A County Council v AB & Ors

A County Council v AB & Ors

On the balance of probabilities, F’s injuries (rib fractures, bite mark, bruising) were inflicted in life by either or both parents, and his death was caused by asphyxia due to imposed upper airway obstruction and/or chest compression. Both parents lied about the events and failed to protect F. The threshold criteria under s.31(2) Children Act 1989 are satisfied in respect of E, who cannot safely be returned to her parents’ care.

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 / Final Judgment After Fact Finding Hearing
Outcome
Threshold criteria satisfied; special guardianship order granted for E to paternal grandparents; parents’ contact to be supervised.
Legal Topics
Care Proceedings, Threshold Criteria, Inflicted Injury, Asphyxia, Expert Evidence, Parental Responsibility, Special Guardianship Order
Family Law Child Protection Care Proceedings Threshold Criteria Inflicted Injury Asphyxia Expert Evidence Parental Responsibility +1 more

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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 / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the injuries and death of F were caused non-accidentally and by whom
  2. 2 Whether the threshold criteria under s.31(2) Children Act 1989 are satisfied in respect of E
  3. 3 Whether E can safely be returned to the care of her parents

Ratio Decidendi

On the balance of probabilities, F’s injuries (rib fractures, bite mark, bruising) were inflicted in life by either or both parents, and his death was caused by asphyxia due to imposed upper airway obstruction and/or chest compression. Both parents lied about the events and failed to protect F. The threshold criteria under s.31(2) Children Act 1989 are satisfied in respect of E, who cannot safely be returned to her parents’ care.

Court Disposition

Threshold criteria satisfied; special guardianship order granted for E to paternal grandparents; parents’ contact to be supervised.

Orders

  • E to live with paternal grandparents under special guardianship order
  • Parents to have regular, supervised contact with E