A Council v Mother & Ors

A Council v Mother & Ors

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 any other party. The explanations provided by the mother and intervenor were plausible and consistent with the medical evidence. There was no evidence of propensity or failure to protect. No findings of non-accidental injury or perpetration are made.

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
24 June 2024
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
No findings of non-accidental harm or perpetration; application for findings dismissed.
Legal Topics
Non Accidental Injury, Burden of Proof, Fact Finding, Care Orders, Parenting Assessment
Family Law Child Protection Non Accidental Injury Burden of Proof Fact Finding Care Orders Parenting Assessment

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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/inflicted
  2. 2 If so, whether the mother or any other party was the perpetrator

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 any other party. The explanations provided by the mother and intervenor were plausible and consistent with the medical evidence. There was no evidence of propensity or failure to protect. No findings of non-accidental injury or perpetration are made.

Court Disposition

No findings of non-accidental harm or perpetration; application for findings dismissed.

Orders

  • No findings of non-accidental injury or perpetration against the mother or intervenor.
  • No care order made at this stage; future welfare hearing to be considered if necessary.