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Care proceedings excluded from review of expert witness cases

Posted: 29 January 2004 | Subscribe Online


Solicitor general Harriet Harman has backtracked over plans to review civil care proceedings where parents have had their children removed because they were considered to be at risk.

Last week attorney general Lord Goldsmith ordered a review of the 258 criminal cases where women have been convicted of killing their babies over the past decade (news, page 6, 22 January).

The review was prompted by the cases of Angela Cannings and Sally Clark. Both were convicted of killing their children but had their sentences quashed last year amid concerns about the reliability of evidence from paediatrician Sir Roy Meadow.
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Harman went on to tell the House of Commons that the government would "ensure not only that injustices in the criminal justice system, but that any potential injustices in care proceedings, are identified and acted on".

But a spokesperson at the attorney general's office said this week that there had been a "misunderstanding" and the attorney general's review was "limited to criminal cases".

However, the Department for Education and Skills is still considering whether the judgement has implications for civil cases, and could yet announce a review of them too.

Despite claims by children's minister Margaret Hodge last week that any review of civil cases involving expert witnesses could run into "thousands or even tens of thousands" of cases, Association of Directors of Social Services president Andrew Cozens predicted that it would involve "hundreds rather than thousands" as only cases that hinged on the view of an expert witness would be affected.
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Andrew Webb, head of children's services at Cheshire Council and a member of the government's 2001 inquiry into induced or fabricated illness in children stressed that, although Meadow had given expert evidence in cases including Cannings' and Clark's, there was no suggestion in either case that the children had died as a result of induced or fabricated illnesses or any link to his theory of Munchausen's syndrome by proxy.

Meanwhile, following Goldsmith's announcement, ministers in Scotland have asked executive officials to establish whether there might be similar cases in Scotland.

The Scottish Children's Reporter Administration has begun an internal review of cases involving MSBP, related infant deaths and conflicting expert evidence.

l See Behind the Headlines, page 22


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