P & Anor, Re

P & Anor, Re

On the balance of probabilities, the father recklessly caused P's femur fracture while changing his nappy; mother neither caused nor witnessed the injury and is not responsible. No evidence supports finding that R was exposed to risk of sexual harm through unsupervised contact with Mr B; all contact was supervised. Threshold criteria for physical harm proven against father, not mother. Allegations of sexual harm not proven against either parent.

Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondents: The Children (by their Children Guardian)
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Care and Placement Order Applications / Fact Finding Hearing
Outcome
Findings made as stated: father recklessly caused P's injury; mother exonerated; allegations of risk of sexual harm not proven.
Legal Topics
Care Orders, Placement Orders, Non Accidental Injury, Risk of Sexual Harm, Domestic Abuse, Threshold Criteria
Family Law Child Protection Care Orders Placement Orders Non Accidental Injury Risk of Sexual Harm Domestic Abuse Threshold Criteria

Case Brief

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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 Order Applications / Fact Finding Hearing

Legal Issues

  1. 1 Whether P suffered a non-accidental/inflicted injury and identification of perpetrator
  2. 2 Whether R was placed at risk of sexual harm due to parental actions
  3. 3 Assessment of parental supervision and engagement with professionals

Ratio Decidendi

On the balance of probabilities, the father recklessly caused P's femur fracture while changing his nappy; mother neither caused nor witnessed the injury and is not responsible. No evidence supports finding that R was exposed to risk of sexual harm through unsupervised contact with Mr B; all contact was supervised. Threshold criteria for physical harm proven against father, not mother. Allegations of sexual harm not proven against either parent.

Court Disposition

Findings made as stated: father recklessly caused P's injury; mother exonerated; allegations of risk of sexual harm not proven.

Orders

  • Local authority invited to reconsider threshold and return matter to ADM; remaining threshold issues to be revisited; future welfare and orders for P and R to be considered at subsequent hearing.