L and K (Children : Application for Care Orders) (Rev 3)

L and K (Children : Application for Care Orders) (Rev 3)

The medical evidence most cogently explains N's injuries as resulting from shaking and impact, not an accidental fall. The father's account is implausible and unreliable. As N was in his father's sole care, the father is found to be the perpetrator of the injuries. Threshold criteria under Section 31(2) Children Act 1989 are met.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd Respondent: L and K (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
19 November 2020
Procedural Posture
Care Order Application / Final Judgment After Fact Finding Hearing
Outcome
Care Orders granted; threshold criteria met.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Expert Evidence, Standard of Proof
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Expert Evidence Standard of Proof

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Parties

A Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

L and K (by their Children’s Guardian)

3rd Respondent

Procedural Posture

Care Order Application / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries leading to N's death were caused by accidental fall or non-accidental shaking/impact
  2. 2 Whether threshold criteria under Section 31(2) Children Act 1989 are met
  3. 3 Credibility of father's account of events

Ratio Decidendi

The medical evidence most cogently explains N's injuries as resulting from shaking and impact, not an accidental fall. The father's account is implausible and unreliable. As N was in his father's sole care, the father is found to be the perpetrator of the injuries. Threshold criteria under Section 31(2) Children Act 1989 are met.

Court Disposition

Care Orders granted; threshold criteria met.

Orders

  • Care Orders in respect of K and L granted.
  • Father found to have perpetrated non-accidental injuries to N.