The mother of two young boys and her partner have claimed their human rights were breached when her children were taken away under a care order after the older one was rushed to hospital suffering from a head injury.

The parents claimed their human rights had been breached

Charmaine Farrugia and her partner Jimmy Sacco, both 19, have vehemently denied ever harming the two-year-old.

Doctors, however, found that the nature of his injury points to the possibility of foul play.

The couple had contested the care order, which also covered their four-month-old child. The care order was, however, confirmed by a magistrate, prompting them to seek further legal redress: yesterday they filed a constitutional application claiming their human rights had been violated.

The case first came to light on February 25, when the oldest boy was rushed to hospital after what his mother said was a fall from bed. He started to bleed from his nose and vomit.

According to the judgment upholding the care order, the full extent of his injuries was exposed in hospital: the fracture to his skull was compatible with a blow from a cylindrical object. He also had a friction burn or scald on his back.

Magistrate Doreen Clarke noted that the boy’s mother and her partner insisted that he had fallen off the bed. At this point further tests were carried out that established the child had previously broken his leg, which was still healing, and had an older fracture in one of his hands.

The boy’s family also contested the issue of a care order to cover the younger child, based on the premise that nothing had happened to that child.

Magistrate Clarke said their argument did not hold water because it would have been negligent of the authorities to leave the child in the care of the parents, especially when a doubt had been cast on them due to the serious injuries suffered by the older child.

While the government agency Appoġġ did not have enough time to work with the family before the care order was issued, the care order ought to be confirmed, she ruled.

In their constitutional application the parents reiterated their claim of innocence, arguing there was no good reason for the care order to have been upheld.

They said that because of “arbitrary, illegal and baseless” decisions their human rights had been breached.

Through their lawyer, Maxilene Pace, the couple asked for the court to order the revocation of the care order and provide a remedy.