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The Munchausen Syndrome by Proxy witch hunt

By Michael Nott - posted Tuesday, 24 May 2005


Earl Howe reported although the UK Government was looking at a restricted group of court cases where the verdict may have gone the wrong way, “It is disappointing that the Government is not addressing the MSBP or factitious illness by proxy diagnosis that is the core of the problem”.

In NSW, Victoria and Queensland, MSBP allegations are still being made against mothers. According to Hayward-Brown, there is no indication of any body in NSW or Australia showing concern about the need to review current and previous cases involving Meadow's evidence, diagnoses and theories.

Australia's Federal Government, through its Institute of Family Studies and its Child Protection Clearing House, still recognises MSBP as a valid "diagnosis". Similarly, the Royal Australasian College of Physicians has made use of Meadow's theories on its website.

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Hayward-Brown stated that medical professionals were afraid to speak out publicly against their colleagues for fear of marginalisation and persecution in a small medical community. "This problem is not going to go away,” she said.

Legal firms and lawyers had refused to take on MSBP cases as they were too controversial and, "legal aid has been refused to MSBP cases by legal aid bodies in both NSW and Victoria on the grounds that they will not succeed," she said. This had also occurred in the UK. Cases were often long, complex and involved expensive medical witnesses. Such a denial of legal representation had been found by the European Court of Human Rights to be a breach of human rights in an MSBP case (P, C & S v the UK; no. 56547/00; 2002) where the UK Government was found guilty and fined. This same court found that it was a breach of human rights to remove a child at birth due to a previous allegation of MSBP.

"No one seems to want to take responsibility over MSBP allegations: the doctors and hospitals, DOCS and the health department keep blaming each other,”Hayward-Brown said. Ministers’offices and opposition health spokespeople were quiet on the issues.

In a statement to this writer (July 26, 2004), the NSW Commissioner for Children and Young People, Gillian Calvert,  said there was no consensus among the professionals on MSBP. Calvert described MSBP as "a complicated and difficult diagnosis with significant differences of opinion among medical and legal professionals: there are some medical experts who support and diagnose the syndrome and those who dispute its existence".

It appears the commission has decided not to take any firm action or use its legislative power to order an inquiry. The commission has also declined to answer questions on whether it is "irresponsible and careless" to allow the current situation to continue. The commission's parliamentary committee head, Barbara Perry, declined to be interviewed.

NSW Police has also declined to release information on its use of Meadow, Southall and a US MSBP proponent. The NSW Solicitor-General's office also refused to respond.

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Hayward-Brown said she was concerned that the diagnosis of MSBP was not being properly addressed in Australia: “No one wants to change the status quo and upset the careers of many doctors and social workers.” She thought authorities could also be reluctant to review cases because of the possibility of negligence claims.

Pragnell maintains that child protection systems are deeply flawed, erratic and dysfunctional: “There is now a worldwide storm brewing regarding child protection injustices,” he said. "And governments across the globe should take notice as the current situation will no longer be tolerated."

To this writer, the authorities in Munchausen Syndrome by Proxy cases have a punitive approach towards parents and their children, who need support rather than punishment and suspicion. Compassion is sadly lacking. We need to reverse the witch-hunt trend and stop persecuting anxious mothers for challenging professional opinions, which in medical eyes, is so often seen as challenging their professional standing.

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Article edited by Judy Cannon.
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About the Author

Michael Nott is an advocate for mothers falsely accused of munchausen syndrome (factitious illness) by proxy and the cot death theory. He has a Bachelor of Laws degree (LLB)(Macquarie University), Graduate Diploma in Legal Practice (Australian National University) and Graduate Diploma of Applied Social Sciences: Adult Education (University of Western Sydney). He can be contacted by email at: michaelnott AT yahoo.com.au

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