W (A Child), Re [2013] EWCA Civ 662 (08 May 2013)

W (A Child), Re [2013] EWCA Civ 662 (08 May 2013)

The Court of Appeal upheld the trial judge's findings that the injuries to the child were non-accidental, the parents' explanations were implausible, there was insufficient evidence of bone fragility, and both parents failed to seek timely medical attention. The judge's cumulative approach to the evidence was justified, and his reasons, though brief, were adequate.

Citation
[2013] EWCA Civ 662
Parties
Appellant Parent: JH; Appellant Parent: LW; Respondent Local Authority: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
08 May 2013
Procedural Posture
Appeal (family Law Care Proceedings) / Appeal From Fact Finding Judgment of Leicester County Court
Outcome
Appeal dismissed
Legal Topics
Care Orders, Non Accidental Injury, Fact Finding Hearings, Parental Responsibility, Medical Evidence in Child Protection
Family Law Child Protection Care Orders Non Accidental Injury Fact Finding Hearings Parental Responsibility Medical Evidence in Child Protection

Case Brief

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Parties

JH

Appellant Parent

LW

Appellant Parent

Leicestershire County Council

Respondent Local Authority

Procedural Posture

Appeal (family Law Care Proceedings) / Appeal From Fact Finding Judgment of Leicester County Court

Legal Issues

  1. 1 Whether injuries to child A were non-accidental
  2. 2 Whether the parents' explanations for injuries were plausible
  3. 3 Whether underlying bone fragility contributed to injuries

Ratio Decidendi

The Court of Appeal upheld the trial judge's findings that the injuries to the child were non-accidental, the parents' explanations were implausible, there was insufficient evidence of bone fragility, and both parents failed to seek timely medical attention. The judge's cumulative approach to the evidence was justified, and his reasons, though brief, were adequate.

Court Disposition

Appeal dismissed

Orders

  • Judge's findings of fact upheld
  • No order as to costs specified