Peter & Lucy, Re (NAI) [2020] EWFC B68 (02 November 2020)

Peter & Lucy, Re (NAI) [2020] EWFC B68 (02 November 2020)

On the balance of probabilities, the mother, in a state of frustration and exasperation rather than intent to harm, inflicted significant force on Lucy causing multiple rib and vertebral fractures and bilateral subconjunctival haemorrhages; these injuries are non-accidental, occurred within a week before 6 August 2019, and would not be caused by normal handling. The threshold criteria under section 31(2) Children Act 1989 are met as both Lucy and Peter suffered significant harm attributable to the care given by the mother not being what it would be reasonable to expect.

Citation
[2020] EWFC B68
Parties
Applicant: A Local Authority; First Respondent (mother): MN; Second Respondent (father): QA; Third and Fourth Respondents: The Children (by their Children's Guardian); Intervener: FA (by the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
02 November 2020
Procedural Posture
Care Proceedings Under Children Act 1989 and Adoption and Children Act 2002 / Fact Finding Judgment
Outcome
Findings of fact made against the mother; threshold criteria met under section 31(2) Children Act 1989.
Legal Topics
Non Accidental Injury, Threshold Criteria, Care Orders, Emotional Harm, Expert Evidence, Pool of Perpetrators
Family Law Child Protection Non Accidental Injury Threshold Criteria Care Orders Emotional Harm Expert Evidence Pool of Perpetrators

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Parties

A Local Authority

Applicant

MN

First Respondent (mother)

QA

Second Respondent (father)

The Children (by their Children's Guardian)

Third and Fourth Respondents

FA (by the Official Solicitor)

Intervener

Procedural Posture

Care Proceedings Under Children Act 1989 and Adoption and Children Act 2002 / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to Lucy were non-accidental and inflicted
  2. 2 Whether threshold criteria under section 31(2) Children Act 1989 are met
  3. 3 Identification of perpetrator(s) of injuries

Ratio Decidendi

On the balance of probabilities, the mother, in a state of frustration and exasperation rather than intent to harm, inflicted significant force on Lucy causing multiple rib and vertebral fractures and bilateral subconjunctival haemorrhages; these injuries are non-accidental, occurred within a week before 6 August 2019, and would not be caused by normal handling. The threshold criteria under section 31(2) Children Act 1989 are met as both Lucy and Peter suffered significant harm attributable to the care given by the mother not being what it would be reasonable to expect.

Court Disposition

Findings of fact made against the mother; threshold criteria met under section 31(2) Children Act 1989.

Orders

  • Physical harm findings: Lucy suffered multiple rib and vertebral fractures and bilateral subconjunctival haemorrhages caused by the mother by significant force.
  • Emotional harm findings: Lucy suffered emotional harm from the injuries; Peter suffered emotional harm from witnessing the injuries.