A County Council v A Mother & Ors

A County Council v A Mother & Ors

The court found, on the balance of probabilities, that A's injuries were inflicted and not caused by any medical or genetic condition. The mother was found to be responsible for the injuries, and the father failed to protect A. The expert evidence supporting a medical/genetic explanation was rejected, particularly the evidence of Professor Holick, which was found to lack scientific rigour and objectivity. The court relied on the consensus of domestic experts and the parents' conduct.

Parties
Applicant: A County Council; 1st Respondent: A Mother; 2nd Respondent: A Father; 3rd & 4th Respondents: Maternal grandparents; 5th and 6th Respondents: A & B by their Guardian
Jurisdiction
England and Wales
Judgment Date
30 November 2018
Procedural Posture
Care Proceedings (child Protection) / Fact Finding Hearing and Postscript on Rehabilitation
Outcome
Findings of fact made; Supervision Order granted for 6 months; children rehabilitated to parents' care
Legal Topics
Non Accidental Injury, Expert Evidence, Burden of Proof, Rehabilitation of Children, Supervision Order
Family Law Child Protection Non Accidental Injury Expert Evidence Burden of Proof Rehabilitation of Children Supervision Order

Case Brief

Summary, issues, holding and outcome

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Parties

A County Council

Applicant

A Mother

1st Respondent

A Father

2nd Respondent

Maternal grandparents

3rd & 4th Respondents

A & B by their Guardian

5th and 6th Respondents

Procedural Posture

Care Proceedings (child Protection) / Fact Finding Hearing and Postscript on Rehabilitation

Legal Issues

  1. 1 Whether the injuries sustained by child A were inflicted or the result of a medical/genetic condition
  2. 2 Whether the mother or father was responsible for the injuries
  3. 3 Whether the children could be safely rehabilitated to parental care

Ratio Decidendi

The court found, on the balance of probabilities, that A's injuries were inflicted and not caused by any medical or genetic condition. The mother was found to be responsible for the injuries, and the father failed to protect A. The expert evidence supporting a medical/genetic explanation was rejected, particularly the evidence of Professor Holick, which was found to lack scientific rigour and objectivity. The court relied on the consensus of domestic experts and the parents' conduct.

Court Disposition

Findings of fact made; Supervision Order granted for 6 months; children rehabilitated to parents' care

Orders

  • Findings that A's injuries were inflicted by the mother
  • Supervision Order for 6 months