A LOCAL AUTHORITY v BB & Ors

A LOCAL AUTHORITY v BB & Ors

The court found that the cause of AD’s injuries (fractures and bruises) remains unknown; neither inflicted injury nor rough handling by parents nor birth injury could be proven to the requisite standard. The threshold criteria for care proceedings were not met as harm could not be attributed to parental care falling below reasonable standards.

Parties
Applicant: A Local Authority; First Respondent (mother): BB; Second Respondent (father): JD; Third Respondent (child by Children’s Guardian): AD (A Child); Intervenor (paternal Aunt): JD2
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Application for care order dismissed; proceedings ended.
Legal Topics
Care Orders, Threshold Criteria, Non Accidental Injury, Medical Evidence, Burden of Proof
Family Law Child Protection Care Orders Threshold Criteria Non Accidental Injury Medical Evidence Burden of Proof

Case Brief

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Parties

A Local Authority

Applicant

BB

First Respondent (mother)

JD

Second Respondent (father)

AD (A Child)

Third Respondent (child by Children’s Guardian)

JD2

Intervenor (paternal Aunt)

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries sustained by AD were inflicted, non-accidental, or attributable to parental care
  2. 2 Whether threshold criteria under s.31 Children Act 1989 are met
  3. 3 Causation of unexplained injuries and bruising

Ratio Decidendi

The court found that the cause of AD’s injuries (fractures and bruises) remains unknown; neither inflicted injury nor rough handling by parents nor birth injury could be proven to the requisite standard. The threshold criteria for care proceedings were not met as harm could not be attributed to parental care falling below reasonable standards.

Court Disposition

Application for care order dismissed; proceedings ended.

Orders

  • No adverse findings made against JD2; permission to disclose order to professional agencies.
  • Parents urged to work with local authority and guardian for transition of AD’s care.