Mother falsely accused of fabricating daughter’s rare illness settles claim against local council

The mother, who we are calling Gemma, was wrongly accused of a type of abuse called Fabricated or Induced Illness (FII). Social workers believed Gemma was exaggerating both her daughter’s diagnoses and symptoms.

The daughter, who we are calling Emily, was born with a rare and severe congenital malformation. Those with the malformation often undergo multiple surgeries and require ongoing medical monitoring and psychological support. Emily also has dystonia (a movement disorder that causes the muscles to contract), cerebral palsy, anxiety, and a number of other physical conditions.  

She became known to Gloucestershire County Council in 2003, and since then has been supported as a child who requires additional measures to maintain a reasonable standard of health and development.  

When she was four years old, Emily underwent treatment at Great Ormond Street Hospital for her condition. Nursing staff at the time made allegations of FII but this was retracted with an apology being sent to Emily’s family after she underwent multiple emergency surgeries. 

Over the course of the next 10 years, Emily was being cared for full-time by her mother. In 2015, Gemma asked Gloucestershire County Council’s Children’s Services department for additional support as she believed her daughter’s health had deteriorated and that she would need additional support and an increase in Direct Payments to continue caring for Emily at home. Gemma’s request was denied.   

In early 2016, Gemma successfully applied for judicial review of the decision not to alter the care plan or to increase the budget for carers. At around the same time, a multi-agency meeting took place to share information and determine whether Emily was “a child at risk”. Gemma and Emily were not invited and were unaware that this meeting was taking place.   

An assessment was then undertaken where Emily’s social worker and a colleague visited her at home. The assessment raised various concerns linked to FII.  

This led to a multi-agency strategy meeting which neither Gemma nor Emily were aware was taking place. At the meeting, Gemma was accused of exaggerating Emily’s diagnosis and the symptoms she had. The meeting also recorded concerns that Emily may be suffering from emotional and physical abuse.  

Despite the serious concerns raised by the social workers, they were not considered sufficient to meet the threshold for child protection measures, and no further action was taken. Only following the meeting was Gemma informed that such a meeting had taken place and the outcome it had reached.  

Both a paediatrician and Emily’s GP raised concerns that the recorded minutes of the strategy meeting were inaccurate and had discrepancies, with Emily’s GP stating that parts of it were “misleading”.  

Soon after these concerns were raised, Emily was taken to hospital for emergency surgery as her condition had significantly deteriorated.  

A year later, in 2017, an Ofsted report found “serious and widespread failures” in the senior leadership of Gloucestershire County Council’s Children’s Services.  

Gemma raised her concerns about the way she and her daughter were treated by Gloucestershire County Council’s Children’s Services to the Council’s complaints service. Following this, she then proceeded with a complaint to the Local Government and Social Care Ombudsman – the body responsible for investigating complaints about councils and social care.  

The Ombudsman found that the social worker in Gemma and Emily’s case did not follow a proper decision-making process and that this caused the pair distress. An investigating officer found that a “inexperienced” and “overzealous” social worker had been actively trying to make Gemma and Emily’s case fit FII criteria. 

Following the Ombudsman’s decision, Gemma turned to Leigh Day human rights solicitor Sarah Westoby to represent her in a legal claim against Gloucestershire County Council. 

Gemma and Emily agreed a £12,500 settlement with the local authority who have not admitted liability or provided an apology.  

Sarah Westoby said:

“I am pleased that we have been able to secure a settlement which I hope will help Gemma and Emily start to put this ordeal behind them.   

“False accusations of FII can significantly affect families, particularly those caring for a child going through major surgery. It is crucial that local authorities like Gloucestershire County Council understand what families with children who have disabilities are experiencing and provide them with the support they need, rather than subjecting them to investigations which cause distress and mistrust.  

“I sincerely hope that lessons will be learned from this case so that other families do not experience what Gemma and Emily went through”.