A Local Authority v XYZ (No 1)

A Local Authority v XYZ (No 1)

The rib injury to R was a non-accidental injury caused by severe squeezing by an adult. The foster carers are excluded from the pool of perpetrators. The evidence is unsatisfactory as to whether the Mother or the Uncle caused the injury; both remain in the pool of possible perpetrators as there is a real possibility either inflicted the injury, but the court cannot identify which one on the balance of probabilities.

Parties
Applicant: A Local Authority; First Respondent: X (The Mother); Second Respondent: Y (by his Guardian, G); Third Respondent: Z (the Father); First and Second Interveners: P and Q (Foster Carers); Third Intervener: U (Maternal Uncle)
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Care Proceedings and Application for Placement Order / Interim Judgment Following Fact Finding Hearing
Outcome
Foster carers excluded from pool of perpetrators; Mother and Uncle remain in pool; non-accidental injury found; no final care or placement order made in this interim judgment.
Legal Topics
Care Orders, Non Accidental Injury, Fact Finding, Pool of Perpetrators, Burden and Standard of Proof
Family Law Child Protection Care Orders Non Accidental Injury Fact Finding Pool of Perpetrators Burden and Standard of Proof

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Parties

A Local Authority

Applicant

X (The Mother)

First Respondent

Y (by his Guardian, G)

Second Respondent

Z (the Father)

Third Respondent

P and Q (Foster Carers)

First and Second Interveners

U (Maternal Uncle)

Third Intervener

Procedural Posture

Care Proceedings and Application for Placement Order / Interim Judgment Following Fact Finding Hearing

Legal Issues

  1. 1 Whether the rib injury to R was accidental or non-accidental
  2. 2 Whether the pool of possible perpetrators can be narrowed
  3. 3 Whether the Mother or the Uncle can be excluded as perpetrators

Ratio Decidendi

The rib injury to R was a non-accidental injury caused by severe squeezing by an adult. The foster carers are excluded from the pool of perpetrators. The evidence is unsatisfactory as to whether the Mother or the Uncle caused the injury; both remain in the pool of possible perpetrators as there is a real possibility either inflicted the injury, but the court cannot identify which one on the balance of probabilities.

Court Disposition

Foster carers excluded from pool of perpetrators; Mother and Uncle remain in pool; non-accidental injury found; no final care or placement order made in this interim judgment.