A Practical Guide to Factitious Illness in Care Proceedings

A focused practical guide for advocates dealing with cases that involve FII, providing an understanding of the different definitions and terms. Helpful advice and guidance in how to draft thresholds with emphasis on the case law and how the complex and case specific issues that arise in such cases can be dealt with and managed, alongside analysis of the pitfalls and areas of difficulties that also can arise.

ABOUT THE AUTHOR

Sharan Bhachu is a family law practitioner, whose practice has a particular emphasis on child protection work. She is regularly instructed on behalf of parents, local authorities and children's guardians and has developed a reputation for being straightforward and forthright. Sharan's experience in public law is extensive, ranging from emergency protection orders to secure accommodation orders and discharging care orders. Similarly, her experience in private law is also wide-ranging and includes declarations of parentage and all aspects of abduction, Hague and non-Hague Convention related and Forced Marriage.

Sharan has considerable experience in allegations of sexual abuse, physical domestic violence and non-accidental injury cases, including where the injuries were caused by rare genetic mutations, and has often represented interveners in such cases. She has experience in cross-examining a wide range of experts, including medical experts, and is also experienced in cases involving transgender and cultural issues and factitious illness. She has particular experience in complex matters involving the forensic analysis of often disputed expert evidence.

CONTENTS

Chapter One - Defining Factitious Illness Disorders

Introduction

Medically unexplained symptoms (MUS)

Perplexing presentations

Other factitious disorders

- Malingering

- Somatic symptom disorders (SSD)

Summary

Chapter Two - How Do FII Cases Fit Within Care Proceedings: Pre-Proceedings

Perplexing Presentations (PP) / Fabricated or Induced Illness (FII) in Children RCPCH Guidance

- Alerting signs

- Health and Education Rehabilitation Plans

- Responsible Consultant and Named and Designated professionals

- Record keeping and Chronologies

Safeguarding Children in whom illness is fabricated or induced' - The 2008 Guidance

Summary

Chapter Three - Threshold and Fact-Finding

Recognition of which type of FII is involved

Preparation of the papers

Pleading of thresholds and schedule of findings

Further legal considerations

Covert Recordings

- Recordings by parents/carers

- Covert Video Surveillance

- Intimate Images

Expert assessment

Summary

Chapter Four - Post-Fact Finding

Harm to children

What now?

Summary

Conclusion