A Council v Mother & Ors [2024] EWFC 337 (B) (12 November 2024)

A Council v Mother & Ors [2024] EWFC 337 (B) (12 November 2024)

The court found, on the balance of probabilities, that the mother was the perpetrator of the non-accidental injuries sustained by A, based on the totality of the evidence, the lack of credible explanation, the medical evidence, and the mother's lack of candour and attempts to deflect blame. The threshold for a care order under s.31 Children Act 1989 is met.

Citation
[2024] EWFC 337 (B)
Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: Maternal Grandmother; 4th Respondent: Paternal Grandfather; 5th Respondent: A (by her Children's Guardian); 6th & 7th Respondents: B & C (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
12 November 2024
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Findings made against the mother as perpetrator of non-accidental injuries to A; threshold for care order met; further welfare hearing to determine A's future care.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Identification of Perpetrator, Fact Finding, Child Welfare
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Identification of Perpetrator Fact Finding Child Welfare

Case Brief

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

Maternal Grandmother

3rd Respondent

Paternal Grandfather

4th Respondent

A (by her Children's Guardian)

5th Respondent

B & C (by their Children's Guardian)

6th & 7th Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether A suffered non-accidental/inflicted injuries
  2. 2 Whether the threshold criteria under s.31 Children Act 1989 are met
  3. 3 Whether the injuries were caused by the mother and/or father

Ratio Decidendi

The court found, on the balance of probabilities, that the mother was the perpetrator of the non-accidental injuries sustained by A, based on the totality of the evidence, the lack of credible explanation, the medical evidence, and the mother's lack of candour and attempts to deflect blame. The threshold for a care order under s.31 Children Act 1989 is met.

Court Disposition

Findings made against the mother as perpetrator of non-accidental injuries to A; threshold for care order met; further welfare hearing to determine A's future care.

Orders

  • Findings of fact as set out in the judgment
  • Directions for further welfare hearing regarding A's placement and care planning