Middlesbrough Borough Council v M & Ors

Middlesbrough Borough Council v M & Ors

The mother routinely fabricated and exaggerated A’s symptoms, provided false medical histories, and was aggressive and obstructive towards medical professionals, resulting in A undergoing unnecessary and harmful medical interventions, hospital admissions, and emotional and physical harm. The harm suffered was...

Source-derived case information.

Parties
Applicant: Middlesbrough Borough Council; First Respondent: M (Mother); Second Respondent: F (Father of C); Respondents (through Children’s Guardian): The Children (A, B, C)
Jurisdiction
England and Wales
Judgment Date
31 March 2023
Procedural Posture
Care Proceedings (child Protection) / Fact Finding Judgment
Outcome
Findings of fact made against the mother; threshold for significant harm met; no findings against the father; no criticism of medical professionals.
Legal Topics
Fabricated or Induced Illness (fii), Care Orders, Parental Neglect, Medical Harm, Welfare of the Child
Family Law Child Protection Fabricated or Induced Illness (fii) Care Orders Parental Neglect Medical Harm Welfare of the Child

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Summary, issues, holding and outcome

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Parties

Middlesbrough Borough Council

Applicant

M (Mother)

First Respondent

F (Father of C)

Second Respondent

The Children (A, B, C)

Respondents (through Children’s Guardian)

Procedural Posture

Care Proceedings (child Protection) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother fabricated or exaggerated the child’s medical symptoms resulting in unnecessary medical interventions and harm
  2. 2 Whether the mother’s conduct amounted to significant harm to the child under child protection law
  3. 3 Whether the father failed to protect the child from harm

Ratio Decidendi

The mother routinely fabricated and exaggerated A’s symptoms, provided false medical histories, and was aggressive and obstructive towards medical professionals, resulting in A undergoing unnecessary and harmful medical interventions, hospital admissions, and emotional and physical harm. The harm suffered was significant and attributable to the mother’s conduct, not to any underlying medical condition. There was no evidence of direct induction of illness, but the mother’s actions amounted to significant harm under child protection law. The father was not found to have failed to protect A. The actions of medical professionals were not subject to criticism as they acted appropriately on the...

Court Disposition

Findings of fact made against the mother; threshold for significant harm met; no findings against the father; no criticism of medical professionals.

Orders

  • A to remain in the care of the maternal grandfather and his wife under interim arrangements; all contact between mother and A to be supervised; further assessments ordered for welfare stage; directions for expert reports and review hearings.