Devon County Council v EB & Ors (Minors)
The Local Authority failed to prove on the balance of probabilities that the injuries sustained by the children were non-accidental and attributable to parental care; the threshold criteria under section 31(2) Children Act 1989 were not met, and the application for care orders was dismissed.
- Parties
- Claimant: Devon County Council; 1st Respondent: EB; 2nd Respondent: 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 / Final Judgment
- Outcome
- Application for care orders dismissed.
- Legal Topics
- Care Orders, Non Accidental Injury, Children Act 1989, Expert Evidence, Threshold Criteria
Case Brief
Summary, issues, holding and outcome
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Parties
Devon County Council
Claimant
EB
1st Respondent
WD
2nd Respondent
ED, JD and TD (Minors, by their Children’s Guardian)
3rd, 4th and 5th Respondents
Procedural Posture
Care Proceedings / Final Judgment
Legal Issues
- 1 Whether injuries to minors were non-accidental and attributable to parental care
- 2 Whether threshold criteria under section 31(2) Children Act 1989 are met
Ratio Decidendi
The Local Authority failed to prove on the balance of probabilities that the injuries sustained by the children were non-accidental and attributable to parental care; the threshold criteria under section 31(2) Children Act 1989 were not met, and the application for care orders was dismissed.
Court Disposition
Application for care orders dismissed.
Orders
- No care orders made.
- Children remain in care of parents and grandparents under existing arrangements.
Full Case Text
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