

1st Respondent

D

2nd Respondent

E (a child acting through her guardian, Jan Lech)

3rd Respondent

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother exaggerated or fabricated E's medical symptoms and disabilities
  2. 2 Whether E suffered or was likely to suffer significant harm attributable to the care given by her mother
  3. 3 Whether the threshold for making a care order is met

Ratio Decidendi

The court found that, while E suffered genuine early medical issues, the mother developed a pattern of exaggerating and sometimes fabricating E's symptoms and behaviour from around 2011 onwards. This led to unnecessary medical interventions, equipment, and disruption to E's life. The threshold for significant harm attributable to the mother's care was met, justifying the making of a care order.

Court Disposition

Threshold for significant harm met; care order justified.

Orders

  • Care order granted in respect of E.
  • E to remain living with her aunt and uncle.