As the South Australian child protection system comes under fire over the death of six-year-old Charlie, the parents of two girls taken into care for a gluten allergy are suing the state government claiming they were illegally removed.
In their statement of claim filed in the South Australian District Court, the parents — who cannot be named to protect the identity of their children — alleged the state government trespassed and falsely imprisoned their children over five months in 2017.
Their lawyer Andrew Carpenter said it highlighted the disparity between responses within the Department for Child Protection (DCP).
"... Something as small as a gluten intolerance triggered five months of children being taken away," Mr Carpenter told the ABC.
Parents informed kindy of gluten allergy
The documents stated their daughter first experienced vomiting and nausea when she was three years old because she consumed foods containing gluten and was taken to see gastroenterologist Dr Rupert Hinds.
"From December 2015, in accordance with advice from Dr Hinds, the girl was commenced on a gluten-free diet," the documents stated.
In June 2016, she suffered "some degree of non-coeliac gluten intolerance" and her parents were told by Dr Hinds to continue the gluten-free diet.
The claim stated the parents told the girl's kindergarten in Adelaide's eastern suburbs that their daughter was allergic to gluten and needed to be on a special diet in January 2017.
"In February 2017, the parents attended the kindergarten and were advised by staff at the kindergarten that their daughter was not eating sufficiently ... and they arranged for a review with Dr Hinds," the documents stated.
Kindergarten notified DCP of diet
The parents advised the kindergarten that Dr Hinds found the now four-year-old girl may have been experiencing a low appetite as a side effect of surgery she had when she was 13 months old, according to the documents.
The kindergarten notified DCP that the girl needed a gluten-free diet in April 2017.
Documents stated that two days later, "without any further investigation", DCP removed the girl and her older sister from the care of their parents and placed them in care because the allergy had been "fabricated" by her mother.
The documents stated child psychiatrist Dr Jon Jureidini diagnosed the girl's mother with Munchausen Syndrome by Proxy — a form of child abuse where a parent causes symptoms to make it appear their child is sick.
But paediatric gastroenterologist Dr David Moore found it was "reasonable" for the parents to place their daughter on a gluten-free diet, which was backed up by another independent doctor in September 2017.
The children were then returned to their parents later that month after former SA senator Nick Xenophon asked DCP to review the case.
The parents claim DCP failed to investigate the girl's medical condition before removing her and "improperly took into account" a previous charge against the mother.
In 2013, the mother was charged with harming her daughter by giving her lactose after surgery.
The judge found it was a mistake and not borne out of malice. The mother was not convicted for the offence.
In a statement, a DCP spokeswoman said the department's interaction with the family concluded in 2017.
"As this matter is the subject of current court proceedings, the department is unable to provide any further comment," she said.
