02 May Re W
In this case we represented a mother. The mother was found in initial care proceedings to have non accidentally caused bruising to her son alongside that of the father. Findings of neglect and domestic violence were also made by the Court. At the end of the initial proceedings the child was placed within family under a Special Guardianship Order. The parents were still facing criminal charges. The medical experts within the family proceedings was approached in the criminal proceedings. His view changed. He went from being of the view that the child had sustained non accidental injuries to now being of the view that the bruises could all have been explained accidentally as a result of the child’s behaviour. Other experts for the defence agreed with this view. The medical experts believed that a finding of non accidental injury should be reconsidered. An application was made on behalf of the mother to re-open the finding of fact element of the case. This was opposed by the Court. Leave was given by the Court to re-open the case as the medical expert remained of the view that the injuries could have been explained as being caused accidentally. A further Paediatrician was instructed in the proceedings who was of the view that the injuries could have been caused accidentally. The findings of non accidental injury was set aside by the Court. The child remains in the care of the family.