Mother forced to spend £18,000 on legal fees to stop violent ex-husband accessing medical records of son he left with life-changing injuries

A mother has spoken of the 'injustice' of having to spend at least £18,000 on legal fees to try and stop her violent ex-husband having access to their son’s medical records after he left him with life-changing injuries.

The man was jailed for grievous bodily harm after shaking their infant child so badly he was left with severe and complex health conditions.

Now aged eight, the boy has the mental capacity of a newborn baby, experiences daily seizures and suffers from respiratory problems.

It was only when hospital staff informed the woman that the father had requested information relating to the boy's care that she learned of the ‘injustice’ and started looking into taking action to prevent it.

He is allowed to make the application despite having had no contact with the child since the assault and an ongoing ban from contacting his former family under his licence conditions.

People with parental responsibility retain the right to request access to their children’s medical records under current law, even if they have had no involvement in their upbringing for a prolonged period or are separated from the child’s other parent.

The mother, who is from Suffolk but can’t be identified for legal reasons, said: ‘My job is to protect my children and particularly my son.

‘I feel it's an injustice that he's [the father] able to access medical records relating to injuries that he caused. He can find out where he [the child] attends hospital and what appointments he's had.

‘Though he's the one who caused those injuries in the first place, he's allowed to breach his privacy and our safety.’

She added: ‘In order for me to stop him doing that, I have to remove his parental responsibility.

‘The minimum quote I've had is £18,000 and that's if everything goes smoothly. If he contests it, it could be a lot more. There is a price for a child’s safety.’

The father was given a three-year jail term following his conviction for the ‘violent assault’.

The boy's most recent admission to hospital lasted two weeks and doctors are currently assessing whether he will need to use oxygen overnight in future, his mother said.

‘These are all things that are going to be in his medical records that he [the father] caused, ultimately,’ she said.

Although employees at the hospital where the boy receives treatment were able to inform the woman about her former husband's request, they couldn't say whether it had been granted or why it had been made.

She fears the situation could become more complicated when his licence period, which began upon his release from prison, ends early next year.

‘He has no contact with us now but he's found a loophole,’ she said.

‘What's going to happen come February? That's what worries me.’

Obtaining a non-molestation order is one of the options the mother has looked into but she was advised that the lack of recent incidents would make it less likely for one to be granted.

HM Courts and Tribunals Service advice states that a non-molestation order can be granted where abuse has occurred previously but the application is more likely to succeed if there has been recent offending or ongoing harassment.

Warning that the public need to be made aware of the potential risks caused by the issue, the mother added: ‘People don't realise that perpetrators can still access certain information, no matter what they've done to that child.

‘He's [the boy] the victim but it feels like he's the one with the least protection.’

A Ministry of Justice spokesperson said: ‘These were terrible crimes and our thoughts remain with the victim and their family.

‘Offenders released on licence are supervised by the Probation Service and are subject to strict conditions and we do not hesitate to put them straight back behind bars if they break the rules.

‘Once licence conditions end, victims can contact the police if they are concerned for their safety and we urge all victims to continue to access support through specialised helplines.’