S (A Child) (Care Proceedings; Surrogacy) [2015] EWFC 99 (08 December 2015)

S (A Child) (Care Proceedings; Surrogacy) [2015] EWFC 99 (08 December 2015)

The court found that S suffered non-accidental injuries caused by trauma inflicted by one or more of her carers between 6th and 13th February 2015. The threshold criteria under s.31 Children Act 1989 were met. The court could not identify a single perpetrator on the balance of probabilities but found that K, D, and Mrs A were all in the pool of possible perpetrators. K did not deliberately fail to protect S, but his decision to allow D unsupervised care despite knowledge of D's cognitive impairment was a relevant factor.

Citation
[2015] EWFC 99
Parties
Applicant: A Local Authority; First Respondent: W; Second Respondent: K; Third Respondent: D; Fourth Respondent: S (by her children's guardian); Intervener: Mrs A
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Care Proceedings Under the Children Act 1989 / Fact Finding Judgment Following Hearing
Outcome
Threshold for care proceedings met; S remains in foster care pending further welfare determination.
Legal Topics
Care Proceedings, Surrogacy, Non Accidental Injury, Threshold Criteria, Parental Responsibility, Expert Evidence
Family Law Child Protection Care Proceedings Surrogacy Non Accidental Injury Threshold Criteria Parental Responsibility Expert Evidence

Case Brief

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Parties

A Local Authority

Applicant

W

First Respondent

K

Second Respondent

D

Third Respondent

S (by her children's guardian)

Fourth Respondent

Mrs A

Intervener

Procedural Posture

Care Proceedings Under the Children Act 1989 / Fact Finding Judgment Following Hearing

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for S
  2. 2 Whether S's injuries were caused by non-accidental trauma
  3. 3 Identification of possible perpetrator(s) of the injuries

Ratio Decidendi

The court found that S suffered non-accidental injuries caused by trauma inflicted by one or more of her carers between 6th and 13th February 2015. The threshold criteria under s.31 Children Act 1989 were met. The court could not identify a single perpetrator on the balance of probabilities but found that K, D, and Mrs A were all in the pool of possible perpetrators. K did not deliberately fail to protect S, but his decision to allow D unsupervised care despite knowledge of D's cognitive impairment was a relevant factor.

Court Disposition

Threshold for care proceedings met; S remains in foster care pending further welfare determination.

Orders

  • Interim care order for S continued
  • Further welfare hearing to determine S's future care arrangements