Saleh by his tutor Abusaleh v Li

Judgment

1. These are my reasons for standing these proceedings over to Friday 8 December 2017, so that the plaintiff can obtain a report in response to the report of Dr Klaus Akkerman of 18 November 2015.
2. The plaintiff, who was born on 25 April 2013, was a passenger in a child support seat in a vehicle driven by his father on 18 February 2015 when the car was hit from the rear when travelling at very slow speed. There was no suggestion that the plaintiff, who was properly strapped in at the time, saw the accident or suffered any physical injury but it would appear that after the accident he developed some symptoms which were treated by the family doctor. The family doctor referred the plaintiff to a child and adolescent psychologist, Rebecca Swinbourne, who was told that the plaintiff became quite distressed when he heard loud vehicle sounds such as car horns and the like, and also to loud household noises, as well as becoming clingy at pre‑school, whereas previously he had been happy to be separated by his parents.
3. The parents took the child out of childcare for this reason but the child psychologist encouraged them to take him back; which I gather occurred. She gave them some simple advice about a method of gradual exposure such as letting the plaintiff watch YouTube clips of car horns so that he could listen to it without crying. She said at the end of her report of 21 July 2015 that she had not made any further appointments, and I note from the out‑of‑pocket expenses that these seemed to consist of one appointment with the general practitioner and one or perhaps two appointments with the child psychologist. The report from Dr Allum also states that he had not referred the plaintiff to a specialist because he did not think this was necessary (p 2 of his report attached to the affidavit of Mohammed Abusaleh).
4. However, subsequent to this a medico‑legal report was obtained from Dr Klaas Akkerman which is in stark contrast to the benign views taken by the child psychologist and the general practitioner. Dr Akkerman noted that the plaintiff was, at the time of being seen by Dr Akkerman, two and a half years old and that he inquired of the parents whether the child had "a psychological condition". He then went on to note in relation to current symptoms: "I inquired as to how he is now. He said: He is scared by loud sounds such as the car horn and vacuum cleaner. He is reluctant to get into the car. He is hypervigilant. He is a backseat driver. He used to go to childcare. After this he would have difficulty separating. He would cry. His parents have stopped taking him to day care. He has difficulty separating. He is clingy. He sleeps with his parents. He could not volunteer any other symptoms. On specific questioning he said: He wets the bed. He has never been dry. He is an only child. He is a bit disobedient now. He wasn't before. He plays on his own. He dosesn's not [sic] share toys when he is exposed to other children. He fights with other children. TREATMENT I inquired as to what treatment he has had. He has seen the psychologist called Rebecca Swinbourne twice. No further treatment was recommended. DEVELOPMENT MENTAL HISTORY He had a normal pregnancy. He had normal delivery. He was a normal baby. He had normal milestones. There were no behavioural problems. MEDICAL HISTORY Nil. SOCIAL HISTORY He went to childcare. This has now stopped. He now prefers to play on his own. He doesn't share toys. He fights with other children."