A Council v H & Ors

A Council v H & Ors

Although O suffered a non-accidental metaphyseal fracture while in the care of his parents, the event was a single, unexplained incident over two years prior to the proceedings, with no subsequent evidence of aggression, violence, or risk from either parent. Extensive supervised observation and positive evidence about the parents' care of S and B demonstrated no real possibility of significant harm to either child at the relevant date. Therefore, the threshold criteria under s.31 Children Act 1989 were not met for S or B.

Parties
Applicant: A Council; 1st Respondent: H; 2nd Respondent: B; 3rd Respondent: I; 4th and 5th Respondent: B and S (Minors, by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Care Proceedings / Fact Finding Judgment on Threshold Criteria
Outcome
Threshold criteria not met; care proceedings not justified.
Legal Topics
Care Proceedings, Threshold Criteria, Non Accidental Injury, Significant Harm, Expert Medical Evidence
Family Law Child Protection Care Proceedings Threshold Criteria Non Accidental Injury Significant Harm Expert Medical Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

A Council

Applicant

H

1st Respondent

B

2nd Respondent

I

3rd Respondent

B and S (Minors, by their Children’s Guardian)

4th and 5th Respondent

Procedural Posture

Care Proceedings / Fact Finding Judgment on Threshold Criteria

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for S and B
  2. 2 Whether either parent caused non-accidental injury to O
  3. 3 Whether S or B are likely to suffer significant harm in the care of their parents

Ratio Decidendi

Although O suffered a non-accidental metaphyseal fracture while in the care of his parents, the event was a single, unexplained incident over two years prior to the proceedings, with no subsequent evidence of aggression, violence, or risk from either parent. Extensive supervised observation and positive evidence about the parents' care of S and B demonstrated no real possibility of significant harm to either child at the relevant date. Therefore, the threshold criteria under s.31 Children Act 1989 were not met for S or B.

Court Disposition

Threshold criteria not met; care proceedings not justified.

Orders

  • No findings of significant harm or likelihood thereof for S or B.
  • Proceedings to end; family to continue under child in need plan.