A Council v Mother & Ors

A Council v Mother & Ors

On the balance of probabilities, the father inflicted non-accidental injuries (rib fracture and bruising) on R by applying excessive force, not solely due to involuntary tics. The mother did not inflict injury and did not fail to protect R, as she was unaware of any risk. The father failed to seek timely medical attention and failed to protect R by handling her despite the risk posed by his tics.

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
06 June 2024
Procedural Posture
Care Order Application (children Act 1989) / Fact Finding Judgment
Outcome
Findings of fact made: Father inflicted non-accidental injuries and failed to protect; mother exonerated of perpetration and failure to protect.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Failure to Protect, Expert Medical Evidence
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Failure to Protect Expert Medical Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

A Council

Applicant

Mother

1st Respondent

Father

2nd Respondent

The Child (by her Children's Guardian)

3rd Respondent

Procedural Posture

Care Order Application (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the child R suffered non-accidental injuries
  2. 2 Whether the injuries were inflicted by the father or mother
  3. 3 Whether the mother failed to protect the child

Ratio Decidendi

On the balance of probabilities, the father inflicted non-accidental injuries (rib fracture and bruising) on R by applying excessive force, not solely due to involuntary tics. The mother did not inflict injury and did not fail to protect R, as she was unaware of any risk. The father failed to seek timely medical attention and failed to protect R by handling her despite the risk posed by his tics.

Court Disposition

Findings of fact made: Father inflicted non-accidental injuries and failed to protect; mother exonerated of perpetration and failure to protect.

Orders

  • Findings made against father for inflicting injuries and failure to protect.
  • No findings against mother for perpetration or failure to protect.