A Local Authority v M & Ors (Fact Finding) [2019] EWFC 33 (13 May 2019)

A Local Authority v M & Ors (Fact Finding) [2019] EWFC 33 (13 May 2019)

The court found that T's injuries were most likely caused by the father during a period of blind panic and emotional vulnerability, falling far below the standard of care reasonably expected of a parent, but not as a result of intentional harm. There was insufficient evidence to support an unknown medical cause or that the mother contributed to the injuries. The mother acted appropriately and saved T's life. The father's psychological state requires further assessment before full family reunification.

Citation
[2019] EWFC 33
Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd and 4th Respondents: P and T
Jurisdiction
England and Wales
Judgment Date
13 May 2019
Procedural Posture
Family Court Care Proceedings / Fact Finding Hearing
Outcome
Findings made that the father caused T's injuries through panic and inadequate care, not intentional harm; mother exonerated; further assessment of father's psychological state required before reunification.
Legal Topics
Non Accidental Injury, Care Orders, Parental Responsibility, Expert Medical Evidence, Burden and Standard of Proof
Family Law Child Protection Non Accidental Injury Care Orders Parental Responsibility Expert Medical Evidence Burden and Standard of Proof

Case Brief

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Parties

A Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

P and T

3rd and 4th Respondents

Procedural Posture

Family Court Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to child T were caused by non-accidental trauma
  2. 2 Whether either parent caused or contributed to T's injuries
  3. 3 Whether an unknown medical condition could explain T's injuries

Ratio Decidendi

The court found that T's injuries were most likely caused by the father during a period of blind panic and emotional vulnerability, falling far below the standard of care reasonably expected of a parent, but not as a result of intentional harm. There was insufficient evidence to support an unknown medical cause or that the mother contributed to the injuries. The mother acted appropriately and saved T's life. The father's psychological state requires further assessment before full family reunification.

Court Disposition

Findings made that the father caused T's injuries through panic and inadequate care, not intentional harm; mother exonerated; further assessment of father's psychological state required before reunification.

Orders

  • T to return to the care of his mother immediately.
  • Father's contact and role to be managed carefully pending further psychological and risk assessment.