Dr Martina van der Leij, led by Anna McKenna KC, acted for a mother in care proceedings concerning 3 children aged 8, 4 & 2. All the children had contracted gonorrhoea while in the mother’s care.
The local authority brought care proceedings in November 2023 after the children were removed from their parents’ care in October.
During the 8-day fact finding hearing, the key issues in dispute were:
• whether the testing was reliable
• conflicting medical opinion about the possibility and likelihood of non-sexual transmission.
Using her microbiology research background, Martina conducted a forensic analysis of the medical records and testing, as well as assisting Ms McKenna in drafting detailed questions to experts to crystallise the issues in dispute.
Judgment in D, E, and F (Children) (The Children Act 1989) [2025] EWFC 174 (B)
The court ruled that the children be returned to the mother’s care immediately after judgment was handed down.
HHJ Sapnara found that:
• although non-sexual transmission of gonorrhoea is very rare in children, there were no obvious answers as to how the children contracted gonorrhoea
• the children's physical, social, emotional or other presentation, did not give rise to any suspicion that they have endured an inappropriate experience let alone sexual abuse
• the local authority had not discharged the burden of proving the disputed allegations in support of its contention that the threshold criteria are met.
Read the judgment in full in: D, E, and F (Children) (The Children Act 1989), [2025] EWFC 174 (B)