A Local Authority v M & Ors [2024] EWFC 238 (B) (05 March 2024)

A Local Authority v M & Ors [2024] EWFC 238 (B) (05 March 2024)

The court found that the injuries to A (bruising to the ear and bilateral metaphyseal fractures) were more likely than not to have been caused by non-accidental injury, as no adequate accidental or medical/genetic explanation was established. The explanations provided by the parents were not plausible on the...

Source-derived case information.

Citation
[2024] EWFC 238 (B)
Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Third Respondent: The Child (via their Guardian)
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing
Outcome
Findings of fact made; threshold criteria met; both parents within pool of possible perpetrators; matter to proceed to welfare stage.
Legal Topics
Non Accidental Injury, Threshold Criteria, Burden and Standard of Proof, Expert Medical Evidence, Failure to Protect, Identification of Perpetrator
Family Law Child Protection Non Accidental Injury Threshold Criteria Burden and Standard of Proof Expert Medical Evidence Failure to Protect Identification of Perpetrator

Source-derived case record

Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

M

First Respondent

F

Second Respondent

The Child (via their Guardian)

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the injuries sustained by the child A were non-accidental
  2. 2 Whether there is an underlying medical or genetic explanation for the injuries
  3. 3 Whether the threshold criteria under s.31 Children Act 1989 are met

Ratio Decidendi

The court found that the injuries to A (bruising to the ear and bilateral metaphyseal fractures) were more likely than not to have been caused by non-accidental injury, as no adequate accidental or medical/genetic explanation was established. The explanations provided by the parents were not plausible on the evidence. Both parents were found to be within the pool of possible perpetrators, and the threshold criteria under s.31 Children Act 1989 were met. The court could not identify a sole perpetrator on the balance of probabilities.

Court Disposition

Findings of fact made; threshold criteria met; both parents within pool of possible perpetrators; matter to proceed to welfare stage.

Orders

  • Findings as sought by the local authority (as set out in closing submissions) are made on the balance of probabilities.
  • Both parents found within the pool of possible perpetrators for the injuries to A.