Re BR & Others – Three Families; Fabricated or induced illness (“FII”)

Bryan Cox KC was instructed by Browne Jacobson on behalf of the Sheffield NHS Children’s Trust on an 11 week finding of fact on suspected fabricated induced illness concerns.

The Case was the first in the country to be covered by a Transparency Order and is the subject of a reported judgment.

It concerned three consolidated care proceedings. The three children concerned were long stay-in patients at Sheffield Children’s Hospital, they all presented with chronic gastroenterological illness and inability to tolerate oral feeding. There was a suspicion that each mother had administered contra-indicated medication. Clinicians referred the cases to the authorities on grounds of suspected FII. The mothers denied FII, suggesting that the high infection rates were a consequence of systemic poor hygiene and/or a rogue nurse.

The hospital instructed leading counsel, Bryan Cox KC.

The proceedings were unprecedented in their complexity and duration, over 100 hospital staff (including numerous clinicians) provided evidence; the court heard complex medical evidence from 7 eminent expert witnesses. The substantive judgment on the fact finding provides important guidance to Local Authorities and practitioners in relation to FII cases.

The Judgement