D & R (Children) (Fact Finding; Certain and Uncertain Perpetrator), Re [2023] EWFC 305 (08 December 2023)

D & R (Children) (Fact Finding; Certain and Uncertain Perpetrator), Re [2023] EWFC 305 (08 December 2023)

The court found that both the mother and C were in the pool of perpetrators for the inflicted injuries to R and D, as it was not possible to identify the sole perpetrator on the balance of probabilities. Both failed to protect the children from harm, colluded to conceal injuries, and prioritised their own interests over the children's welfare. The threshold criteria for care orders under s.31 Children Act 1989 were met.

Citation
[2023] EWFC 305
Parties
Applicant: A Local Authority; First Respondent: S; Second Respondent: B; Third Respondent: C; Fourth and Fifth Respondent Children: D & R (through their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
08 December 2023
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Findings of fact made; both mother and C in pool of perpetrators; threshold for care orders met; declaration to be made regarding R's paternity; further assessment ordered before final welfare decisions.
Legal Topics
Care Orders, Adoption, Non Accidental Injury, Threshold Criteria, Pool of Perpetrators, Failure to Protect, Fact Finding, Physical Abuse, Neglect, Emotional Harm
Family Law Child Protection Care Orders Adoption Non Accidental Injury Threshold Criteria Pool of Perpetrators Failure to Protect +4 more

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Parties

A Local Authority

Applicant

S

First Respondent

B

Second Respondent

C

Third Respondent

D & R (through their Children's Guardian)

Fourth and Fifth Respondent Children

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether D and R suffered significant harm attributable to the care given by their parents or C
  2. 2 Whether physical injuries to R and D were non-accidental and, if so, who perpetrated them
  3. 3 Whether the mother and/or C are in the pool of perpetrators for the inflicted injuries

Ratio Decidendi

The court found that both the mother and C were in the pool of perpetrators for the inflicted injuries to R and D, as it was not possible to identify the sole perpetrator on the balance of probabilities. Both failed to protect the children from harm, colluded to conceal injuries, and prioritised their own interests over the children's welfare. The threshold criteria for care orders under s.31 Children Act 1989 were met.

Court Disposition

Findings of fact made; both mother and C in pool of perpetrators; threshold for care orders met; declaration to be made regarding R's paternity; further assessment ordered before final welfare decisions.

Orders

  • Declaration that C is not R's father to be made as agreed by counsel
  • Independent social worker to assess B's ability to care for D