C1 and C2 (Children: Fact Finding), Re

C1 and C2 (Children: Fact Finding), Re

The court found that C1's fracture was caused accidentally by the Paternal Grandmother exerting inappropriate force while dressing C1 on 24 December 2023. The Local Authority did not prove non-accidental injury by any carer. The parents unreasonably failed to seek medical attention for C1 from 25 to 27 December 2023, meeting threshold under s.31(2) Children Act 1989. The Father perpetrated domestic abuse against the Mother, exposing the children to risk of significant harm. The Father lied to the court about C1's presentation to avoid blame for not seeking medical attention, which also met threshold. There was insufficient evidence that the Mother failed to protect the children to the...

Parties
Applicant: A Berkshire Council; First Respondent: Mother; Second Respondent: Father; Third Respondent (child): C1; Fourth Respondent (child): C2; Intervenor: Paternal Grandmother
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Care Proceedings (children) / Fact Finding Judgment
Outcome
Findings of fact made; threshold met for care proceedings under s.31(2) Children Act 1989.
Legal Topics
Care Orders, Threshold Criteria, Non Accidental Injury, Domestic Abuse, Failure to Protect, Medical Neglect
Family Law Child Protection Care Orders Threshold Criteria Non Accidental Injury Domestic Abuse Failure to Protect Medical Neglect

Case Brief

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Parties

A Berkshire Council

Applicant

Mother

First Respondent

Father

Second Respondent

C1

Third Respondent (child)

C2

Fourth Respondent (child)

Paternal Grandmother

Intervenor

Procedural Posture

Care Proceedings (children) / Fact Finding Judgment

Legal Issues

  1. 1 Whether C1's fracture was non-accidentally inflicted and by whom
  2. 2 Whether threshold under section 31(2) Children Act 1989 is met
  3. 3 Whether the parents failed to seek prompt medical attention for C1

Ratio Decidendi

The court found that C1's fracture was caused accidentally by the Paternal Grandmother exerting inappropriate force while dressing C1 on 24 December 2023. The Local Authority did not prove non-accidental injury by any carer. The parents unreasonably failed to seek medical attention for C1 from 25 to 27 December 2023, meeting threshold under s.31(2) Children Act 1989. The Father perpetrated domestic abuse against the Mother, exposing the children to risk of significant harm. The Father lied to the court about C1's presentation to avoid blame for not seeking medical attention, which also met threshold. There was insufficient evidence that the Mother failed to protect the children to the...

Court Disposition

Findings of fact made; threshold met for care proceedings under s.31(2) Children Act 1989.

Orders

  • The court found C1's fracture was caused accidentally by the Paternal Grandmother.
  • The parents unreasonably failed to seek medical attention for C1 from 25 to 27 December 2023.