X and Y [Children] [Fact Finding: Case Management] [2014] EWFC B197 (29 October 2014)

X and Y [Children] [Fact Finding: Case Management] [2014] EWFC B197 (29 October 2014)

The court found, on the balance of probabilities, that Y's ankle fracture was caused by JB deliberately dropping her in a reckless and callous manner, not intending to cause a fracture but being indifferent to injury. The extensive bruising to Y's buttocks and thighs was non-accidental, inflicted by either the mother or JB or both. Both the mother and JB were aware of the injuries and failed to seek prompt medical attention, instead seeking to mislead professionals and the court. The threshold criteria under Section 31 Children Act 1989 were met, and both the mother and JB are in the pool of perpetrators. The children would be at risk of significant harm if left in the care of the mother...

Citation
[2014] EWFC B197
Parties
Mother: CB; Mother's Partner/intervener: JB; Father: DT; Children: X and Y (children, by their guardian)
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Care Proceedings (fact Finding and Threshold Hearing) / Judgment Following Fact Finding and Threshold Hearing
Outcome
Threshold criteria under Section 31 Children Act 1989 found proved; children remain in foster care; directions to be given at welfare stage.
Legal Topics
Non Accidental Injury, Threshold Criteria, Section 31 Children Act 1989, Pool of Perpetrators, Child Welfare, Case Management
Family Law Child Protection Non Accidental Injury Threshold Criteria Section 31 Children Act 1989 Pool of Perpetrators Child Welfare Case Management

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Parties

CB

Mother

JB

Mother's Partner/intervener

DT

Father

X and Y (children, by their guardian)

Children

Procedural Posture

Care Proceedings (fact Finding and Threshold Hearing) / Judgment Following Fact Finding and Threshold Hearing

Legal Issues

  1. 1 Whether injuries to Y were non-accidental
  2. 2 Identification of perpetrator(s) of injuries to Y
  3. 3 Whether threshold criteria under Section 31 Children Act 1989 are met

Ratio Decidendi

The court found, on the balance of probabilities, that Y's ankle fracture was caused by JB deliberately dropping her in a reckless and callous manner, not intending to cause a fracture but being indifferent to injury. The extensive bruising to Y's buttocks and thighs was non-accidental, inflicted by either the mother or JB or both. Both the mother and JB were aware of the injuries and failed to seek prompt medical attention, instead seeking to mislead professionals and the court. The threshold criteria under Section 31 Children Act 1989 were met, and both the mother and JB are in the pool of perpetrators. The children would be at risk of significant harm if left in the care of the mother...

Court Disposition

Threshold criteria under Section 31 Children Act 1989 found proved; children remain in foster care; directions to be given at welfare stage.

Orders

  • Findings made as per Scott Schedule: Y's ankle injury caused by JB by deliberate and reckless act; bruising non-accidental, inflicted by either mother or JB or both; both mother and JB in pool of perpetrators; mother failed to protect Y and misled professionals; both mother and JB removed Y from hospital contrary to...
  • Directions for further welfare hearing to determine future care arrangements.