TP and TS (Children) [2019] EWHC B51 (17 September 2019)

TP and TS (Children) [2019] EWHC B51 (17 September 2019)

The court found, on the balance of probabilities, that both TP and TS suffered non-accidental injuries: TP sustained an inflicted head injury (subdural and retinal haemorrhages) and TS sustained two rib fractures. The injuries were most likely caused by excessive shaking (TP) and squeezing (TS) by an adult. However, the court could not identify, on the evidence, whether the mother or father was the perpetrator in either case, and both remained in the pool of possible perpetrators. The intervenors (paternal grandparents and aunt) were excluded from the pool. The court applied the established principles of burden and standard of proof, careful evaluation of expert and lay evidence, and the...

Citation
[2019] EWHC B51
Parties
Applicant Local Authority: Hertfordshire County Council; Mother: M; Father: F; Child (twin): TP; Child (twin): TS; Paternal Grandfather (intervener): PGF; Paternal Grandmother (intervener): PGM; Paternal Aunt (intervener): PA
Jurisdiction
England and Wales
Judgment Date
17 September 2019
Procedural Posture
Care Order (children Act 1989) Fact Finding Hearing / Fact Finding Judgment
Outcome
Findings of fact made: both children suffered non-accidental injuries; perpetrator not identified; both parents remain in pool of possible perpetrators; intervenors excluded from pool.
Legal Topics
Care Orders, Non Accidental Injury, Burden of Proof, Standard of Proof, Fact Finding, Expert Evidence, Pool of Perpetrators, Anonymity in Family Proceedings
Family Law Child Protection Care Orders Non Accidental Injury Burden of Proof Standard of Proof Fact Finding Expert Evidence +2 more

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Parties

Hertfordshire County Council

Applicant Local Authority

M

Mother

F

Father

TP

Child (twin)

TS

Child (twin)

PGF

Paternal Grandfather (intervener)

PGM

Paternal Grandmother (intervener)

PA

Paternal Aunt (intervener)

Procedural Posture

Care Order (children Act 1989) Fact Finding Hearing / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to TP and TS were accidental or non-accidental
  2. 2 If non-accidental, who caused the injuries
  3. 3 Who is in the pool of potential perpetrators

Ratio Decidendi

The court found, on the balance of probabilities, that both TP and TS suffered non-accidental injuries: TP sustained an inflicted head injury (subdural and retinal haemorrhages) and TS sustained two rib fractures. The injuries were most likely caused by excessive shaking (TP) and squeezing (TS) by an adult. However, the court could not identify, on the evidence, whether the mother or father was the perpetrator in either case, and both remained in the pool of possible perpetrators. The intervenors (paternal grandparents and aunt) were excluded from the pool. The court applied the established principles of burden and standard of proof, careful evaluation of expert and lay evidence, and the...

Court Disposition

Findings of fact made: both children suffered non-accidental injuries; perpetrator not identified; both parents remain in pool of possible perpetrators; intervenors excluded from pool.

Orders

  • Interim Care Order to continue; children to remain in foster care pending welfare determination.
  • Anonymity of children and family members to be strictly preserved.