A Local Authority v M & Ors

A Local Authority v M & Ors

The local authority failed to prove on the balance of probabilities that the injuries to A were non-accidental or inflicted by M and/or F. There was credible evidence of plausible alternative explanations for both the bruise and the fractures, supported by expert opinion. The parents' explanations were consistent, put forward at the earliest opportunity, and not undermined by their credibility issues or the context of domestic discord. The threshold criteria under section 31(2) Children Act 1989 were not met.

Parties
Applicant: A Local Authority; First Respondent: M; Second Respondent: F; Third Respondent: The Child (via their Guardian)
Jurisdiction
England and Wales
Judgment Date
22 August 2024
Procedural Posture
Care Proceedings (family) / Fact Finding Judgment
Outcome
Local authority's application for findings of non-accidental injury and threshold not proved; case dismissed at fact-finding stage.
Legal Topics
Non Accidental Injury, Threshold Criteria, Burden of Proof, Expert Evidence, Failure to Protect, Domestic Violence, Credibility of Witnesses
Family Law Child Protection Non Accidental Injury Threshold Criteria Burden of Proof Expert Evidence Failure to Protect Domestic Violence +1 more

Case Brief

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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 (family) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the injuries sustained by the child (A) were non-accidental and inflicted by M and/or F
  2. 2 Whether the explanations provided by the parents for the injuries are plausible
  3. 3 Whether the threshold criteria under section 31(2) Children Act 1989 are met

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that the injuries to A were non-accidental or inflicted by M and/or F. There was credible evidence of plausible alternative explanations for both the bruise and the fractures, supported by expert opinion. The parents' explanations were consistent, put forward at the earliest opportunity, and not undermined by their credibility issues or the context of domestic discord. The threshold criteria under section 31(2) Children Act 1989 were not met.

Court Disposition

Local authority's application for findings of non-accidental injury and threshold not proved; case dismissed at fact-finding stage.