Successful Representation by Forida Hakim in A (Child: Fact-Finding Hearing) [2025] EWFC 219 (B) (8 October 2025)

Family & Child Care Director Forida Hakim successfully represented the Mother in the recently published judgement of A (Child: Fact-Finding Hearing) [2025] EWFC 219 (B).

This complex and sensitive case concerned a young child who was admitted to hospital in September 2024 with a subdural haematoma and seizures. Medical experts agreed that the injuries were consistent with a shaking-type mechanism, raising concerns of non-accidental injury. The Local Authority issued proceedings and sought findings that the Mother had caused the injuries.

The Mother, a 26-year-old recent entrant to the UK on a student visa with limited English, consistently denied causing harm to her child. She maintained that a hotel cleaner, present when her baby became unresponsive, had shaken the child in a well-intentioned but misjudged attempt to revive him.

For valid reasons, the Mother transferred her legal representation to Forida Hakim of Duncan Lewis Solicitors at a very late stage in the proceedings. Following the Pre-Trial Review (PTR), an urgent application was made to the Legal Aid Agency (LAA) for a leader. We extend our gratitude to Ruby Sayed and Kate Branigan KC for their willingness to join the team on such short notice.

This situation required a collective “all hands on deck” approach, with significant out-of-hours work, to guarantee that this vulnerable client received the high-quality legal representation she deserved from both Duncan Lewis and Counsel.

The Proceedings

The case involved extensive expert medical evidence and multiple lay witnesses. The factual issues before the court were narrow but highly significant:

• Whether the injuries were caused by the Mother within a short timeframe on 13 September 2024;
• Whether a third party — specifically, a hotel cleaner — caused the injuries while attempting to resuscitate the child;
• How the court should approach conflicting lay witness evidence in light of the consistent expert medical opinion;
• That there is careful analysis of the factual and expert evidence made available at the initial stage; and
• Where language is a barrier, careful attention must be given to obtain clear instructions, particularly where dialect can cause information to be misrepresented.

Following a contested Fact-Finding hearing before His Honour Judge Willan, the court carefully assessed the expert and witness evidence. The medical experts agreed the injuries resulted from a shaking-type motion, unlikely to have been caused by an accidental fall. The matter therefore turned on the credibility and reliability of the witnesses in determining the allegations against the Mother.

The court found the Mother to be a largely truthful and consistent witness whose account was inherently plausible. Her explanation, that a cleaner shook the child in panic when they became unresponsive, was supported by other evidence, including contemporaneous video communications with her family. The cleaner’s evidence was treated with caution due to their nervousness and possible wish to distance themselves from events. However, it was accepted that the cleaner had held the child during the relevant timeframe.

The court accepted that the shaking incident was likely carried out by the cleaner in an ill-judged but well-intentioned attempt to revive the child, and rejected the allegation that the Mother had caused the injuries.

Representation and Outcome

The Mother transferred her representation to Forida Hakim of Duncan Lewis Solicitors at a late stage in the proceedings. Recognising the complexity and sensitivity of the issues, Forida acted swiftly to obtain the assistance of leading counsel, Kate Branigan KC, to ensure this vulnerable client received the strongest possible representation.

Ms Hakim made herself available outside of hours to ensure she was able to collate vital evidence without which the mother risked findings against her and losing her child.

The judgement specifically acknowledged the quality and professionalism of the legal team’s work. The judge commended the team for identifying overlooked aspects of the evidence and for the diligent approach that ultimately enabled the court to reach a fair and just outcome.

Comment

This case exemplifies the importance of robust preparation and careful analysis in non-accidental injury proceedings, particularly where vulnerable parents face serious allegations within unfamiliar legal systems.

It underscores the vital need to ensure that every parent, regardless of background or language barriers, is properly heard and represented, and highlights that careful, evidence-based advocacy is essential to achieving justice in such complex and sensitive matters

The Mother was represented by Forida Hakim, Director of Family and Child Care, at Duncan Lewis Solicitors. Kate Branigan KC of 4PB and Ruby Sayed of One Pump Court were instructed as counsel.

If you require specialist support from our Family & Child Care team, please contact Forida Hakim via email at foridah@duncanlewis.com  or via telephone on 02079238440

Duncan Lewis Solicitors

The ‘exceptional’ Family & Child Care team at Duncan Lewis Solicitors dispenses advice on the full spectrum of family law matters, with a particular emphasis on international child abduction cases, special guardianship orders, and wardship issues. Our solicitors have broad knowledge spanning surrogacy issues, adoption cases and financial proceedings, and is described in The Legal 500 UK independent legal directory as "particularly adept at acting for children in public law care cases." The team has extensive expertise in advising on forced marriage and female genital mutilation matters, and a great deal of experience in handling high-net-worth divorces, cohabitation agreements, non-molestation injunctions, and emergency protection orders.

Find full details of this case on Bailii’s website here.