A County Council v AB & Ors [2015] EWFC 82 (28 October 2015)

A County Council v AB & Ors [2015] EWFC 82 (28 October 2015)

On the balance of probabilities, F's injuries (bite mark, wrist bruise, rib fractures) were inflicted in life and not as a result of resuscitation. The cause of death was asphyxia due to deliberate airway obstruction. Either AB or CD inflicted the injuries and caused F's death; the other parent failed to protect F....

Source-derived case information.

Citation
[2015] EWFC 82
Parties
Applicant: A County Council; First Respondent: AB; Second Respondent: CD; Third Respondent: E (through her Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Care Proceedings (family Division) / Composite Final Hearing With Fact Finding
Outcome
Findings of fact made as sought by the local authority; threshold for care proceedings met.
Legal Topics
Care Proceedings, Fact Finding Hearing, Non Accidental Injury, Infant Death, Burden of Proof, Expert Evidence, Threshold Criteria
Family Law Child Protection Care Proceedings Fact Finding Hearing Non Accidental Injury Infant Death Burden of Proof Expert Evidence +1 more

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Summary, issues, holding and outcome

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Parties

A County Council

Applicant

AB

First Respondent

CD

Second Respondent

E (through her Children's Guardian)

Third Respondent

Procedural Posture

Care Proceedings (family Division) / Composite Final Hearing With Fact Finding

Legal Issues

  1. 1 Whether the injuries sustained by F were inflicted non-accidentally
  2. 2 Whether F's death was caused by asphyxia and deliberate obstruction of airways
  3. 3 Whether either or both parents are responsible for the injuries and death

Ratio Decidendi

On the balance of probabilities, F's injuries (bite mark, wrist bruise, rib fractures) were inflicted in life and not as a result of resuscitation. The cause of death was asphyxia due to deliberate airway obstruction. Either AB or CD inflicted the injuries and caused F's death; the other parent failed to protect F. Both parents are in the pool of possible perpetrators. The threshold criteria for care proceedings are met.

Court Disposition

Findings of fact made as sought by the local authority; threshold for care proceedings met.

Orders

  • E remains subject to interim care order and placed with paternal grandparents.
  • Anonymity of the children and family members to be strictly preserved.