A v W & Ors No 1 (Fact Finding) [2016] EWFC 64 (15 December 2016)

A v W & Ors No 1 (Fact Finding) [2016] EWFC 64 (15 December 2016)

The court found, on the balance of probabilities, that MNW suffered at least two episodes of non-accidental injury while in the care of his parents, including acute neurotrauma and fractures, and that neither parent provided a credible account. Both parents were found to be in the pool of possible perpetrators. The threshold for care orders under s.31 Children Act 1989 was met. The welfare of the children required that they not be returned to parental care at this stage.

Citation
[2016] EWFC 64
Parties
Applicant: A Local Authority; 1st Respondent: CM; 2nd Respondent: LW; 3rd Respondent (child, by Guardian): MYW; 4th Respondent (child, by Guardian): MNW; 1st Intervenor: DW; Party/grandmother: KY
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Care Proceedings (public Law, Child Protection) / Fact Finding Judgment
Outcome
Findings of fact made; threshold for care orders met; children not to be returned to parents at this stage.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Welfare of the Child, Burden of Proof, Expert Medical Evidence
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Welfare of the Child Burden of Proof Expert Medical Evidence

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Parties

A Local Authority

Applicant

CM

1st Respondent

LW

2nd Respondent

MYW

3rd Respondent (child, by Guardian)

MNW

4th Respondent (child, by Guardian)

DW

1st Intervenor

KY

Party/grandmother

Procedural Posture

Care Proceedings (public Law, Child Protection) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for MYW and MNW
  2. 2 Whether injuries to MNW were non-accidental and, if so, who perpetrated them
  3. 3 Whether the children should remain in foster/kinship care or be returned to parental care

Ratio Decidendi

The court found, on the balance of probabilities, that MNW suffered at least two episodes of non-accidental injury while in the care of his parents, including acute neurotrauma and fractures, and that neither parent provided a credible account. Both parents were found to be in the pool of possible perpetrators. The threshold for care orders under s.31 Children Act 1989 was met. The welfare of the children required that they not be returned to parental care at this stage.

Court Disposition

Findings of fact made; threshold for care orders met; children not to be returned to parents at this stage.

Orders

  • Interim care orders for both children confirmed.
  • Children to remain in current foster/kinship placements.