H (A Child : Fact Finding)

H (A Child : Fact Finding)

The court found, on the balance of probabilities, that H's injuries were inflicted and not accidental, and that the mother was most likely responsible, based on unified medical expert evidence, lack of credible alternative explanations, and assessment of the mother's conduct and credibility.

Parties
Applicant: A County Council; First Respondent: M; Second Respondent: S; Third Respondent: R; Fourth Respondent: The Child (via his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Family / Fact Finding Judgment
Outcome
Findings made against the mother; Local Authority proved inflicted injuries more likely than not.
Legal Topics
Non Accidental Injury, Care Proceedings, Burden of Proof, Expert Evidence, Child Welfare
Family Law Child Protection Non Accidental Injury Care Proceedings Burden of Proof Expert Evidence Child Welfare

Case Brief

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Parties

A County Council

Applicant

M

First Respondent

S

Second Respondent

R

Third Respondent

The Child (via his Children's Guardian)

Fourth Respondent

Procedural Posture

Family / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to H were inflicted or accidental
  2. 2 Identification of perpetrator of non-accidental injuries
  3. 3 Consideration of alternative medical explanations for injuries

Ratio Decidendi

The court found, on the balance of probabilities, that H's injuries were inflicted and not accidental, and that the mother was most likely responsible, based on unified medical expert evidence, lack of credible alternative explanations, and assessment of the mother's conduct and credibility.

Court Disposition

Findings made against the mother; Local Authority proved inflicted injuries more likely than not.

Orders

  • Mother found responsible for inflicted injuries to H
  • Local Authority's contentions upheld