Court Report: Mother challenges medical ruling

M, a mother, appealed the findings of fact regarding the death of two of her children. The local authority’s case was that the children’s deaths had resulted from induced illness.

A consultant geneticist found that both children had carried a gene variant. Medical expert Dr. Martin expressed his view that the resulting risk of cardiac arrest was 10 percent or less. Medical expert Professor Fleming recommended that sitting judge HHJ Dowse ought not to ignore the possibility that the gene variant may one day be shown to be a possible factor leading to serious illness or death. HHJ Dowse found Dr. Martin’s evidence more compelling, and found that the local authority had shown, on the balance of probabilities, that cardiac-related issues could be ruled out as a cause of death.

M appealed. She held that HHJ Dowse was incorrect in his preference of the evidence of Dr. Martin, and in his rejection of cardiac-related issues as a possible cause of death. She also argued that the judge was incorrect as to their conclusiveness regarding whether M had deliberately harmed the children. M also argued that HHJ Dowse had ignored evidence which was capable of eliminating deliberate harm as the cause of death.

The Court of Appeal held that HHJ Dowse had fully understood the medical evidence and had provided adequate reasoning for preferring Dr. Martin’s. The appeal was dismissed.

• Read the judgment in full