Re SK (Perplexing Presentation/Fabricated or Induced illness)

Re SK (Perplexing Presentation/Fabricated or Induced illness)

Save for the emotional harm caused by the mother’s decision to purchase and use a wheelchair for B (and the father’s failure to challenge this), the local authority failed to prove that the mother’s conduct caused or was likely to cause B and C significant harm attributable to unreasonable parenting. The threshold under s.31(2) Children Act 1989 was crossed only in respect of the wheelchair incident and the agreed findings relating to A. All other allegations of fabricated or induced illness, exaggeration, or over-medicalisation were not substantiated to the requisite standard.

Parties
Applicant: [Local Authority]; First Respondent: Mother; Second Respondent: Father; Third Respondent: B (child); Fourth Respondent: C (child)
Jurisdiction
England and Wales
Judgment Date
21 September 2022
Procedural Posture
Care Proceedings (public Law, Children) / Fact Finding Judgment
Outcome
Threshold met in part; findings made only in respect of emotional harm from wheelchair incident and agreed findings relating to A; all other allegations dismissed.
Legal Topics
Care Orders, Significant Harm, Fabricated or Induced Illness (fii), Perplexing Presentation (pp), Parental Responsibility, Section 31 Children Act 1989
Family Law Child Protection Care Orders Significant Harm Fabricated or Induced Illness (fii) Perplexing Presentation (pp) Parental Responsibility Section 31 Children Act 1989

Case Brief

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Parties

[Local Authority]

Applicant

Mother

First Respondent

Father

Second Respondent

B (child)

Third Respondent

C (child)

Fourth Respondent

Procedural Posture

Care Proceedings (public Law, Children) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31(2) Children Act 1989 are met for B and C
  2. 2 Whether the mother fabricated or exaggerated the children’s medical conditions (PP/FII)
  3. 3 Whether the children suffered significant harm attributable to the care given by the mother

Ratio Decidendi

Save for the emotional harm caused by the mother’s decision to purchase and use a wheelchair for B (and the father’s failure to challenge this), the local authority failed to prove that the mother’s conduct caused or was likely to cause B and C significant harm attributable to unreasonable parenting. The threshold under s.31(2) Children Act 1989 was crossed only in respect of the wheelchair incident and the agreed findings relating to A. All other allegations of fabricated or induced illness, exaggeration, or over-medicalisation were not substantiated to the requisite standard.

Court Disposition

Threshold met in part; findings made only in respect of emotional harm from wheelchair incident and agreed findings relating to A; all other allegations dismissed.

Orders

  • No care or supervision order made in respect of B and C on the facts found.
  • Findings of significant emotional harm to B and C from wheelchair incident; threshold crossed only in this respect.