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More interesting cases re Fractures and Metaphyseal Fractures

I had two more interesting cases today and yesterday. Both related to where a baby had a broken bone at an early age (under 3 months). A full skeletal survey was then done (which involves about 19 x-rays). Various vague fractures were then diagnosed. In one case after about 6 months of traumatic experiences the court sensibly decided that actually there was no evidence of the parents having done any damage - although there is evidence that the radiologist has done some damage.

The other case is continuing.

What one of the cases shows it that many social workers don't understand how the courts perceive "balance of probabilities". There is a robust approach based upon most fractures being caused by abuse that means that social workers press to take the children into care.

Actually without other evidence a simple fracture is not enough to warrant taking a child out of its family. These things do happen accidentially. Furthermore some questions do need to be asked about the merits of a skeletal survey if it involves that much exposure to high power electromagnetic radiation.

The problem with all of this is that it remains anecdotal. Across the country people are acting in ways that cause massive problems for children and families theoretically in the interest of the child. The case that turned out well probably involved spending over £50,000 on experts, lawyers and professional time if not more. The outcome has been zilch.

I hope to have the permission of the parents in the first case to tell more of their story. However, it is quite clear that the system is going badly wrong across the country.

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

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