Fractures

[Noname]

Hi
I would like some advice or maybe I just need some kind words to keep on going.

My baby was taken away when I've took her to a&e and they found her 5 fractures.
Now they just talk about 2 fractures.
Or contacts are really good and everyone says they can see how much we love her.
We have good relation with all staff including foster carer and sw
Judge decided to keep our parental responsibility and seems to know how cooperative we are.
We waiting for specialist report

Anyone on same situation?
Anyone that could prove they never hurt their child? Please share your outcome with me. I need some support this waiting time is killing me.

[QuestionMark]

Can you think of any other way they may have gotten these fractures?

[Suzie, FRG Adviser]

Hi
I would like some advice or maybe I just need some kind words to keep on going.

My baby was taken away when I've took her to a&e and they found her 5 fractures.
Now they just talk about 2 fractures.
Or contacts are really good and everyone says they can see how much we love her.
We have good relation with all staff including foster carer and sw
Judge decided to keep our parental responsibility and seems to know how cooperative we are.
We waiting for specialist report

Anyone on same situation?
Anyone that could prove they never hurt their child? Please share your outcome with me. I need some support this waiting time is killing me.

Dear Noname

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie, FRG's online adviser. I am sorry that we were not able to respond to you before now. I am also very sorry to hear that your baby daughter has sustained some fractures and there is a lack of clarity about what caused them. I understand that this is a very difficult and distressing time for you and your family.

You mention a judge so the case is in care proceedings. This should mean that you and your partner both have solicitors; I hope that you have managed to instruct childcare solicitors who have expertise in this type of complex case where there is a concern about possible non-accidental injury to a young child. If there are any criminal proceedings you would need a separate criminal lawyer.

You still have parental responsibility; so it may be that your baby is placed with a foster carer with your consent under a section 20 voluntary arrangement or perhaps you are sharing parental responsibility with the local authority under an rinterim care order – in such a case the local authority are the main decision-makers though.

It is very good to hear that you are working well with all the professionals including the social worker and the foster carer and that the time you spend with your baby daughter is so positive. That is important information for the court. Keep up your positive working relationships and positive contact with your child.

You ask if anyone has proven that they did not hurt their child. Parents who have been through a similar situation may be able to share their experiences with you and may have useful advice to offer. But be aware that your family's situation is unique to you and you should be accessing specific legal advice from your solicitor. The most important thing for you to do at the moment is to liaise closely with your solicitor about all of this as they are the only one who can give specific advice on your daughter’s case; they will be fully aware of the medical and other evidence including your understanding and knowledge of the situation and they will represent you in the court case.

You are waiting for a specialist report – I wonder if this is a medical report which may make matters clearer. Make sure that you fully understand the findings of this report and ask for full explanations. If you think further medical reports are needed discuss this urgently with your solicitor.

It is also worth noting that the burden of proof in family proceedings is on the ‘balance of probabilities’ which means that something is more likely than not to have happened. The burden of proof rests with the local authority – they have to prove that the threshold test is satisfied and to prove the facts that they rely on in support of their care plan.

You might find our information on care proceedings helpful.

Have your extended family been involved/assessed as potential carers for your daughter if that is appropriate at this stage? Try to make sure that the details of any potentially suitable family carers are made known to your solicitor and the social worker as soon as possible.

There is some specific information and practical advice and information about these sorts of situations on the following websites:

Child protection resource online/non-accidental injury
Child protection resource online/common concerns we hear from parents when the social worker tells me my child has been hurt
parents accused.co.uk/which expert

Do you have any emotional support for yourself at this time? It is important to look after yourself too. You can always contact your GP if you need specific support. Family Lives offer emotional support on any aspect of family life or difficulties parents are facing.

I hope this helps.

With best wishes

Suzie

[Noname]

Hi Suzie thanks for your reply

We had the report but is not clear that one of the fractures could been done at birth and two other could have happen by non accidental or even an accident

We don't have any help, and we are scared that they might use our pain against us in court so we decided to support each other and pray to help us keep on going

I would like to ask, some of our contact supervisor said they would be more than happy to speak on court about our relationship with our baby as they are so happy the way we keep her routine and how good is our contacts. Do you think this could help us?

We have solicitors but they always so busy.

Thanks Suzie for doing this, it's very helpful and it fees good to speak to someone that wants to help.

[Suzie, FRG Adviser]

Dear Noname

Thank you for your further post. I am sorry that there is still a lack of clarity about the cause of one of the fractures. The court will have to decide based on all the evidence.

I am sorry that you are feeling unsupported – do you know about Family Lives who offer support and advice to all parents including those whose children are not in their care.

The written notes that the contact supervisor makes when you are spending time with your child will be shared with the court as part of the evidence and you will be able to go through them with your solicitor too. It is good to hear that the contact supervisor is saying positive things about your relationship and the contact you have with your child. You would need to speak with your solicitor (I know that this is difficult and they are busy) about how this will be shared with the court.

Since you posted the Coronavirus (Covid 19) situation has rapidly developed and is likely to be impacting on you and your child in a number of different ways including in relation to contact. We have just published some new advice for parents and families with a child in the care system which I would recommend that you take a look at. This may help you to discuss the arrangements for you to keep in touch with and be reassured about your child at this time. We will regularly update this advice as new government or court guidance becomes available so please do check the website regularly.

You should also be aware that many court hearings will now happen remotely and I would encourage you to get in touch with your solicitor urgently about this to find out what to expect in your case.

Please do post again or contact our freephone advice helpline on 0808 8010366 (Mon to Fri, 9.30 am to 3.00 pm, except bank holidays) if you would like to speak with an adviser.

I know this is a very challenging time and there are lots of uncertainties. Take care.

With best wishes

Suzie