A & B (Children: Fact Find), Re

A & B (Children: Fact Find), Re

Both parents lied about the events of 6 May 2017 and failed to cooperate with the Local Authority. A sustained a bruise while in their care, with no accidental explanation offered, establishing inflicted injury. Both parents are flight risks and have not demonstrated willingness to work honestly with authorities, meeting the threshold for care orders.

Parties
Applicant: A Local Authority; 1st Respondent: Mother; 2nd Respondent: Father; 3rd – 5th Respondents: A and B (Children through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
29 March 2019
Procedural Posture
Care Order Proceedings / Fact Finding Hearing
Outcome
Fact-finding: threshold for care order met; both parents found to have lied and failed to cooperate; inflicted injury established.
Legal Topics
Care Orders, Child Welfare, Physical Abuse, Abduction, Parental Cooperation
Family Law Child Protection Care Orders Child Welfare Physical Abuse Abduction Parental Cooperation

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Parties

A Local Authority

Applicant

Mother

1st Respondent

Father

2nd Respondent

A and B (Children through their Children’s Guardian)

3rd – 5th Respondents

Procedural Posture

Care Order Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the threshold criteria for a care order are met
  2. 2 Whether physical abuse occurred to child A
  3. 3 Whether the parents cooperated honestly with the Local Authority

Ratio Decidendi

Both parents lied about the events of 6 May 2017 and failed to cooperate with the Local Authority. A sustained a bruise while in their care, with no accidental explanation offered, establishing inflicted injury. Both parents are flight risks and have not demonstrated willingness to work honestly with authorities, meeting the threshold for care orders.

Court Disposition

Fact-finding: threshold for care order met; both parents found to have lied and failed to cooperate; inflicted injury established.

Orders

  • Future hearing to determine orders securing welfare of A and B
  • Both parents remain a flight risk