‘What are the intended and unintended consequences of the SiHIS pilot and report?’ published in Family Law Journal

Tuesday 14 January 2025

The article is co-written by James Holmes of the Garden Court Chambers Family Law Team for Family Law, alongside Jo Delahunty KC of 4PB.

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This article considers the significant legal and forensic concerns arising from the Department for Education’s Suspected Inflicted Hearing Injury Service (SIHIS) – cases with profound medical complexity that could result in permanently severing a parent-child relationship. Within the article, consideration is taken into how the pilot could and will be used to restrict the role of Part 25 experts in Non-Accidental Head Injury (NAHI) cases. It is also considering the illusion of apparent consensus and the unintended consequences that may arise out of a SIHIS report.

The full article, which James wrote in collaboration with Jo Delahunty KC, will be published in LexisNexis’ Family Law.

James’s practice covers all legal issues concerning children. James is regularly instructed to represent local authorities, parents, and Children’s Guardians. James is particularly interested in the cases concerning non-accidental injuries, deprivation of liberty orders, and cases with an international element.

James has developed a particular expertise in complex public law matters, including those dealing with; death of/catastrophic injuries to a child and non-accidental injury cases. James has also been instructed in matters in the High Court concerning the use of special advocates and material proceedings and transfer of jurisdictions.

As a result of James having been involved in the first Female Genital Mutilation (FGM) case which went before the Court of Appeal, James is regularly instructed in cases involving concerns around FGM and Forced Marriage, and is also asked to advise on how to assess the risk posed to children and young persons and what, if any, safeguards can be put in place to mitigate any risks.

Due to James’s experience as both a practitioner in the Court of Protection and sitting as a Tribunal Judge in Special Educational Need cases, he is able to draw upon this knowledge and expertise when acting in cases which involve children and parents whom are neurodiverse and/or have capacity issues.

James has previously written a Garden Court Family Law blog on National Deprivation of Liberty Court Update: Consent and Necessity of DOLs.

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