A London Borough v S & Anor [2023] EWFC 339 (B) (01 August 2023)

A London Borough v S & Anor [2023] EWFC 339 (B) (01 August 2023)

The court found, on the totality of the evidence, that Z's femoral fracture was not caused by any accidental or medical explanation, nor by any healthcare professional at GOSH. The expert consensus was that the injury required force outside normal handling, with no evidence of significant bone fragility. The Local Authority did not establish on the balance of probabilities that either parent inflicted the injury or that any other identified person did so. The threshold for a finding of non-accidental injury was not met.

Citation
[2023] EWFC 339 (B)
Parties
Mother: S (Mother); Father: T (Father); Child: U; Child: V; Child: W; Child: X; Local Authority: London Borough of [Redacted]; Intervener: Great Ormond Street Hospital (GOSH); Guardian for U, V, W: Amy Williams
Jurisdiction
England and Wales
Judgment Date
01 August 2023
Procedural Posture
Care Proceedings (s31 Children Act 1989) / Fact Finding Hearing
Outcome
No findings of non-accidental injury made against the parents or any other party. Threshold not met.
Legal Topics
Non Accidental Injury, Care Orders, Expert Evidence, Threshold Criteria, Burden of Proof
Family Law Child Protection Non Accidental Injury Care Orders Expert Evidence Threshold Criteria Burden of Proof

Case Brief

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Parties

S (Mother)

Mother

T (Father)

Father

U

Child

V

Child

W

Child

X

Child

London Borough of [Redacted]

Local Authority

Great Ormond Street Hospital (GOSH)

Intervener

Amy Williams

Guardian for U, V, W

Procedural Posture

Care Proceedings (s31 Children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether Z's femoral fracture was caused non-accidentally
  2. 2 Whether the parents or any other party inflicted or failed to protect Z from injury
  3. 3 Whether any medical or accidental explanation accounts for Z's injury

Ratio Decidendi

The court found, on the totality of the evidence, that Z's femoral fracture was not caused by any accidental or medical explanation, nor by any healthcare professional at GOSH. The expert consensus was that the injury required force outside normal handling, with no evidence of significant bone fragility. The Local Authority did not establish on the balance of probabilities that either parent inflicted the injury or that any other identified person did so. The threshold for a finding of non-accidental injury was not met.

Court Disposition

No findings of non-accidental injury made against the parents or any other party. Threshold not met.

Orders

  • Fact-finding hearing concluded with no findings of inflicted injury.
  • No care order made on the basis of non-accidental injury.