About two hundred and fifty cases a year are brought to Court where parents or carers are accused of “Non Accidental Head Injury” or shaking. Legal proceedings can be brought in both Criminal and Civil Courts. In addition to any criminal penalties, carers or parents may also have to become involved in “Care Proceedings” brought by the Local Authority. This will happen if the child concerned survives the injury or if there are other children in the family particularly those of similar age to the child injured.
The outcome of those Care Proceedings may result in the injured child not returning to their parent’s care and/or the remaining children in the family being removed.
There are what is commonly known as a “triad” of medical symptoms involved in these cases those being; subdural hematoma, retina haemorrhage and cerebral oedema. There are, in most cases, no visible sign of external trauma.
Following a number of high profile cases including an Appeal Court Judgment there has been increasing legal and medical controversy surrounding the diagnosis of inflicted head injury in children and in particular the triad of pathological findings that define “Shaken Baby Syndrome” (SBS).
One of these cases was the conviction of Angela Cannings for murdering her two baby sons. This conviction was overturned in 2003 leading to a review of two hundred and ninety seven cases. The Court of Appeal heard evidence that the three “tell tale signs” of Shaken Baby Syndrome-brain swelling, bleeding between skull and brain and bleeding in the retinas could also be caused by a difficult birth, genetic disorders vaccinations or falls from a low height.
Christine O’Brien who heads the Care Team at Martyn Prowel Solicitors has extensive experience in dealing with Shaken baby Syndrome cases including cases in the Court of Appeal. In one such case the Local Authority took Care Proceedings and removed the child from the parent’s care as a result of the child suffering what they believed was a Non Accidental Head Injury or Shaken Baby Syndrome. Ms O’Brien acted for the mother in this case. The parent’s explanation was however that the child, a toddler, fell from a low height onto a laminated floor. The child was examined by treating clinicians after the incident and was diagnosed with Shaken Baby Syndrome or Inflicted Head Injury. Mother was provided with a strong legal team in this case including a highly experienced junior Barrister and eminent Queen’s Counsel. The case involved the instruction of many highly respected experts, some International, in the field of Neurosurgery, Neuroradiology and Paediatrics. Ultimately the Judge believed the account given by the parents, that the child had fallen from a low height. The Judge in this case refreshingly took into account all of the circumstances of the case and found the parent’s evidence to be credible. The child was returned to the parent’s care the same day as the Judgment was handed down.
It is accepted that the Local Authority in these cases have a duty to investigate and must protect against risk until the investigative procedure is completed. Having said that it is important that any parent who is unfortunate enough to be involved in such a case obtains advice from a Solicitor who is prepared to challenge the medical evidence and to carry out a thorough legal investigation themselves so that they are protecting their client’s interest to the full.
If Care Proceedings are taken and you are a parent or person with Parental Responsibility of the child/children you would automatically be entitled to Legal Aid to pay for representation in your case.