Carly Henley

synopsis

Carly is a specialist Family practitioner who undertakes all areas of Family work including Private Law Children Act work, Ancillary Relief and Domestic Violence work although the majority of her practice centres on Public Law Children Act work.

Carly undertakes complex cases involving all forms of child abuse including serious non-accidental injury, sexual abuse and fictitious illness. Carly receives a broad range of instructions, acting for parents and family members, on behalf of children and Guardians and acts regularly for a number of local authorities. Carly has also been instructed on behalf of the General Medical Council and Cafcass Legal.

Carly has undertaken cases involving fatal and near fatal injuries to children, and has a particular interest in those cases involving complex medical evidence. She regularly appears in cases which require her to call and/or cross-examine medical witnesses and experts, including pathologists, paediatricians and radiologists.

Carly undertakes work in the Court of Protection on behalf of local authorities, Primary Care Trusts, family members and patients through the Official Solicitor and accepts instructions to advise on related mental health issues, including Deprivation of Liberty.

notable cases

• Re W & N (March 2011) : Fact Finding Hearing in the County Court. Instructed on behalf of the Mother. Child suffered near fatal strangulation injuries. Evidence given by treating paediatrician, nursing staff and expert evidence given as to causation (accidental explanation offered) from Pathologist (Dr Nigel Cooper) and Consultant Paediatrician (Dr Kate Ward).
• Re V (September-October 2010) : Fact Finding hearing in the High Court. Instructed on behalf of local authority, as junior counsel. Involved over 40 witnesses giving evidence over the course of five weeks. The majority of the witnesses were treating paediatricians, paediatric surgeons, nursing staff and experts; including a Consultant Radiologist (Dr Alan Sprigg), Consultant Haematologist (Professor Sally Kinsey), a Consultant Paediatric Surgeon (Dr Mark Boss) and a Pathologist (Dr Nigel Cooper). Fictitious Illness case involving suffocation (oxygen starvation when child was dependent on oxygen treatment), tampering with feeding regime (child was fed via gastrostomy tube), physical injuries around the site of a tracheotomy tube, poisoning and a series of potentially fatal injuries including fractures and internal injuries (perforated bowel and tear to stomach leading to peritonitis).
• Re D (February 2010) : Fact Finding hearing in the County Court. Instructed on behalf of an Intervener accused of inflicting 9 fractures to a 9 month old baby. Fractures to each limb and the spine. Expert evidence given by Paediatricians and Paediatric Radiologist.
• Re P (February 2010 ) : Fact Finding hearing in County Court. Instructed on behalf of local authority. Skull fracture occasioned to non mobile child. Found to be non accidental. Conflicting evidence given by two Paediatric Radiologists and a Paediatrician as to causation.
• Re N (January 2010) : Instructed on behalf of Mother accused of murdering her partner with two others. Prepared for Fact Finding hearing but the mother was convicted of murder at trial before the family case could be heard. Death was caused as a consequence of prolonged torture involving starvation and series of physical assaults including burns and scalds. Multiple injuries found at post mortem. Pathologists' report discounted the defence that the victim had died as a consequence of an assault outside of the family home.
• Re A-W (January 2010) : Fact Finding hearing in the County Court. Instructed on behalf of the Father. During post mortem to a child thought to have died of natural causes, a fractured femur was discovered which was occasioned prior to death. As part of the preparation for the hearing the cause of death was explored in written questions to the Pathologist and a second opinion sought (by the local authority) from a Paediatric Pathologist. The hearing focused on causation of the fracture.

education

• Nottingham Law School
• Bar Vocational Course - Very Competent
• The University of Liverpool LLB Law 2:1
• King James' School, Knaresborough

memberships

• Family Law Bar Association
• North Eastern Circuit
• Denning Society, Lincoln's Inn
• The Medico-Legal Society

other information

• Prizes/Awards:
• Lincoln's Inn Hardwick Scholarship
• Lincoln's Inn Major Bar Vocational Course Award
• Lord Denning Scholarship
• Lincoln's Inn Pupillage Scholarship
• Lord Wolfson Scholarship

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