Solicitor removed from acting in care proceedings over conflict of interest

A solicitor has been removed from acting for the mother in a forensic fact finding hearing over a conflict of interest, it has emerged.

In Kent County Council v S & M (Fact Finding re multiple bruises & healing fractures) [2016] EWFC B62 (21 July 2016) the court was conducting a forensic fact finding hearing in relation to a catalogue of injuries sustained by a two-year-old (M), while in the care of her mother (NS) and her mother’s boyfriend (LS).

Her Honour Judge Cameron, sitting at Medway Family Court, said: “It was a matter of concern for the Court that the mother's Solicitor was actually the same person who had represented LS during proceedings involving his own young son, F, and had also actually been a neighbour of the couple and witnessed with her own eyes some violent behaviour by LS to the mother.

“Because a conflict of professional interest really seemed to have been generated by all of that it was agreed that a new firm of Solicitors for the mother needed to become involved forthwith and that occurred.”

The judge made a finding of harm to the child and concluded that both the mother and LS remained in the pool of perpetrators and could not be exculpated.

Her Honour Judge Cameron also called for the Special Guardianship Assessment of the maternal grandparents to be completed, adding that the court wished to move swiftly to a welfare hearing without any further delay and to make final orders.