A Local Authority v W & Ors (Finding of Fact Hearing) [2020] EWFC 68 (12 November 2020)

A Local Authority v W & Ors (Finding of Fact Hearing) [2020] EWFC 68 (12 November 2020)

The court found that, on the balance of probabilities, S's injury was more likely caused by a natural event than by inflicted harm, given the absence of positive medical evidence of trauma, the expert's assessment of inherent probability, and the lack of features typical of unnatural sudden infant death. The local...

Source-derived case information.

Citation
[2020] EWFC 68
Parties
Applicant: A Local Authority; First Respondent: W; Second Respondent: R; Third and Fourth Respondents: S and L (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Final Judgment After Fact Finding Hearing
Outcome
Application for findings of non-accidental injury dismissed; no findings made against parents.
Legal Topics
Non Accidental Injury, Fact Finding, Expert Evidence, Burden of Proof, Children's Welfare
Family Law Child Protection Non Accidental Injury Fact Finding Expert Evidence Burden of Proof Children's Welfare

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Parties

A Local Authority

Applicant

W

First Respondent

R

Second Respondent

S and L (by their Children's Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether S's head injury was caused by non-accidental harm or natural causes
  2. 2 Credibility of parental accounts
  3. 3 Identification of perpetrator if injury found to be non-accidental

Ratio Decidendi

The court found that, on the balance of probabilities, S's injury was more likely caused by a natural event than by inflicted harm, given the absence of positive medical evidence of trauma, the expert's assessment of inherent probability, and the lack of features typical of unnatural sudden infant death. The local authority did not discharge the burden of proof for non-accidental injury.

Court Disposition

Application for findings of non-accidental injury dismissed; no findings made against parents.

Orders

  • No findings of inflicted injury; proceedings to continue to welfare stage as appropriate.