D & R (Children) (Fact Finding; Certain and Uncertain Perpetrator), Re

D & R (Children) (Fact Finding; Certain and Uncertain Perpetrator), Re

The court found, on the balance of probabilities, that C was responsible for the majority of bruising to R and for the assault on D at Y's house, and that the mother was responsible for slapping/hitting D on four occasions. Both adults were found to have engaged in a culture of physical abuse and collusion to cover up injuries. For the fractures and other unexplained injuries to R, both the mother and C were found to be in the pool of perpetrators. Both were found to have seriously failed to protect the children from harm.

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
24 April 2024
Procedural Posture
Care Proceedings / Fact Finding Judgment After Final Hearing
Outcome
Findings of fact made; further assessment ordered before final care/adoption orders.
Legal Topics
Care Orders, Adoption, Non Accidental Injury, Failure to Protect, Neglect, Physical Abuse, Emotional Harm
Family Law Child Protection Care Orders Adoption Non Accidental Injury Failure to Protect Neglect Physical Abuse +1 more

Case Brief

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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 / Fact Finding Judgment After Final Hearing

Legal Issues

  1. 1 Whether the children D and R suffered significant harm and who perpetrated the injuries
  2. 2 Whether the mother and/or C are responsible for physical injuries to the children
  3. 3 Whether there was a failure to protect the children from harm

Ratio Decidendi

The court found, on the balance of probabilities, that C was responsible for the majority of bruising to R and for the assault on D at Y's house, and that the mother was responsible for slapping/hitting D on four occasions. Both adults were found to have engaged in a culture of physical abuse and collusion to cover up injuries. For the fractures and other unexplained injuries to R, both the mother and C were found to be in the pool of perpetrators. Both were found to have seriously failed to protect the children from harm.

Court Disposition

Findings of fact made; further assessment ordered before final care/adoption orders.

Orders

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