E (A Child), Re

E (A Child), Re

The mother, from around 2011, exaggerated and sometimes fabricated E's symptoms and behaviour, leading to unnecessary medical interventions, disruption to schooling, and emotional and physical harm. The threshold criteria under section 31(2) Children Act 1989 are met; E was suffering and is likely to suffer significant harm attributable to the mother's care not being what it would be reasonable to expect a parent to give.

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 Order Application / Fact Finding Judgment
Outcome
Threshold criteria met; case proceeds to welfare stage.
Legal Topics
Care Proceedings, Fabricated or Induced Illness (fii), Threshold Criteria, Significant Harm, Children Act 1989
Family Law Child Protection Care Proceedings Fabricated or Induced Illness (fii) Threshold Criteria Significant Harm Children Act 1989

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 Order Application / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 are met
  2. 2 Whether the mother exaggerated or fabricated E's symptoms and behaviour
  3. 3 Whether E suffered or is likely to suffer significant harm attributable to the mother's care

Ratio Decidendi

The mother, from around 2011, exaggerated and sometimes fabricated E's symptoms and behaviour, leading to unnecessary medical interventions, disruption to schooling, and emotional and physical harm. The threshold criteria under section 31(2) Children Act 1989 are met; E was suffering and is likely to suffer significant harm attributable to the mother's care not being what it would be reasonable to expect a parent to give.

Court Disposition

Threshold criteria met; case proceeds to welfare stage.

Orders

  • Case to be listed for further directions in week commencing 9th November.
  • Parties to agree identity of expert for further assessments.