J & R (Children), Re

J & R (Children), Re

There was no real prospect that further expert evidence or assessment would alter the findings of non-accidental injury; the evidence was clear that the injuries could not be explained by underlying medical conditions, and delay would be contrary to the children's welfare.

Parties
Applicant: A Local Authority; 1st Respondent Father: NB; 2nd Respondent Mother: NO
Jurisdiction
England and Wales
Judgment Date
15 July 2013
Procedural Posture
Care Proceedings / Application for Adjournment and Further Assessment After Final Care Orders
Outcome
Applications for adjournment and further assessment refused; placement orders made.
Legal Topics
Care Orders, Non Accidental Injury, Expert Evidence, Placement Orders, Reopening Findings
Family Law Child Protection Care Orders Non Accidental Injury Expert Evidence Placement Orders Reopening Findings

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Parties

A Local Authority

Applicant

NB

1st Respondent Father

NO

2nd Respondent Mother

Procedural Posture

Care Proceedings / Application for Adjournment and Further Assessment After Final Care Orders

Legal Issues

  1. 1 Whether to adjourn proceedings for further expert evidence on bony fragility/Ehlers-Danlos Syndrome
  2. 2 Whether to permit further assessment of the parents
  3. 3 Whether previous findings of non-accidental injury should be revisited in light of new case law

Ratio Decidendi

There was no real prospect that further expert evidence or assessment would alter the findings of non-accidental injury; the evidence was clear that the injuries could not be explained by underlying medical conditions, and delay would be contrary to the children's welfare.

Court Disposition

Applications for adjournment and further assessment refused; placement orders made.

Orders

  • Application for open-ended adjournment refused
  • Application for further expert evidence from Professor Pope refused