When family courts are asked to decide whether a child has suffered harm, paediatric evidence often plays a pivotal role. Doctors may be called to explain whether injuries are accidental or non-accidental, or to rule out underlying medical conditions that could account for a child's presentation.
But, what happens if that evidence is incomplete, mistaken, or relied upon too heavily? This is where human rights protections become essential to safeguarding families.
Our Leeds based child care legal director Sarah Peart explains your rights and what you can do to challenge wrongful decisions.
Your Human Rights in Care Proceedings
Right to a Fair Trial (Article 6):
Every parent has the right to challenge the evidence presented against them in care proceedings. This includes the right to cross-examine expert witnesses or to seek the court's permission to instruct another professional for an independent opinion. Parents are not powerless in the face of medical evidence; the court must ensure they have a fair opportunity to test and question it.
Right to Family Life (Article 8):
Decisions about removing a child from their parents must balance protecting the child with respecting the family unit. The European Convention on Human Rights recognises the importance of family life and protects it from interference except where strictly necessary. When medical evidence is disputed, the courts must take particular care to ensure any separation is proportionate and justified.
How Courts Approach Medical Evidence
Parents often worry that the opinion of one doctor might decide the case against them. In reality, judges are expected to consider all the evidence, not just one report in isolation. Paediatric reports are important, but they are only one piece of the puzzle alongside parents' accounts, social work assessments and other relevant information.
If medical evidence is challenged - whether due to accuracy, methodology or conflicting expert opinions - the court has a duty to weigh all the facts carefully before making any decision, particularly where findings are complex or alternative explanations exist.
The Importance of Expert Legal Representation
If you are involved in care proceedings where medical evidence is being used, it is vital to have a legal team experienced in testing that evidence and protecting your rights under Articles 6 and 8. This may include:
- Scrutinising medical reports for errors or omissions
- Instructing an independent expert for a second opinion
- Cross-examining the local authority's medical witnesses
- Ensuring the court considers every possible explanation before reaching conclusions
- Arguing for outcomes that are proportionate and respect family life
At Duncan Lewis, our Family Law team in Leeds and across Yorkshire has extensive experience in care proceedings involving complex medical evidence. We understand how daunting these cases can be and are committed to ensuring every parent's voice is heard.
Get Expert Legal Advice
Care proceedings are among the most serious challenges a family can face. If you are concerned about how medical evidence is being used in your case, or need advice about your rights, please do not hesitate to reach out.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
