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Keeping care proceedings fair

02 August 2024 / Max Konarek
Issue: 8082 / Categories: Opinion , Child law , Health , Personal injury , Criminal
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The Suspected Inflicted Head Injury Service could be in breach of Art 6 & 8 rights, argues Max Konarek
  • Family lawyers have raised serious concerns about the Suspected Inflicted Head Injury Service (SIHIS), which is already being piloted.
  • This article argues the service may be in breach of parties’ Art 6 and 8 rights in care proceedings, and that it needs more consultation and transparency.

Picture the scenario: pre fact-finding hearing in care proceedings, your client is alleged to have caused serious harm to a child. That harm includes what is said to be a non-accidental head injury—all medical experts instructed in your case are against your client in the reports they have written. No wiggle room arises from the experts’ meeting that has taken place. If anything, the experts’ views have solidified further against your client. Many would say: ‘Game over. The outcome is inevitable.’ I would say everything is to play for. But why?

The cross examination of medical experts in these cases by specialist and highly

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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