A Local Authority v K & Anor [2016] EWFC 35 (01 March 2016)

A Local Authority v K & Anor [2016] EWFC 35 (01 March 2016)

The local authority failed to prove on the balance of probabilities that J's injuries were inflicted non-accidentally; the court accepted the parents' account that the injuries were sustained accidentally during a fall, and the threshold criteria under section 31(2) Children Act 1989 were not met.

Citation
[2016] EWFC 35
Parties
Applicant: A Local Authority; First Respondent: K; Second Respondent: M
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Care Proceedings / Rehearing After Appeal and Remittal
Outcome
Care proceedings dismissed
Legal Topics
Non Accidental Injury, Threshold Criteria, Section 31 Children Act 1989, Burden of Proof, Expert Medical Evidence
Family Law Child Protection Non Accidental Injury Threshold Criteria Section 31 Children Act 1989 Burden of Proof Expert Medical Evidence

Case Brief

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Parties

A Local Authority

Applicant

K

First Respondent

M

Second Respondent

Procedural Posture

Care Proceedings / Rehearing After Appeal and Remittal

Legal Issues

  1. 1 Whether J's rib fractures were caused non-accidentally or accidentally
  2. 2 Whether the threshold criteria under section 31(2) Children Act 1989 are met

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that J's injuries were inflicted non-accidentally; the court accepted the parents' account that the injuries were sustained accidentally during a fall, and the threshold criteria under section 31(2) Children Act 1989 were not met.

Court Disposition

Care proceedings dismissed

Orders

  • Care proceedings in respect of both children are dismissed.