A Local Authority v K & Anor

A Local Authority v K & Anor

The local authority failed to prove on the balance of probabilities that J's injuries were inflicted non-accidentally; the evidence supports the parents' account that the injuries occurred during an accidental fall, and threshold criteria under section 31(2) Children Act 1989 are not met.

Parties
Applicant: A Local Authority; First Respondent: K; Second Respondent: M; Interested Party: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Care Proceedings / Judgment After Rehearing Following Appeal
Outcome
Care proceedings dismissed
Legal Topics
Non Accidental Injury, Threshold Criteria, Section 31 Children Act 1989, Burden of Proof, Medical Evidence
Family Law Child Protection Non Accidental Injury Threshold Criteria Section 31 Children Act 1989 Burden of Proof Medical Evidence

Case Brief

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Parties

A Local Authority

Applicant

K

First Respondent

M

Second Respondent

Children's Guardian

Interested Party

Procedural Posture

Care Proceedings / Judgment After Rehearing Following Appeal

Legal Issues

  1. 1 Whether J's rib fractures were caused non-accidentally
  2. 2 Whether the local authority satisfied the threshold criteria under section 31(2) Children Act 1989

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that J's injuries were inflicted non-accidentally; the evidence supports the parents' account that the injuries occurred during an accidental fall, and threshold criteria under section 31(2) Children Act 1989 are not met.

Court Disposition

Care proceedings dismissed

Orders

  • Care proceedings in respect of both children are dismissed