K (Children : injuries) [2016] EWFC B120 (01 November 2016)

K (Children : injuries) [2016] EWFC B120 (01 November 2016)

The Local Authority failed to prove on the balance of probabilities that the injuries suffered by ZK were inflicted injuries. The expert consensus was that the fractures could be explained by a combination of undiagnosed rickets (vitamin D deficiency), traditional massage, and inexperienced handling. The parents' explanation was consistent and plausible, and there were no wider welfare concerns. Therefore, the threshold for making a care order was not crossed and the application was dismissed.

Citation
[2016] EWFC B120
Parties
Applicant: A Local Authority; Respondent Mother: WK; Respondent Father: XK; Children (by Guardian): YK and ZK (through their Children’s Guardian, Kareen Lain)
Jurisdiction
England and Wales
Judgment Date
01 November 2016
Procedural Posture
Care Proceedings (section 31 Children Act 1989) / Judgment on Threshold and Fact Finding
Outcome
Application for Section 31 care orders dismissed; threshold not crossed.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Expert Evidence, Rickets, Bone Fragility, Parental Explanation, Fact Finding Hearing
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Expert Evidence Rickets Bone Fragility +2 more

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Parties

A Local Authority

Applicant

WK

Respondent Mother

XK

Respondent Father

YK and ZK (through their Children’s Guardian, Kareen Lain)

Children (by Guardian)

Procedural Posture

Care Proceedings (section 31 Children Act 1989) / Judgment on Threshold and Fact Finding

Legal Issues

  1. 1 Whether the injuries sustained by ZK were inflicted injuries or could be explained by other causes such as bone fragility and traditional massage
  2. 2 Whether the threshold for making a care order under Section 31 Children Act 1989 is met

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that the injuries suffered by ZK were inflicted injuries. The expert consensus was that the fractures could be explained by a combination of undiagnosed rickets (vitamin D deficiency), traditional massage, and inexperienced handling. The parents' explanation was consistent and plausible, and there were no wider welfare concerns. Therefore, the threshold for making a care order was not crossed and the application was dismissed.

Court Disposition

Application for Section 31 care orders dismissed; threshold not crossed.

Orders

  • Dismissal of the Local Authority's application for care orders under Section 31 Children Act 1989
  • Children to be returned to the care of their parents