In a landmark decision, a British couple falsely accused by social services of abusing their 3-month-old son have won the right to tell their story breaking the normal seal of silence that applies to family law cases.
According to the BBC’s Panorama programme, first-time parents Jake and Victoria Ward were arrested on suspicion of causing grievous bodily harm and child cruelty when their 3-month-old son William was found to have a broken leg in 2005, an injury which they could not explain.
The couple, of Pelham Way, Cottenham, were suspended from their jobs at Cambridgeshire County Council, which applied for a care order and put William on the Child Protection Register.
The Wards were suspected of abusing their son and when Cambridgeshire County Council applied for a care order, this signalled that their case would be heard in the closed world of the family courts.
Thousands of children have their futures decided in the family courts every year and because of strict rules on what can be reported, often little is revealed about what happens once the court doors are closed.
They were only allowed to bring William home from the hospital when Mrs Ward’s parents had moved from their home in Devon to supervise them.
When the case finally came before a judge in October 2006, Mrs Ward was five months’ pregnant with her daughter Hattie.
Two months later the couple were fully exonerated even though William’s injury could still not be explained.
The case was later heard in the family courts, and it was found there was “no cogent evidence” the couple had harmed their son. William was nearly two by the time the case was heard by the family courts.
Even though their names had been cleared, the couple wanted the expert witnesses in their case to be identified.
Medical experts are often asked to give evidence in family court cases, but they are rarely identified, whether they get it right or wrong.
The Wards’ solicitor Nick Barnes pointed out that expert opinion was sometimes complementary but was also often conflicting.
He said: “This case exposes the frailties of expert evidence, despite the many eminent specialists instructed.”
They began a landmark High Court battle to get all the reporting restrictions lifted, which they won earlier this year.
The couple’s story featured in a BBC Panorama documentary, which was screened last night.
Victoria said: “Secrecy means that families can’t find out about experts. They can’t find out exactly what to expect, about what will go on in court.
“They can’t share experiences. They can’t adequately prepare themselves for what’s going to happen either emotionally or practically in terms of making sure they have the necessary experts and evidence they need to be making their case.”
Jake said: “Something as massive as this in your life, I don’t think you can ever forget it.”
And Victoria said: “How can you celebrate knowing that someone has decided you didn’t hurt your child when all along you’ve known that you didn’t hurt your child?”
Three years after the Ward case, reporters are now allowed into family courts, and a bill has been passed which rubber stamps the Ward ruling that paid expert witnesses can be identified.