Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)

Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)

The Local Authority failed to prove on the balance of probabilities that the injuries sustained by the children were non-accidental or attributable to unreasonable parental care. The evidence, including expert medical and genetic testimony, established plausible alternative explanations for the injuries, such as genetic disorders and medical fragility. The threshold criteria under section 31(2) Children Act 1989 were not met. Accordingly, the application for care orders was dismissed.

Citation
[2013] EWHC 968 (Fam)
Parties
Claimant: Devon County Council; 1st Respondent (mother): EB; 2nd Respondent (father): WD; 3rd, 4th and 5th Respondents: ED, JD and TD (Minors, by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
22 February 2013
Procedural Posture
Care Proceedings Under Children Act 1989 / Final Fact Finding Hearing and Judgment
Outcome
Application for care orders dismissed
Legal Topics
Care Orders, Non Accidental Injury, Expert Evidence, Burden of Proof, Threshold Criteria, Genetic Disorders, Child Welfare
Family Law Child Protection Care Orders Non Accidental Injury Expert Evidence Burden of Proof Threshold Criteria Genetic Disorders +1 more

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Parties

Devon County Council

Claimant

EB

1st Respondent (mother)

WD

2nd Respondent (father)

ED, JD and TD (Minors, by their Children's Guardian)

3rd, 4th and 5th Respondents

Procedural Posture

Care Proceedings Under Children Act 1989 / Final Fact Finding Hearing and Judgment

Legal Issues

  1. 1 Whether the injuries sustained by the children were non-accidental and attributable to parental care
  2. 2 Whether the threshold criteria under section 31(2) Children Act 1989 are met for making care orders
  3. 3 Whether genetic or medical conditions could explain the injuries

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that the injuries sustained by the children were non-accidental or attributable to unreasonable parental care. The evidence, including expert medical and genetic testimony, established plausible alternative explanations for the injuries, such as genetic disorders and medical fragility. The threshold criteria under section 31(2) Children Act 1989 were not met. Accordingly, the application for care orders was dismissed.

Court Disposition

Application for care orders dismissed

Orders

  • No care orders made in respect of ED, JD, and TD
  • Children to remain in the care of their parents and grandparents under existing arrangements