A living nightmare

[bear1607]

Hello all.

I'm hoping other users on this forum can offer any advice or share experiences similar to the abhorrent situation my partner and I find ourselves in.

The story, in short, goes as follows:

On 3rd October 2018 we took our 12 week old daughter to hospital after noticing reduced movement in her left arm the previous evening. At first we thought she may have simply had a dead arm however as the problem had not resolved itself overnight we thought (as responsible parents) that we'd seek medical attention.

We went to hospital where after multiple xrays and being examined by multiple doctors, mainly paeditricians and orthopaedic consultants, that there MIGHT be a fracture to the left clavicle (collar bone).

Understandably, social services and police were informed due to the fracture in an immobile infant.

At this point it is necessary to state with conviction that neither my partner or I have caused these injuries knowingly or maliciously, and we cannot think of any incident where they could have been caused accidentally.

Fast forward to now, where upon a series of xrays, CT scans and tests the fracture to the clavicle is confirmed alongside two 'abnormalities/fractures' to the left ribs.

Daughter is under s.20 accommodation with grandmother and all contact must be supervised.

In view of this, SS have stated that they will be starting care proceedings against my partner and I.

In short, I'm asking if anyone has found themselves in a similar situation where their child is at risk of being separated from parents due to a 'non-accidental injury' (a contradiction within a phrase but I digress) that cannot be explained? What is the likelihood, if any, of getting our daughter back?

For background info we are not married, pregnancy was unplanned but wanted, there are no issues identified with the family home, there is a strong family behind our daughter and she is otherwise a happy health little girl.

I'm just hoping this nightmare can come to an end and I can return to being a parent again, building a family life full of happy memories.

Thanks in advance for any advice/guidance/words of support.

[Miserylovescompany2]

Hello

I have no personal experience of what you are currently going through. My first thoughts were how straight forward was the birth? Is there a history within either side of the family with bones that break easily because if so let your legal representatives know forthwith! Any other genetic disorders? If a family member suspects they may have a underlying condition make sure they get tested.

Also seek out independent opinions from expert consultants in this field - You will have a limited time to do so.

There are similar cases which you will be able to access by Googling the specifics - you will be able to read the past cases and their subsequent ruling. Parents go to extraordinary lengths to prove their innocence whilst against the clock...

Because in the worse case scenario whomever has had unsupervised contact with the infant could be left within a pool of perpetrators.

I hope you find answers. My thoughts are with you. I have been through the court process myself and it is brutal!

I am sure Suzie (the FRG adviser) will give you professional advice shortly.

[Suzie, FRG Adviser]

Dear bear1607

Welcome to the parents’ discussion forum and thank you for your post

My name is Suzie, online adviser at Family Rights Group.

I am sorry that you find yourself in what you describe as a ‘nightmare’ situation following your 12 week old daughter being found to have injuries which are described as ‘non accidental’.

In your post it states that neither you or your partner were able to provide any explanations in respect of how your daughter was handled which could account for the injuries found after investigations carried out. I ask this because sometimes explanations can be accepted or, if not, then the injuries are likely to be considered non accidental. Was your daughter in the care of anyone other than yourself and her father? I ask, as this would mean, that all persons with whom she came into contact could be considered as responsible along with both of you, although I understand that you say neither of you know how the injuries happened. The other question is whether either of you had care of her independently of the other for a period of time. All this will be important in trying to find out how your daughter could have sustained the injuries.

There is reference in your post to the fact that your daughter was seen by a number of different doctors and had ‘multiple x-rays’. I am not sure if you think any of this could be responsible for your daughter’s injuries.

In some cases children’s services carry out child protection investigations before going to court but it appears this is not what is intended in this case because of their concerns. This advice sheet Child protection procedures explains in more detail.

As the hospital has indicated that the injuries are non-accidental, children’s services will be concerned that your daughter has suffered harm and likely to suffer significant harm in the future. Children’s services may the court to, initially, make an interim care order which would mean they share parental responsibility with you and your partner if he also has parental responsibility. He would have parental responsibility if he is named on your daughter’s birth certificate.

Once proceedings have been started it normally takes 26 weeks for the case to conclude. This period can be extended in some cases and this is the decision of the court. Before the court can make a final care order the judge has to be satisfied that the case meets the threshold criteria. Please read our advice sheet Care (and related) proceedings . As mentioned in one of the responses to your post, there is likely to be a fact finding hearing to establish who might have been responsible for your daughter’s injuries. The pool of perpetrators would include you both and anyone else who had care of your daughter during the period for which the fractures are aged.

Both you and your partner would be entitled to legal aid as there is not means or merits test for parents in care proceedings. The likelihood is you will be represented separately by your respective lawyers.

You ask whether there is any possibility your daughter will return to your care. There are occasions when a child who has suffered injuries can return home but it depends on the circumstances of the case. The judge will make a decision based on the evidence presented as well as oral evidence at the final hearing. I do not think it is possible to give a yes or no answer as there is a lot that has to be investigated including whether your daughter has an underlying condition that would cause her to have fractures to her bones.

If you daughter is not able to return to your care, it is possible for a member of your family and that of the father to be assessed as possible long term carer for your daughter and this is something that you should consider.

This is a very difficult situation to find your family in at the moment. However, it is important that you both work as openly and honestly as you can with children’s services for the best outcome for your family.

Should you wish to speak to an adviser, you can telephone our free confidential advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday.

I hope this is helpful.

Best wishes

Suzie

[Kushymama]

Hello,

I fount myself at the beggening of this year in the exact same situation. I brought my 12 month old son to hospital because he was crying when I touched his left arm after an x Ray they discovered a fracture which I or his dad has no knowledge of where it had come from. Just some advice that it is going to be a very long hard road but you have to fight for your child and if you know deep in your heart that you and your partner would never of hurt your child than stand your ground. Local authority issued care proceedings and experts where required to give their opinion on my sons injury I was supposed to have a fact finding hearing the beginning of October but luckily the experts report came back and determined my sons injury was an accident most likely cause to be a fall which after doing a lot of reasearch on the fracture myself I put this forward as a possible cause. I have been separated from my son for 6 months and have had to see him in a contact centre supervised and it has been the hardest thing I have ever had to go though but I am in the transition period of my son being returned to my care and he will be fully in my care on Monday. Even though now it feels like the world is falling apart it will work itself out if they’re is a explanation for the injuries that the experts can decide. Do a lot of reasearch into the type of fracture your child has sustained and all the different mechanisms, have your child checked for any abnormalities such as their Vitimain d level or any bone abnormalities are their any abnormalities in your or your partners family. Has anyone else been alone with your child? You need to get a solicitor who specialises in non accidental injury. From now you need to think about the time leading up to your child being taken to hospital and try to account for every hour check bank statements, phone calls, texts as you will have to write a statement to the court to help assist the experts the more information you have the better you will be able to assist them. Good luck and I hope it works out for you, be strong! X