AA (A child), Re
The local authority has not proved on a balance of probabilities that the mother smothered either J or B; however, the mother was responsible for significant acts of neglect of all the children, satisfying the threshold conditions under Section 31 of the Children Act.
- Parties
- Applicant: A LOCAL AUTHORITY; 1st Respondent: A MOTHER; 2nd Respondent: GM; 3rd Respondent: DA; 4th Respondent: AA (by her children’s guardian)
- Jurisdiction
- England and Wales
- Judgment Date
- 29 June 2012
- Procedural Posture
- Care Proceedings / Fact Finding Judgment
- Outcome
- Threshold for care order satisfied on basis of neglect; not satisfied for smothering or deliberate harm.
- Legal Topics
- Care Orders, Neglect, Child Death, Expert Evidence, Threshold Criteria
Case Brief
Summary, issues, holding and outcome
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Parties
A LOCAL AUTHORITY
Applicant
A MOTHER
1st Respondent
GM
2nd Respondent
DA
3rd Respondent
AA (by her children’s guardian)
4th Respondent
Procedural Posture
Care Proceedings / Fact Finding Judgment
Legal Issues
- 1 Whether the mother neglected her children
- 2 Whether the mother was responsible for the deaths of J and B by asphyxiation
Ratio Decidendi
The local authority has not proved on a balance of probabilities that the mother smothered either J or B; however, the mother was responsible for significant acts of neglect of all the children, satisfying the threshold conditions under Section 31 of the Children Act.
Court Disposition
Threshold for care order satisfied on basis of neglect; not satisfied for smothering or deliberate harm.
Orders
- Proceedings to continue on basis that mother did not smother the boys.
- Mother found responsible for significant acts of neglect.
Full Case Text
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