blog piece
snappyj
"I have been reading with growing alarm about the case of Fran Lyons
on her website Asking for a Chance and in the press (see this Daily
Mail article . I have to say I rarely like to get drawn into this sort
of debate as usually you can only hear one half of the story. But the
half that I have heard causes me great concern. Fran has clearly had
some problems earlier in her life and now she is expecting a baby. The
local authority are saying that they will remove the baby at birth.
Fran is understandably terrified about what will happen. I don't know
all the background details of the case but if half of what is written
about the case is true, the local authority would be well advised to
take a look at an article I have written for Family Law Week which
will be published next week. In one of the cases referred to the Mr
Justice McFarlane specifically says that cases involving fabricated or
induced illness with no medical evidence of immediate risk of direct
harm to the child will rarely warrant an emergency protection order.
In addition there is case law which suggests that Munchausens Syndrome
By Proxy (MBSP) or factititious illness (a syndrome in which parents
are thought to fabricate or induce illness in children) does not even
exist. Mr Justice Ryder said this: "The terms 'Munchausen's Syndrome
by Proxy' and 'Factitious (and Induced) Illness (by Proxy)' are child
protection labels that are merely descriptions of a range of
behaviours, not a paediatric, psychiatric or psychological disease
that is identifiable. The terms do not relate to an organised or
universally recognised body of knowledge or experience that has
identified a medical disease (ie an illness or condition) and there
are no internationally accepted medical criteria for the use of either
label. In reality, the use of the label is intended to connote that in
the individual case there are materials susceptible of analysis by
paediatricians and of findings of fact by a court concerning
fabrication, exaggeration, minimisation or omission in the reporting
of symptoms and evidence of harm by act, omission or suggestion
(induction). Where such facts exist the context and assessments can
provide an insight into the degree of risk that a child may face and
the court is likely to be assisted as to that aspect by psychiatric
and/or psychological expert evidence." Fran says that she has been
diagnosed as likely to suffer from this syndrome by a Paediatrician
who has not in fact ever met her. Further she says that the
Psychiatrist(s) that know her do not agree. It is difficult to see how
that diagnosis could possibly be made on a paper assessment before the
baby has even been born and suffered any harm at all. Writing about
diagnosing MBSP, Professor Tim David, a leading Paediatrician said:
"This is one area where confusion can occur. The diagnosis is made in
the same way as in any other case of physical abuse, and not by
identifying certain parental characteristics, such as the mother being
a nurse." And even if it were true that Fran does have the condition
of MBSP this does not mean she could not be given support and
Psychiatric treatment".
Take heart!
FranLyon
Thank you so much for your support, and thank you for keeping it so
balanced too. I was wondering if I could possibly get hold of the two
sources you've cited?
Thanks,
Fran