AD & AM (Fact-Finding: Re-Hearing)

AD & AM (Fact-Finding: Re-Hearing)

There is no identifiable probable cause for AD’s osteopaenia; the evidence does not support bone weakness in the skull or accidental causation. The significant traumatic event causing AD’s injuries occurred shortly before paramedics were called, and the mother inflicted serious head injuries. The vertebral fractures may not have been non-accidental; previous finding on this point withdrawn.

Parties
Mother: MB; Father: FB; Local Authority: London Borough of Newham; Children's Guardian: Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
16 November 2016
Procedural Posture
Care Proceedings / Fact Finding Re Hearing
Outcome
Previous findings largely upheld; mother found to have inflicted serious head injuries; finding of non-accidental vertebral fractures withdrawn.
Legal Topics
Non Accidental Injury, Expert Evidence, Burden of Proof, Re Hearing, Child Welfare
Family Law Child Protection Non Accidental Injury Expert Evidence Burden of Proof Re Hearing Child Welfare

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Parties

MB

Mother

FB

Father

London Borough of Newham

Local Authority

Children’s Guardian

Children's Guardian

Procedural Posture

Care Proceedings / Fact Finding Re Hearing

Legal Issues

  1. 1 Whether previous findings of non-accidental injury to AD should be set aside
  2. 2 Causation of osteopaenia and fractures
  3. 3 Timing and mechanism of injuries

Ratio Decidendi

There is no identifiable probable cause for AD’s osteopaenia; the evidence does not support bone weakness in the skull or accidental causation. The significant traumatic event causing AD’s injuries occurred shortly before paramedics were called, and the mother inflicted serious head injuries. The vertebral fractures may not have been non-accidental; previous finding on this point withdrawn.

Court Disposition

Previous findings largely upheld; mother found to have inflicted serious head injuries; finding of non-accidental vertebral fractures withdrawn.

Orders

  • Shared residence order and supervision order remain in place.
  • Anonymity of children and family strictly preserved in published judgment.