Mother wrongly accused of harming baby

The North's Department of Health is to examine how a mother's three children were taken into care after health services ruled…

The North's Department of Health is to examine how a mother's three children were taken into care after health services ruled that one of her children had suffered "non- accidental" injuries even though the child was discovered to be suffering from a form of cancer.

Louise Mason (38), wrongly accused of harming her four-week-old baby in 2003, spoke of her overwhelming relief after a High Court judge lifted any threat of her children being taken back into care.

Even though a jury at the city's Crown Court unanimously acquitted Ms Mason of charges that she caused grievous bodily harm to the baby, Foyle Health and Social Services Trust had filed applications for an order to have her three children adopted.

After a marathon legal battle, which involved the original care order being quashed on appeal, the case was sent back for rehearing to the High Court in Belfast. On Wednesday, after describing it as a complex and concerning case, Mr Justice Gillen declared he was making no order in relation to any of Ms Mason's children.

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The judge also eased normal reporting restrictions on family law cases, partly due to the sense of injustice harboured by the mother and her desire for the facts to be published. He said that there had already been publicity, often misinformed, about the issue in the family's area.

Ms Mason has already been reunited with her youngest child, born after the allegations first surfaced in October 2002. Increased contact, including unsupervised overnight stays, with the other two has been developed.

One of the pair is due to be placed back with her permanently, although the court heard how the position of the child at the centre of the claims was less straightforward. "Work with this family in recent times has been to address attachment issues, some of which were brought about by the lengthy separation between the mother and the children," Mr Justice Gillen said.

Ms Mason said: "I have been accused of something I didn't do, it's been an absolute nightmare. I fell into religion when my child was ill and it was my faith that kept me strong. I always knew in myself I didn't do it, now the courts have recognised that."

Ms Mason paid tribute to Doctor D, whom she described as her "guardian angel", who came forward with critical evidence in her favour after he read a newspaper report of the criminal trial. The court heard how he first treated the four-week-old baby for a neuroblastoma before it was transferred to the Royal Belfast Hospital for Sick Children.

He voiced concern that no one had sought his medical opinion and called for independent paediatricians to give their opinion on the findings of five doctors who gave evidence against Ms Mason.

A department spokesman said information it receives from the Western Health Board will determine what action it takes, if any.