[2025] UKUT 95 (AAC)

On 18/4/24 the Respondent sent a Final Decision letter to FKF setting out the Barring Decision [373-377].

FKF provided (undated) written representations in response to the Barring Decision [414-416].

The appellant’s evidence both in her written statements [ 2-8; 16-17, 34343- 349, 408-409 and 414-423] and in her oral evidence to the Tribunal focussed on the missing information that she said had not been before the Family Court and which she said would have shown that she was innocent of the finding that she had injured VFF and not sought medical attention. She maintained that the only doctor who examined VFF, Dr Fowler, was of the opinion that the injuries were self-inflicted; that there was blood test evidence which showed that his immune system was compromised and so he may have been susceptible to bruising; that he had haemorrhages/spotting around the eyes which accounted for the bruised eye; that not all the photographs were shown to the two other doctors who concluded the injuries were non-accidental and that the MRI scan showed no previous injuries . She also relied on both VFF and one of her other children KF saying that he had injured himself and the NSPCC report (350-355) which said VFF was enjoying living with his mum and she was handling the difficult parenting situation appropriately.

Taking these points in turn and examining where that evidence could be found and what it might show. FKF produced no further evidence other than the material she had sent to the DBS with her representations. So, we considered her oral evidence and the documents we had.

Dr Fowler examined VFF on his admission to hospital and it was noted on the enhanced DBS check that in the multi-agency strategy meeting on 5 January 2021 that she stated that VFF’s injuries may have been self-inflicted having witnessed his erratic self-presentation. Social services were also aware of previous self-harming behaviours [22]. However, when the matter was discussed with two other doctors the following day, 6th January, it was concluded that it was unlikely that the injuries were accidental. The record of Dr Fowler’s report to the multi-agency strategy meeting appears to be noted in the record of that [267-269]. It is not wholly clear as the names are redacted but there is firstly report of the severity of the injuries and a number of red flags indicating non accidental injury which appear to be from the examining Dr’s perspective. It is noted then that she also thought “it is possible he picked up a toy and hit himself” and ‘“She feels an open mind is required. [She] came away yesterday thinking there was no way he could have inflicted these injuries on himself, however then did more reading and wondered perhaps he could have picked up his toy and slammed it to the side of his face.”

We do not have any evidence of the further discussions between the medical professions but the Enhanced DBS check [22] stated ‘Dr Rekha Fowler discussed the child protection medical findings with two other medical professionals Dr Rajiv Mittal and Dr Sara Dubois. They concluded on 6 January 2021 that it was unlikely that the child’s multiple facial injuries were self-inflicted. The medical professional’s (sic) opinion was that the child’s injuries were non-accidental physical injury.’ It was not disputed that Dr Fowler was the only doctor who examined VFF and the other two doctors relied on photographs, the medical test which were carried out and the report of the examination by Dr Fowler. There was also a medical report prepared by a Paediatrician, Dr Birth who gave evidence in the Family Court proceedings [337]. FKF said that report was also just based on the medical evidence on not on first hand examination of VFF. That had concluded that the injuries were non-accidental.

FKF said in her evidence that there were some form of haemorrhages or spotting on VFF’s eyelids which she believed may have caused the bruising around his eye. She also said that his blood test results showed he had a tummy bug which meant he had a low immune system and so may have been more susceptible to bruising. There was no medical evidence which confirmed that. Dr Fowler had reported during the multi-agency meeting that ‘there was no suggestion from FKF that he (VFF) may bruise more easily [270].” The MRI scan which was done showed no evidence of previous injuries.

FKF had reported to her social worker, by text message [360], on 2 January 2021 that “we all have tummy bugs again even me today … so don’t think I’m going to send them to school till at least Wednesday…”. On 4 January she sent another message about another issue but there was no mention of any illness or of VFF’s injuries. FKF said that she did text her social worker about the injury to VFF’s face but the only copy of her text messages which she provided cut off after the social worker’s reply on 4th January asking if the children were off school that day.

In the multi-agency strategy meeting on 5th January [226-267] the social worker confirmed that she had had a text conversation on the 4th with FKF and it appears that she was told during that by FKF that VFF had a given himself a black eye on the Saturday night (2nd January) and that VFF had said he had hit himself with a toy. In the police interview on 8th January FKF [112] had said the injury had happened on the Sunday (3rd January) night and she noticed it on Monday morning (4th January). In evidence FKF could not explain why she had given different dates for when the injury occurred but thought she had got mixed up and was sure it was the Sunday night when the injury had occurred and she had noticed it on the Monday morning when she said she had texted the social worker to tell her both about the tummy bugs and the injury.

The social worker had carried out a visit on 4 January and had noted that VFF had not just a black eye but ‘substantial bruising’ over his face and that he had said he had hit himself with a monster truck toy.

VFF himself gave varying accounts of how the injury had occurred. In the Social Service strategy meeting on 5/1/21 to discuss VFF [267-269] it was reported VFF had said he had punched a toy and it hit him in the face which was a different account to his previously saying he had himself with a toy. In the police interview on 29 January 2021 [116-125] VFF said that he did not hit himself, that he did not know how he got the black eye, but he also said that he thought he got it by hurting himself and his mummy did not do it. He also said that his mummy sometimes strangled him and punched him, and she had told him to forget about the black eye.

FKF’s daughter, KF, then aged 5 was also interviewed by the police [126-128] and she said that she thought VFF had jumped off his bed but that was what her mummy had told her. FKF’s youngest child was too young to be interviewed.

The foster carer who had looked after VFF reported in their police interview [129-130] that VFF said he did not want to live with his mummy because she strangled him and was mean. And the foster carer who had looked after KF in their police interview [133-134] reported that KF had said that VFF had bumped himself when he jumped down the stairs. She also said that KF thought mummy was angry and upset at the time.

The police finalised the investigation with ‘No Further Action’ on 24th February 2021. Whilst accepting that the conclusion of the Child Protection medical was that the child’s injuries were non-accidental physical injuries, the police concluded there was no evidence that FKF was responsible for causing the injuries.

FKF had provided as evidence to the DBS a report which had been prepared by the NSPCC in May 2020 for a multi-agency meeting about the referral of VFF (then 6 years old) because of concerns about harmful sexual behaviour he had displayed. [350-355]. She pointed out the report confirmed she was handling the situation with the children appropriately and ensuring that they were always supervised and there were no concerns with her parenting. It also noted that VFF had made excellent progress at school with his behaviour since he had moved to living with FKF.