CD (A Child : Re Hearing of Fact-Finding)

CD (A Child : Re Hearing of Fact-Finding)

The court found, on the balance of probabilities, that the father caused CD’s brain injuries by shaking him in January 2017, based on the medical evidence ruling out infection and accidental causes, the sudden onset of symptoms, and the father's dishonesty. The court found the arm fracture in November 2017 was more likely caused accidentally by the mother freeing CD’s arm from cot bars, not by non-accidental force by the father. No criticism attached to the mother for her actions or beliefs.

Parties
Applicant: A Local Authority; 1st Respondent: PT; 2nd Respondent: RD; 3rd Respondent: BC; 4th Respondent: CD; 5th Respondent: DD
Jurisdiction
England and Wales
Judgment Date
28 September 2018
Procedural Posture
Care Proceedings (fact Finding, Child Protection) / Judgment After Re Hearing of Fact Finding
Outcome
Findings of fact: Father responsible for non-accidental brain injury; arm fracture accidental; no criticism of mother.
Legal Topics
Non Accidental Injury, Re Opening of Findings, Burden and Standard of Proof, Expert Medical Evidence, Care Orders, Threshold Criteria
Family Law Child Protection Non Accidental Injury Re Opening of Findings Burden and Standard of Proof Expert Medical Evidence Care Orders Threshold Criteria

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Parties

A Local Authority

Applicant

PT

1st Respondent

RD

2nd Respondent

BC

3rd Respondent

CD

4th Respondent

DD

5th Respondent

Procedural Posture

Care Proceedings (fact Finding, Child Protection) / Judgment After Re Hearing of Fact Finding

Legal Issues

  1. 1 Whether the father caused non-accidental brain injury to CD in January 2017
  2. 2 Whether the father caused non-accidental fracture to CD's arm in November 2017
  3. 3 Whether the mother failed to protect or colluded with the father

Ratio Decidendi

The court found, on the balance of probabilities, that the father caused CD’s brain injuries by shaking him in January 2017, based on the medical evidence ruling out infection and accidental causes, the sudden onset of symptoms, and the father's dishonesty. The court found the arm fracture in November 2017 was more likely caused accidentally by the mother freeing CD’s arm from cot bars, not by non-accidental force by the father. No criticism attached to the mother for her actions or beliefs.

Court Disposition

Findings of fact: Father responsible for non-accidental brain injury; arm fracture accidental; no criticism of mother.

Orders

  • Further assessment of the mother may be required regarding her response to the findings and attitude to the father.
  • Further assessment of the father will be necessary.