HB (A Child) (care proceedings) [2015] EWFC 74 (05 March 2015)

The local authority failed to prove on the balance of probabilities that R's death was caused by non-accidental injury by either parent or that H was at risk of significant harm. The medical evidence was inconclusive, and the parents were found to be credible and caring. None of the threshold allegations were established.

Citation: [2015] EWFC 74
Parties: Applicant: A Local Authority; First Respondent (mother): AF; Second Respondent (father): CB; Third Respondent (child, by Guardian): HB (by her children’s guardian)
Jurisdiction: England and Wales
Judgment Date: 05 March 2015
Procedural Posture: Care Proceedings Under the Children Act 1989 / Fact Finding Hearing
Outcome: Application for a care order dismissed
Legal Topics: Care Orders, Threshold Criteria, Non Accidental Injury, Sudden Infant Death, Burden of Proof, Expert Evidence

Family Law Child Protection Care Orders Threshold Criteria Non Accidental Injury Sudden Infant Death Burden of Proof Expert Evidence

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Parties

A Local Authority

Applicant

First Respondent (mother)

Second Respondent (father)

HB (by her children’s guardian)

Third Respondent (child, by Guardian)

Procedural Posture

Care Proceedings Under the Children Act 1989 / Fact Finding Hearing

Legal Issues

1 Whether the threshold for a care order under section 31(2) of the Children Act 1989 is met
2 Whether the death of R was caused by non-accidental injury by either parent
3 Whether H is at risk of significant harm in the care of her parents

Ratio Decidendi

Court Disposition

Application for a care order dismissed

Orders

The local authority's application for a care order in respect of H is dismissed.