A County Council v A & Ors

A County Council v A & Ors

The court found, on the balance of probabilities, that X suffered both older and acute inflicted injuries resulting in her death, and that either the mother or the father was responsible for both sets of injuries. Neither parent gave a truthful account, each lied to protect themselves and/or the other, and both are in the pool of possible perpetrators. The threshold criteria for care proceedings regarding Z were met due to the risk of substantial physical and emotional harm arising from the uncertainty as to which parent inflicted X’s injuries and the volatile parental relationship.

Parties
Applicant: A County Council; Respondent: A; Respondent: B; Respondent: Z (A Minor, by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings of fact made; threshold criteria for care proceedings met; both parents in pool of possible perpetrators; Z at risk of significant harm.
Legal Topics
Non Accidental Injury, Threshold Criteria, Identification of Perpetrator, Significant Harm, Care Orders
Family Law Child Protection Non Accidental Injury Threshold Criteria Identification of Perpetrator Significant Harm Care Orders

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Parties

A County Council

Applicant

A

Respondent

B

Respondent

Z (A Minor, by her Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Responsibility for X’s death and earlier non-accidental injury
  2. 2 Whether Z was at risk of significant harm in the care of her parents
  3. 3 Identification of perpetrator(s) of inflicted injuries to X

Ratio Decidendi

The court found, on the balance of probabilities, that X suffered both older and acute inflicted injuries resulting in her death, and that either the mother or the father was responsible for both sets of injuries. Neither parent gave a truthful account, each lied to protect themselves and/or the other, and both are in the pool of possible perpetrators. The threshold criteria for care proceedings regarding Z were met due to the risk of substantial physical and emotional harm arising from the uncertainty as to which parent inflicted X’s injuries and the volatile parental relationship.

Court Disposition

Findings of fact made; threshold criteria for care proceedings met; both parents in pool of possible perpetrators; Z at risk of significant harm.

Orders

  • Findings of fact as per schedule attached to judgment
  • Threshold criteria under section 31(2) Children Act 1989 satisfied