A Council v Mother & Ors [2024] EWFC 122 (B) (31 May 2024)

A Council v Mother & Ors [2024] EWFC 122 (B) (31 May 2024)

On the balance of probabilities, the father caused the rib fracture and bruising to R by applying excessive and inappropriate force during episodes of stress and/or loss of control, not solely as a result of involuntary tics. The mother did not cause any injury and was unaware of the risk; no finding of failure to...

Source-derived case information.

Citation
[2024] EWFC 122 (B)
Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: The Child (by her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
31 May 2024
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made: father caused non-accidental injuries to R; mother exonerated; threshold for care order met.
Legal Topics
Non Accidental Injury, Care Orders, Threshold Criteria, Failure to Protect, Expert Medical Evidence
Family Law Child Protection Non Accidental Injury Care Orders Threshold Criteria Failure to Protect Expert Medical Evidence

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Summary, issues, holding and outcome

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

The Child (by her Children's Guardian)

3rd Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

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

Ratio Decidendi

On the balance of probabilities, the father caused the rib fracture and bruising to R by applying excessive and inappropriate force during episodes of stress and/or loss of control, not solely as a result of involuntary tics. The mother did not cause any injury and was unaware of the risk; no finding of failure to protect is made against her. The threshold for a care order under s.31 Children Act 1989 is met due to significant harm suffered by R while in parental care.

Court Disposition

Findings of fact made: father caused non-accidental injuries to R; mother exonerated; threshold for care order met.

Orders

  • No findings against mother for perpetration or failure to protect.
  • Findings against father for causing injuries to R.