M S and B (Fact Finding) [2014] EWFC B95 (24 July 2014)

M S and B (Fact Finding) [2014] EWFC B95 (24 July 2014)

On the balance of probabilities, B was solely responsible for inflicting non-accidental injuries on C in a moment of temper after an argument with the mother; the mother was not a perpetrator and did not fail to protect her daughter.

Citation
[2014] EWFC B95
Parties
Applicant Local Authority: Derbyshire County Council; Mother: M; Second Intervener / Mother's Boyfriend: B; First Intervener / Mother's Sister: S; Neighbour / Witness: N; Child (subject of Proceedings): C
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
Fact-finding: B found to have inflicted injuries on C; mother exonerated as perpetrator and for failure to protect.
Legal Topics
Non Accidental Injury, Fact Finding, Child Safeguarding, Perpetrator Identification
Family Law Child Protection Non Accidental Injury Fact Finding Child Safeguarding Perpetrator Identification

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Parties

Derbyshire County Council

Applicant Local Authority

M

Mother

B

Second Intervener / Mother's Boyfriend

S

First Intervener / Mother's Sister

N

Neighbour / Witness

C

Child (subject of Proceedings)

Procedural Posture

Family Court Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 How did C sustain her injuries on 14/15 February 2014?
  2. 2 Who was responsible for inflicting the injuries on C?
  3. 3 Did the mother fail to protect C from harm?

Ratio Decidendi

On the balance of probabilities, B was solely responsible for inflicting non-accidental injuries on C in a moment of temper after an argument with the mother; the mother was not a perpetrator and did not fail to protect her daughter.

Court Disposition

Fact-finding: B found to have inflicted injuries on C; mother exonerated as perpetrator and for failure to protect.

Orders

  • Findings recorded that B inflicted non-accidental injuries on C.
  • Mother not found to have caused or failed to protect from injury.