P & Anor, Re [2023] EWFC 276 (B) (22 December 2023)

P & Anor, Re [2023] EWFC 276 (B) (22 December 2023)

The court found that P suffered a non-accidental injury (oblique fracture of the right femur) caused by significant force, most likely inflicted by one of the parents, with neither providing a credible explanation. The injury could not have occurred accidentally or through normal handling. There was insufficient reliable evidence to find that R was exposed to a risk of sexual harm by being left unsupervised with Mr B. The threshold for significant harm under s.31 Children Act 1989 was met in respect of physical harm to P and other admitted matters, but not in respect of sexual harm to R.

Citation
[2023] EWFC 276 (B)
Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondents: The Children (by their Children Guardian)
Jurisdiction
England and Wales
Judgment Date
22 December 2023
Procedural Posture
Care and Placement Orders (children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made: P suffered a non-accidental injury; threshold met for physical harm and other admitted matters; insufficient evidence for risk of sexual harm to R. Welfare and final orders to be determined at a future hearing.
Legal Topics
Care Orders, Placement Orders, Non Accidental Injury, Risk of Sexual Harm, Domestic Abuse, Threshold Criteria, Fact Finding
Family Law Child Protection Care Orders Placement Orders Non Accidental Injury Risk of Sexual Harm Domestic Abuse Threshold Criteria +1 more

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

The Children (by their Children Guardian)

3rd Respondents

Procedural Posture

Care and Placement Orders (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether P suffered a non-accidental/inflicted injury and, if so, by whom
  2. 2 Whether R was placed at risk of sexual harm due to parental actions
  3. 3 Whether threshold criteria under s.31 Children Act 1989 are met

Ratio Decidendi

The court found that P suffered a non-accidental injury (oblique fracture of the right femur) caused by significant force, most likely inflicted by one of the parents, with neither providing a credible explanation. The injury could not have occurred accidentally or through normal handling. There was insufficient reliable evidence to find that R was exposed to a risk of sexual harm by being left unsupervised with Mr B. The threshold for significant harm under s.31 Children Act 1989 was met in respect of physical harm to P and other admitted matters, but not in respect of sexual harm to R.

Court Disposition

Findings of fact made: P suffered a non-accidental injury; threshold met for physical harm and other admitted matters; insufficient evidence for risk of sexual harm to R. Welfare and final orders to be determined at a future hearing.