TF & Anor, Re [2008] EWHC 3467 (Fam) (17 October 2008)

TF & Anor, Re [2008] EWHC 3467 (Fam) (17 October 2008)

The court found, on the balance of probabilities, that FL's rib and clavicle fractures and facial bruising were non-accidental, caused by excessive force, most likely inflicted by the father. The birth trauma hypothesis was rejected due to lack of supporting evidence. The mother failed to protect FL by delaying hospital attendance. The threshold for care proceedings under section 31 Children Act 1989 was crossed for both children due to established significant harm and risk of future harm.

Citation
[2008] EWHC 3467 (Fam)
Parties
Child: TF; Child: FL; Mother: ED; Father: DL; Former Partner of Mother, Father of TF: NF
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Care Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
Threshold for care proceedings under section 31 Children Act 1989 found crossed for both children; non-accidental injury found; findings made against both parents.
Legal Topics
Non Accidental Injury, Section 31 Children Act 1989, Care Threshold, Parental Responsibility, Failure to Protect
Family Law Child Protection Non Accidental Injury Section 31 Children Act 1989 Care Threshold Parental Responsibility Failure to Protect

Case Brief

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Parties

TF

Child

FL

Child

ED

Mother

DL

Father

NF

Former Partner of Mother, Father of TF

Procedural Posture

Care Proceedings (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to FL were accidental or non-accidental
  2. 2 Whether threshold for care proceedings under section 31 Children Act 1989 is crossed
  3. 3 Identification of perpetrator(s) of injuries

Ratio Decidendi

The court found, on the balance of probabilities, that FL's rib and clavicle fractures and facial bruising were non-accidental, caused by excessive force, most likely inflicted by the father. The birth trauma hypothesis was rejected due to lack of supporting evidence. The mother failed to protect FL by delaying hospital attendance. The threshold for care proceedings under section 31 Children Act 1989 was crossed for both children due to established significant harm and risk of future harm.

Court Disposition

Threshold for care proceedings under section 31 Children Act 1989 found crossed for both children; non-accidental injury found; findings made against both parents.

Orders

  • Further assessment of risk to be conducted by social services, guardian, and JD (expert)
  • Future parenting and risk assessment to be explored in subsequent proceedings