A Council v Mother & Ors [2024] EWFC 146 (B) (21 June 2024)

A Council v Mother & Ors [2024] EWFC 146 (B) (21 June 2024)

The Local Authority failed to prove on the balance of probabilities that H's injuries were non-accidental or deliberately inflicted by the mother or intervenor. The explanations provided by the mother and intervenor were plausible and consistent with the medical evidence. There was no evidence of propensity to harm,...

Source-derived case information.

Citation
[2024] EWFC 146 (B)
Parties
Applicant: A Council; 1st Respondent: Mother; 2nd Respondent: Father; 3rd Respondent: H (by his Children's Guardian); Intervenor: The Intervenor
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
No findings of non-accidental harm or against the mother or intervenor; Local Authority did not discharge the burden of proof.
Legal Topics
Non Accidental Injury, Care Orders, Burden of Proof, Fact Finding, Child Welfare
Family Law Child Protection Non Accidental Injury Care Orders Burden of Proof Fact Finding Child Welfare

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Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

H (by his Children's Guardian)

3rd Respondent

The Intervenor

Intervenor

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether H's injuries were non-accidental or inflicted
  2. 2 If so, whether the mother or intervenor perpetrated the injuries

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that H's injuries were non-accidental or deliberately inflicted by the mother or intervenor. The explanations provided by the mother and intervenor were plausible and consistent with the medical evidence. There was no evidence of propensity to harm, and the evidence did not support a finding of non-accidental injury.

Court Disposition

No findings of non-accidental harm or against the mother or intervenor; Local Authority did not discharge the burden of proof.