David Sharrock, Ireland Correspondent
2 for 1 tickets to Casablanca, this coming Monday
Louise Mason is finally a mother again, leading a family life for the first time in more than five years.
She presents a calm — if brittle — front as she talks of her ordeal since she was falsely accused of harming her baby and having her children disappear into the care system one by one.
The long battle to clear her name and have her children returned to her has left this 38-year-old single mother utterly drained and emotionless. She pauses before answering questions, chooses her responses with caution, and, even as she insists that she is happy, can barely raise a smile.
Shadowing her happiness is the knowledge that, despite being cleared of all claims, she may never have her middle child — taken from her at four weeks — returned. He has bonded so well with his foster family that she may lose him permanently into enforced adoption.
Ms Mason’s agony began when her four-week-old baby was taken ill one Saturday afternoon. “She made a strange cry and was very pale, very cold,” she told The Times in the office of her solicitor, Carmel McGilloway.
Her GP instantly alerted Altnagelvin Hospital in Londonderry. “It was touch and go that night, the baby was bleeding internally and had to be given a transfusion. A lady in the hospital gave me a picture of St Teresa and said, ‘She never fails you’.” Ms Mason, a devout Roman Catholic, began praying.
Her baby was transferred to the Royal Belfast Hospital for Sick Children, 60 miles (97 km) away, with a preliminary diagnosis of neuroblastoma, an abdominal tumour most commonly found in infants.
But in Belfast, a different diagnosis was made. “A doctor told me that the police and social services had been called.” It was suspected that her child was the victim of a non-accidental injury — the acronym NAI would pursue her for years.
Mother and baby returned to hospital in Londonderry, where the child made steady progress. Meanwhile, her eldest, 20-month-old, child had been signed into voluntary care. After six weeks’ medical care Ms Mason was allowed to go home but her baby followed the sibling to a foster family.
Six months later her solicitor advised her to withdraw her consent to fostering, forcing the matter into court. Nevertheless, it took another seven months before Ms Mason was finally interviewed under caution by the police — more than a year after her child fell ill. And another year passed before she was tried on two charges of grievous bodily harm. Throughout, Ms Mason’s access to her children was tightly curtailed and supervised. At worst she was allowed only an hour and a half with them once a month in the presence of a social worker.
At her trial it was suggested that her baby had been kicked or punched with such force that the damage was equivalent to having been dropped from a first-floor window. She was facing a custodial sentence, yet after telling the court that she was prepared to take a lie detector test, the jury delivered unanimous “not guilty” verdicts.
The ordeal was not over. Within a fortnight she was notified that Foyle Health and Social Services Trust was pressing on with plans to have her children permanently removed from her. In December 2004 adoption papers were served.
“The judge was faced with a huge amount of medical evidence, all of which pointed to NAI,” her solicitor said. “At least five doctors were all singing from the same hymn sheet.” So, cleared of committing the alleged crime that had torn her family apart, there seemed no way back. “This was a hopeless case,” Ms McGilloway said. “Then out of the blue I was called by a consultant radiologist at Altnagelvin Hospital.” “Doctor D”, as he was called in court, revealed that he remembered giving the initial diagnosis of neuroblastoma — which had been overruled — in Belfast.
Ms Mason returned to court to appeal against the care order, which was quashed. The issue was sent back to the family court.
In June 2006 Ms Mason faced her third and final trial in the battle to recover her two children, who by then had a third sibling five months earlier. Ms Mason spent ten days in hospital with her newborn baby before it was also removed from her and placed with foster parents.
Foyle Trust told the family court that it was no longer pursuing the NAI aspect of the case. It was agreed that the family’s reunification should start at the children’s pace.
Louise Mason got her youngest child back in July 2006. The eldest of the three returned home in time for Christmas. And the third, the child who was rushed to hospital at just four weeks old? “There’s no sign of the child coming back,” Ms Mason said. “The child tried an overnight stay and was so distressed, it was awful.”
Her solicitor said: “A very grave miscarriage of justice may have occurred. We must not forget she could have lost all of her children.”
Ms Mason said: You simply do not think that one moment you can be a normal mother bringing up your children and the next moment your whole life has been turned upside down.”
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In the US, there have been children ripped from their parents based on the spurious dx of MSBP.
Not even injured, or with any demonstrable wounds.
And yes, the Family Court still cling to their *confidentiality *notions, which often only protects the wrong-doers.
How dare the courts keep the Mom from speaking to her MP?
Fern, EastCoast, USA
We treat the medical profession like gods - yet they are human and fallible just like the rest of us. What a terrifying story - the poor poor mother and the poor children.
Sarah , Shrewsburyq, Shropshire
The judges, technically, are responsible for making sure justice is done. It went to court. There was a sollicitor-- interested in who knows what exactly, state money?.. It's surprising this goes on. Hope she gets her child back. In most cases of abuse, no one intervenes. My best guess from reading these sorts of things is that the woman must have been in so much shock and traumatised (emotionless) that she appeared "strange" which is enough for lazy inexperienced legal "servants" to be considered guilty and unfit. Sad. The judge should also have known better.
Nicolette, The Hague, Netherlands
If a baby were to be kinapped by someone who lopked after it so well that strong bonds developed between baby and kidnapper nevertheless once the baby was found it would be returned to its birth mother irrespective of its fondness for its kidnapper.
Thi baby should for the same reason be returned to its real mother and kept by her otherwise in later life the child will simply feel that it has been found but subsequently rejected by its real mother with harmful psychological effects for the rest of its life !
ian josephs , monte carlo, monaco
Who goes into social work? It's poorly paid with little status and huge responsibilities. Perhaps therein lies the problem?
Layla Jenkins, Hampton, United Kingdom
While I understand the anger towards social services, I think there should be some anger towards the second set of doctors. They overturned a cancer diagnosis for one with abuse, despite no outwards signs of bruises, and then were willing to testify and call her an abusive mother.
A social worker cannot be expected to know medical information like this. They trust the specialists. So, how could the doctors at Royal Belfast Hospital be so far off? Why did they not trust the radiologist that made the initial diagnosis? Were they able to provide meaningful data that ruled out the cancer diagnosis, or do they just like provoking witch-hunts, knowing that it will be social services who is blamed?
Upset Reader, London, UK
It never ceases to amaze me how Social services get their decisions utterly wrong, and with no accountability for the actions that destroy families and, in the worst situations, lives.
Paul Tonge, Grosmont, North Yorkshire
EVERYTHING that Social Services have a hand in is ALWAYS dealt with behind closed doors . Nobody can do anything about it , not even the government ( not that they would ) .
It`s about time Social Services were made accountable .
Jim, Sidcup/Kent,
Was Mrs Mason also charged with witchcraft? I imagine the evidence for that would be at least as good as the evidence for child abuse, in this case. There is a complete lack of accountability somewhere in this process, and a very worrying lack it is too. Not so much sad, as unacceptable.
Martin Baldwin-Edwards, Athens, Greece
We should hang our heads in shame
Paul McKeever, Delft, Holland
If a child has been kidnapped, and 5 years later is found, of course that child would be returned to its parents. Why should the child not be returned when the state is the kidnapper?
RB, Aberdeen,
I agree with Sally C that this case is unbearably sad, but I understand why the adoption process would be difficult to put into reverse after six months.
"Six months later her solicitor advised her to withdraw her consent to fostering".
Perhaps if this period of time had not elapsed, the additional seven months' delay before Ms Mason was questioned under caution would not have occurred?
Nonetheless I can see how vulnerable mothers could easily be exploited in circumstances such as this.
Des, Edinburgh,
who gave rights to these so called care workers to forcibally remove children from parents? They have just irreversibly wrecked someone's family. To think our taxes employ morons like them absolutely disgusts me.
Keith, london,
Someone is responsible for this utter and shocking travesty of justice. Someone should be severely punished. But nothing will happen, a review here, a review there. As witnessed by the front page of The Guardian today, the government is a tyrant and must be brought down in whatever way it can. If that means mass civil disobedience then so be it. The government is there to serve us, not them and their taskmaster bankers and businessmen.
Jeremy Poynton, Frome, England
Will we never hear of someone in Social Services being held to account. It is time for the names of the guilty to appear in newspapers and for index linked pensions to be terminated. The more I hear I about social services the more I despise them. If you look at the break down of your local council tax you generally see an increase of 10% per year, which more often than not equals the increase in head count of the social services department - which leads to a further commitment to life long pensions and retirement at 60 for this group of parasites.
peterj, newcastle,
âAt least five doctors were all singing from the same hymn sheet.â
Names, addresses and current occupations of the five please. Also names of the social workers, prosecution teams and judge. The only names above are the accused and her solicitor. The criminals from 'the professions' (or is that professional criminals) appear to have got off scot free. Now there's a surprise!! And all this two decades after the deranged Cleveland Two..... who it appears are still at large.
eric campbell, harrogate, uk
If a typist at the MOD gets £500.000 for RSA how much must this be worth?
Ken Wyatt, Todmorden, UK
In the best interest of all children in Britain all child protection, child care and family justice procedures must be brought out of the dark. Transparency and accountability must be acheived.
It is possible to open child protection procedures and the family courts to 'public overview' without compromising individual children and families
The public perception that the secrecy in all 'family justice' matters is masking 'bad practice' and giving 'corruption' a place to hide, must be eradicated if the most vulnerable children in our society are to have any hope of being enabled access any child protection ability.
There is no place for secret courts in this country.
Justice can't be served in the dark!
Darnthesafetynet, London , W11
Don't these children have a father???
wilson, London, UK
Social Services has a history of failing to intervene in shocking cases of abuse while hijacking children at the drop of a hat in the most peculiar circumstances - wild allegations, by an unreliable minor, of satanic cult abuse, for example. But the fact is that Social Services has a difficult job and generally does it well.
The real problem Social Services must face is that it works in the shadows, unaccountable, by means of secret trials and untested opinion, always waving the banner of "the best interests of the child" in much the same way priests used to burn heretics 'for the good of their souls'.
What would be in the best interests of the child would be to have claims tested in open court. It is no benefit for children to be torn from their parents for reasons which are then kept from them, reasons which may not even have been proven in court or adequately investigated. A bit more openness and accountability would also increase public confidence in Social Services.
RickH, Horley,
Unbearably sad.
Sally C, York, England