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Following the passing of Mr Fleming, Brendan Fleming Limited continues to operate
Following the passing of Mr Fleming, Brendan Fleming Limited continues to operate
We represented a mother in care proceedings. A final judgment was made which we felt was legally flawed. On behalf of our client, we pursued an appeal to the Court of Appeal, then to Supreme Court and then to the European Court of Human Rights. Whilst we were unable to secure the outcome we sought, we fought with our client every step of the way.
In this case we represented a father accused of causing injury to his 8 week old child. The medical evidence (both treating and independent expert) concluded that the injuries to the child (bruising and metaphyseal fracture to the tibia) were concerning of non-accidental injury. Both allegations vehemently opposed by our client.
During an 8 day finding of fact hearing, the medical evidence was robustly tested. The expert paediatrician, in cross examination, accepted that he could not be as confident as he usually would have been, for a number of reasons, that the marks identified were in fact bruises. Further, the paediatrician concluded that the fracture could have been a birth fracture which had been re-fractured during a routine hip scan. Both conclusions were ultimately accepted by the Court. None of findings sought by the local authority were made by the Court and the child was immediately returned home to the care of his parents.
After nearly a two-and-a-half-year long battle, we were able to successfully challenge the local authority’s plan for placement orders in respect of the two subject children. Such proceedings were against the backdrop of the mother having previously had all of her older children removed from her care.
Since the conclusion of those proceedings, the mother has gone on to have another child without the local authority issuing Court proceedings.
Despite the local authority’s application for an interim care order in respect of the subject child, the Court was persuaded by the arguments made by Brendan Fleming Solicitors* that the legal threshold for public law orders had not been met. As such, the child remains in the care of her parents, subject to no order.
In private law proceedings, we represented a client who was the subject of a number of allegations made by a respondent mother. Following a fact find hearing, and after hearing evidence, the allegations were ultimately not found by the court and the matter concluded by way of a Child Arrangements Order providing for our client to spend time extensive with his children.
Despite having an extensive history of children’s service involvement, and have elder children removed from her care, we helped a mother secure the return of a new born baby to her care under a 12 month supervision order.
After lengthy contentious litigation following an application for a child arrangements order, we successfully secured a shared care arrangement for the subject child despite this initially be heavily opposed by the respondent.
We represented a minor, aged 17, who was invited to intervene in care proceedings concerning alleged non-accidental injury of an infant. Following a lengthy trial, the judge removed the 17 year old from the possible pool of perpetrators for the injuries, the local authority having not met the required standard that the injuries were caused by the client and finding that the perpetrator was the mother. As a result the client was able to continue with his life, without any further involvement in the proceedings.
Established in 1982, at Brendan Fleming Solicitors* we specialise in Family Law, offering our clients expert legal advice in both Public and Private Law matters, including Care Proceedings, Non-Accidental Injury, Divorce and Financial Remedy, Children’s Proceedings and issues with Social Services.
165 Newhall Street
St. Paul’s Square
Birmingham
B3 1SW
