Baby X, Re

Baby X, Re

The court found, on balance of probabilities, that the mother intentionally smothered Baby X, causing the collapse and severe neurological impairment, based on exclusion of natural causes by medical evidence, factual inconsistencies, and mother's unreliable testimony. The cause of the earlier ALTE was unexplained but likely natural.

Parties
Applicant: A Local Authority; 1st Respondent: Ms A; 2nd Respondent: Mr B; 3rd Respondent: Baby X
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of significant harm caused to Baby X by mother; risk of harm in future; welfare issues adjourned for further assessment.
Legal Topics
Care Proceedings, Child Harm, Standard of Proof, Medical Causation, Domestic Violence
Family Law Child Protection Care Proceedings Child Harm Standard of Proof Medical Causation Domestic Violence

Case Brief

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Parties

A Local Authority

Applicant

Ms A

1st Respondent

Mr B

2nd Respondent

Baby X

3rd Respondent

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Cause of Baby X's collapse and neurological impairment
  2. 2 Responsibility for Baby X's ALTE and collapse
  3. 3 Credibility of mother

Ratio Decidendi

The court found, on balance of probabilities, that the mother intentionally smothered Baby X, causing the collapse and severe neurological impairment, based on exclusion of natural causes by medical evidence, factual inconsistencies, and mother's unreliable testimony. The cause of the earlier ALTE was unexplained but likely natural.

Court Disposition

Findings of significant harm caused to Baby X by mother; risk of harm in future; welfare issues adjourned for further assessment.

Orders

  • Welfare questions adjourned to fixed date for future assessment.
  • Parties invited to agree directions for future assessment of welfare issues.