A Local Authority v Mrs H (Mother to V) & Ors

A Local Authority v Mrs H (Mother to V) & Ors

The court found, on the balance of probabilities, that R's fatal injury was caused by abusive shaking at the home of Mr. and Mrs. O on 24 May 2023, and that an intermediate injury occurred on 17 May 2023, also while in their care. The evidence did not support findings of abusive injury by the parents or K. The court could not identify which of Mr. or Mrs. O was the perpetrator but found both lied and concealed the truth. The evidence of an older injury (over 10 days before death) could not be attributed to abuse on the balance of probabilities. The threshold for care proceedings was not met for K's children or for V on the basis of injuries, but was met for V due to the father's violence...

Parties
Applicant: A Local Authority; 1st Respondent (mother to V): Mrs H; 2nd Respondent (father to V): Mr H; 3rd Respondent (mother to A, B and C): Mrs O; 4th Respondent (father to A, B and C): Mr O; 5th Respondent (mother to E and F): Mrs K; 6th Respondent (father to E and F): Mr K; 7th 12th Respondent: V, A, B, C, E and F (through their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
10 January 2025
Procedural Posture
Care and Protection (public Law) / Fact Finding Judgment
Outcome
Findings of fact made; threshold met for V on risk of significant harm due to domestic abuse; not met for K's children; further submissions invited for O's children.
Legal Topics
Non Accidental Injury, Abusive Head Trauma, Domestic Violence, Threshold Criteria, Identification of Perpetrator, Fact Finding Hearing
Family Law Child Protection Non Accidental Injury Abusive Head Trauma Domestic Violence Threshold Criteria Identification of Perpetrator Fact Finding Hearing

Case Brief

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Parties

A Local Authority

Applicant

Mrs H

1st Respondent (mother to V)

Mr H

2nd Respondent (father to V)

Mrs O

3rd Respondent (mother to A, B and C)

Mr O

4th Respondent (father to A, B and C)

Mrs K

5th Respondent (mother to E and F)

Mr K

6th Respondent (father to E and F)

V, A, B, C, E and F (through their Children’s Guardian)

7th 12th Respondent

Procedural Posture

Care and Protection (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether R's fatal and prior injuries were caused by non-accidental trauma and by whom
  2. 2 Whether threshold criteria for care orders are met for the children of the three families
  3. 3 Whether domestic abuse occurred between the parents and its impact on threshold

Ratio Decidendi

The court found, on the balance of probabilities, that R's fatal injury was caused by abusive shaking at the home of Mr. and Mrs. O on 24 May 2023, and that an intermediate injury occurred on 17 May 2023, also while in their care. The evidence did not support findings of abusive injury by the parents or K. The court could not identify which of Mr. or Mrs. O was the perpetrator but found both lied and concealed the truth. The evidence of an older injury (over 10 days before death) could not be attributed to abuse on the balance of probabilities. The threshold for care proceedings was not met for K's children or for V on the basis of injuries, but was met for V due to the father's violence...

Court Disposition

Findings of fact made; threshold met for V on risk of significant harm due to domestic abuse; not met for K's children; further submissions invited for O's children.

Orders

  • No findings adverse to K; threshold not met for her children.
  • Threshold not met for V on injuries but met on risk of significant harm due to father's violence and parental relationship.