TF & Anor, Re

TF & Anor, Re

The court found that the injuries to FL, including rib and clavicle fractures and facial bruising, were non-accidental and caused by excessive force, most probably by the father. The explanation of birth trauma was rejected as unsupported by evidence. The mother was found to have failed to seek timely medical attention, amounting to a failure to protect. The threshold for care proceedings under section 31 Children Act 1989 was met for both parents.

Parties
Mother: ED; Father: DL; Child: TF; Child: FL; Former Partner (tf's Father): NF
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of non-accidental injury and failure to protect; threshold for care proceedings met.
Legal Topics
Non Accidental Injury, Section 31 Children Act 1989, Threshold Criteria, Parental Responsibility, Failure to Protect
Family Law Child Protection Non Accidental Injury Section 31 Children Act 1989 Threshold Criteria Parental Responsibility Failure to Protect

Case Brief

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Parties

ED

Mother

DL

Father

TF

Child

FL

Child

NF

Former Partner (tf's Father)

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

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

Ratio Decidendi

The court found that the injuries to FL, including rib and clavicle fractures and facial bruising, were non-accidental and caused by excessive force, most probably by the father. The explanation of birth trauma was rejected as unsupported by evidence. The mother was found to have failed to seek timely medical attention, amounting to a failure to protect. The threshold for care proceedings under section 31 Children Act 1989 was met for both parents.

Court Disposition

Findings of non-accidental injury and failure to protect; threshold for care proceedings met.

Orders

  • Further assessment of risk to be conducted by JD and the guardian.
  • Future parenting and risk to both children to be explored in further assessment.