D (a Child), Re

D (a Child), Re

The court is not satisfied on the balance of probabilities that the mother deliberately turned off the child's oxygen supply; the evidence does not support a finding of attempted filicide.

Parties
Applicant: A Local Authority; 1st Respondent: B; 2nd Respondent: C; 3rd Respondent: D (a Child) through her Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
29 January 2014
Procedural Posture
Care Proceedings / Judgment on Primary Issue of Fact
Outcome
The court finds the mother was not guilty of deliberately turning off the oxygen supply; no finding of attempted filicide is made.
Legal Topics
Care Proceedings, Standard of Proof, Filicide Allegation, Child Welfare, Burden of Proof
Family Law Child Protection Care Proceedings Standard of Proof Filicide Allegation Child Welfare Burden of Proof

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Parties

A Local Authority

Applicant

B

1st Respondent

C

2nd Respondent

D (a Child) through her Children’s Guardian

3rd Respondent

Procedural Posture

Care Proceedings / Judgment on Primary Issue of Fact

Legal Issues

  1. 1 Whether the mother deliberately turned off the child's oxygen supply
  2. 2 Whether the statutory threshold for care proceedings is crossed
  3. 3 Assessment of probabilities in competing scenarios

Ratio Decidendi

The court is not satisfied on the balance of probabilities that the mother deliberately turned off the child's oxygen supply; the evidence does not support a finding of attempted filicide.

Court Disposition

The court finds the mother was not guilty of deliberately turning off the oxygen supply; no finding of attempted filicide is made.