F & L v A Local Authority [2009] EWHC 140 (Fam) (30 January 2009)

F & L v A Local Authority [2009] EWHC 140 (Fam) (30 January 2009)

The court found that the original finding of non-accidental head injury (NAHI) to 'Y' was correct on the balance of probabilities, preferring the evidence of Dr. Stoodley over Dr. Squier, and that there was no new evidence sufficient to undermine the previous findings or orders. The parents' applications therefore failed.

Citation
[2009] EWHC 140 (Fam)
Parties
Applicants: F & L; 1st Respondent: A Local Authority; 2nd Respondent: 'A' (by her Guardian)
Jurisdiction
England and Wales
Judgment Date
30 January 2009
Procedural Posture
Family Law Children / Application to Re Open Findings and Related Orders
Outcome
Applications dismissed
Legal Topics
Residence Order, Adoption Proceedings, Media Injunction, Non Accidental Head Injury (nahi), Re Opening of Findings, Expert Medical Evidence
Family Law Child Protection Residence Order Adoption Proceedings Media Injunction Non Accidental Head Injury (nahi) Re Opening of Findings Expert Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

F & L

Applicants

A Local Authority

1st Respondent

'A' (by her Guardian)

2nd Respondent

Procedural Posture

Family Law Children / Application to Re Open Findings and Related Orders

Legal Issues

  1. 1 Whether the original finding of non-accidental head injury (NAHI) to child 'Y' should be set aside in light of new medical evidence
  2. 2 Whether the parents should be permitted to defend the current adoption application in relation to 'A'
  3. 3 Whether the media injunction should be varied

Ratio Decidendi

The court found that the original finding of non-accidental head injury (NAHI) to 'Y' was correct on the balance of probabilities, preferring the evidence of Dr. Stoodley over Dr. Squier, and that there was no new evidence sufficient to undermine the previous findings or orders. The parents' applications therefore failed.

Court Disposition

Applications dismissed

Orders

  • The findings made by District Judge Bradley stand.
  • The parents' applications for a residence order, stay of adoption proceedings, and variation of the media injunction are refused.