BR & Ors (Three Families: Fabricated or Induced Illness: Findings of Fact)
[2023] EWFC 326
N (Children: Fact Finding - Perplexing Presentation/Fabricated or Induced Illness), Re
11 October 2024
[2024] EWFC 326
Family Court
A mom is accused of making her kids seem sick to get attention and medical care. A judge listened to a lot of evidence and agreed, finding she gave them drugs they didn't need, took their blood secretly, and lied to doctors. The kids are now doing better without her.
Key Facts
- •Two young children (A and B) were removed from their parents' care on 27 May 2022 due to allegations of fabricated or induced illness (FII).
- •The mother is alleged to have covertly administered sedative drugs (morphine, chlorphenamine, trimethoprim) to B and siphoned blood from her.
- •The mother is also accused of fabricating or exaggerating the children's respiratory and gastric symptoms, leading to unnecessary medical interventions.
- •The mother is alleged to have manipulated medical professionals, playing them against each other and seeking transfers between hospitals.
- •A lead Consultant Paediatrician, Dr K, is also criticised for crossing professional boundaries with the mother and failing to adequately address safeguarding concerns.
Legal Principles
The party seeking to rely on a relevant disputed fact must prove that fact on the balance of probabilities.
General principle of law in civil and family proceedings
Guiding principles for fact-finding hearings, summarised in Re JS [2012] EWHC 1370 (Fam) and Lancashire County Council v C, M and F [2014] EWFC 3.
Re JS [2012] EWHC 1370 (Fam); Lancashire County Council v C, M and F [2014] EWFC 3
In FII cases, the court must assess all evidence, including medical evidence, carer credibility, contemporaneous notes, and circumstantial evidence.
Re B [2002] EWHC 20; Re T [2004] 2 FLR 838
Guidance on the treatment of lies and dishonesty in family cases, as outlined in Re A, B and C (Children) [2021] EWCA Civ 45.
Re A, B and C (Children) [2021] EWCA Civ 45
The court is not bound by the local authority's schedule of findings and can make such findings as are relevant and supported by evidence.
Re A (A child) [2016] 1 FLR 1
Outcomes
The court found that the children were suffering significant harm attributable to their parents' care.
Overwhelming evidence supported allegations of the mother's covert administration of sedatives to B, blood siphoning, fabrication/exaggeration of symptoms, and manipulation of professionals. The children's conditions resolved after removal from parental care.
Specific findings of fact against the mother were made, including covert administration of sedatives, blood siphoning, fabrication/exaggeration of respiratory and gastric symptoms, and manipulation of professionals.
Detailed analysis of medical records, expert testimony, and witness statements supported the allegations.
Findings of fact were made against Dr K for crossing professional boundaries with the mother and failing to adequately address safeguarding concerns.
Dr K's close relationship with the mother impaired her objectivity and hindered the detection of FII.