A Local Authority v DB (Mother) & Ors (Rev 2)

A Local Authority v DB (Mother) & Ors (Rev 2)

On the balance of probabilities, S's fatal injuries were caused by inflicted head trauma (non-accidental injury) and not by any natural disease or condition. The only possible perpetrators are the mother and the father, but the court cannot identify which parent inflicted the injuries. Both parents have been untruthful about the relevant events, and whichever is not the perpetrator has colluded with the other.

Parties
Applicant: A Local Authority; First Respondent (mother): DB; Second Respondent (father): RB; Third Respondent (child): SM (through the Children’s Guardian Alison Small)
Jurisdiction
England and Wales
Judgment Date
06 December 2013
Procedural Posture
Care Proceedings (child Protection) / Fact Finding Judgment
Outcome
Findings of fact: S's injuries were caused non-accidentally by either the mother or the father; perpetrator not identified.
Legal Topics
Non Accidental Injury, Burden of Proof, Standard of Proof, Pool of Perpetrators, Care Orders, Child Welfare
Family Law Child Protection Non Accidental Injury Burden of Proof Standard of Proof Pool of Perpetrators Care Orders Child Welfare

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Parties

A Local Authority

Applicant

DB

First Respondent (mother)

RB

Second Respondent (father)

SM (through the Children’s Guardian Alison Small)

Third Respondent (child)

Procedural Posture

Care Proceedings (child Protection) / Fact Finding Judgment

Legal Issues

  1. 1 Whether S's fatal injuries were caused by inflicted trauma (non-accidental injury)
  2. 2 Whether the perpetrator of the injuries can be identified
  3. 3 Whether the pool of possible perpetrators can be established

Ratio Decidendi

On the balance of probabilities, S's fatal injuries were caused by inflicted head trauma (non-accidental injury) and not by any natural disease or condition. The only possible perpetrators are the mother and the father, but the court cannot identify which parent inflicted the injuries. Both parents have been untruthful about the relevant events, and whichever is not the perpetrator has colluded with the other.

Court Disposition

Findings of fact: S's injuries were caused non-accidentally by either the mother or the father; perpetrator not identified.

Orders

  • Matter to proceed to risk assessment and welfare determination for SM; no exoneration of either parent; findings to inform future care planning.