A (A Child) (Fact-Finding: Head Injury) [2024] EWCA Civ 327 (12 April 2024)

A (A Child) (Fact-Finding: Head Injury) [2024] EWCA Civ 327 (12 April 2024)

The judge failed to evaluate the evidence holistically, relied excessively and linearly on medical evidence, did not properly consider the possibility of accidental injury, and did not conduct a sufficient analysis of each parent's credibility and likelihood of being the perpetrator; therefore, the findings cannot stand and the appeals must be allowed.

Citation
[2024] EWCA Civ 327
Parties
First Appellant: Mother of A; Second Appellant: Father of A; First Respondent: Local Authority; Second Respondent: Second Respondent
Jurisdiction
England and Wales
Judgment Date
12 April 2024
Procedural Posture
Appeal From Family Court (care Proceedings) / Appeal Judgment
Outcome
Appeals allowed; findings set aside; case remitted for further directions.
Legal Topics
Fact Finding Hearing, Abusive Head Injury, Pool of Perpetrators, Threshold Criteria, Expert Evidence, Appeal Procedure
Family Law Child Protection Fact Finding Hearing Abusive Head Injury Pool of Perpetrators Threshold Criteria Expert Evidence Appeal Procedure

Case Brief

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Parties

Mother of A

First Appellant

Father of A

Second Appellant

Local Authority

First Respondent

Second Respondent

Second Respondent

Procedural Posture

Appeal From Family Court (care Proceedings) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in finding that A suffered an abusive head injury inflicted by one or other parent
  2. 2 Whether the judge failed to consider the evidence holistically
  3. 3 Whether the judge properly applied the test for inclusion in the pool of perpetrators

Ratio Decidendi

The judge failed to evaluate the evidence holistically, relied excessively and linearly on medical evidence, did not properly consider the possibility of accidental injury, and did not conduct a sufficient analysis of each parent's credibility and likelihood of being the perpetrator; therefore, the findings cannot stand and the appeals must be allowed.

Court Disposition

Appeals allowed; findings set aside; case remitted for further directions.

Orders

  • Proceedings remitted to Family Presiding Judge for Western Circuit to decide next steps.
  • Parties may propose whether a rehearing is necessary or suggest alternatives to avoid full rehearing.