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as a valid "diagnosis", despite knowledge of the discrediting of Children's Commission to say the problem is small ignores the Meadow and court decisions against his theories. Similarly, the harm caused to parents who are either suspected or accused of Royal Australasian College of Physicians makes use of Meadow's MSBP. There are many parents who have been affected by false theories on its website.'? At the ISPCAN 15th International allegations. These allegations are not benign: they have serious Congress on Child Abuse and Neglect (Brisbane, September implications for the health and well-being of the child. 2004), many papers presented attest to the existence of MSBP, However, some statistics are kept on child abuse notifications. including many from MSBP proponents in the UK." In Australia in the year 2002-03, there were 198,355 notifications Hayward-Brown stated that medical professionals are afraid to according to the Australian Institute of Health and Welfare speak out publicly against their colleagues for fear of marginalisa- (AIHW), but only 40,416, or roughly 20%, were "substantiated".'* tion and persecution. While senior professionals have voiced This suggests that in the other 80% of reports there was no child their concerns, this has generally only occurred in private. It is abuse. The cases that were "not substantiated" showed, in the particularly a problem in Australia, as the medical community is words of the AIHW, that "there was no reasonable cause to sus- small and cohesive, leaving less room for outspoken critics. pect prior, current or future abuse, neglect or harm to the child". Professionals supporting mothers fear that so-called "evidence" This is consistent with similar figures in the USA, where is being fabricated to ensure MSBP convictions. Fishman said Fishman said over 70% of child abuse reports were not deemed that in the USA the credibility of the legal system is very much worthy of investigation or were determined to be "unfounded" or strained when it comes to the way MSBP child abuse cases are "unsubstantiated". In pragmatic terms, he said, what this means is typically investigated and prosecuted. He believes perjury is ram- that two million innocent families were falsely accused of child pant in child abuse cases. Fishman has accused mental health and abuse in the USA during 2002. medical professionals of perjury and the justice system of failure Pragnell said that of most concern are the AIHW figures from to hold them accountable. Hayward-Brown said she has seen a New South Wales that showed 109,498 child abuse reports, with good deal of evidence of fabrication, only 16,765 of these "substantiated". inaccuracy, bullying, deception, cover- This means that over 90,000 children up and tampering of files in these were unnecessarily brought into child cases. w . A . rrotection procedures—and it has lon: In the UK, doctors are complaining This problem is not going to been known that such procedures ean that paediatricians are refusing to carry go away. It is pointless for cause severe, long-lasting harm to chil- out child protection work due to the ag: ren. "Some other states have a possibility of official complaints. authorities to argue that the screening process and therefore they sations and Se acc However, Hayward-Brown said such problem is "small' and should could eliminate f: widespread community concerns about . " unnecessary investigations," he noted, discourse and practice have only therefore be ignored. adding that there is no national defini- occurred in this particular area of tion of "child abuse" and Australian medicine. There is a reason for this, states could make their own determina- she claimed: a society will accept tion of what constitutes child abuse. many deficiencies, but it will not The NSW Commission for Children accept the repeated harm by professionals of innocent families. and Young People's office, when asked if it would use its powers "This problem is not going to go away. It is pointless for to review or investigate MSBP, said the matter should be "put in authorities to argue that the problem is ‘small’ and should perspective". This implies that the Commission is not concerned therefore be ignored." about the families who are suffering under these accusations. Hayward-Brown said that legal firms and lawyers have refused Irrespective of numbers and even if one family is being seriously to take on MSBP cases as these are too controversial. "Legal aid damaged, it is a matter of concern. In a statement to this author has been refused to MSBP cases by legal-aid bodies in both NSW dated 26 July 2004, Commissioner Gillian Calvert (who is also and Victoria on the grounds that they will not succeed." This has co-chair of the ISPCAN Congress on Child Abuse) said there is also occurred in the UK. Additionally, since these cases are often no consensus among the pro: onals on MSBP. Calvert said long and complex, they involve the need for expensive medical MSBP is "a complicated and difficult diagnosis with significant witnesses. This denial of legal representation has been found by differences of opinion among medical and legal professionals: the European Court of Human Rights to be a breach of human there are some medical experts who support and diagnose the syn- rights in an MSBP case (P, C & S v the UK; no. 56547/00; 2002) drome and those who dispute its existence". Despite admitting a where the UK government was found guilty and fined. This same problem, the Commission has decided not to take any firm action court found that it is a breach of human rights to remove a child at or use its legislative power to order an inquiry. The Commission birth due to a previous allegation of MSBP. Such breaches are has also declined to answer questions on whether it is "irresponsi- occurring in New South Wales. ble and careless" to allow the current situation to continue. The "No one seems to want to take responsibility over MSBP alle- Commission's Parliamentary Committee head, Barbara Perry, gations: the doctors and hospitals, DOCS and the Health declined to be interviewed for this article. Department keep blaming each other. The office of the DOCS NSW Police has declined to release information on its use of Minister does not want to know about the issues, and in NSW the Meadow, Southall and USA MSBP proponent Dr Herbert Health Minister's office and Opposition Health spokesman are Schreier of the Children's Hospital at Oakland in California— quiet on the allegations," said Hayward-Brown. although I have seen official NSW Police letters to Meadow and the reports written by Meadow. The NSW Solicitor-General's The need for urgent reform office denies it has written to Meadow requesting reports. Tt o ra o ~ ————— auld ha nated that thar. "This problem is not going to go away. It is pointless for authorities to argue that the problem is ‘small’ and should [raf tenet ee The need for urgent reform It should be noted that there are no official statistics kept on Australian MSBP allegations, and for authorities such as the NSW 42 = NEXUS therefore be ignored." Continued on page 76 www.nexusmagazine.com OCTOBER — NOVEMBER 2004