A Local Authority v M & Ors (Fact Finding)

A Local Authority v M & Ors (Fact Finding)

The court found that T's injuries were most likely caused by the father during a period of blind panic, falling far below the standard of care expected of a parent, but not as a result of intentional harm or loss of temper. There was insufficient evidence to attribute the injuries to the mother or to an unknown medical cause. The medical evidence and parental testimony, particularly the father's vulnerability and panic, were determinative.

Parties
Applicant: A Local Authority; 1st Respondent: M; 2nd Respondent: F; 3rd and 4th Respondents: P and T
Jurisdiction
England and Wales
Judgment Date
13 May 2019
Procedural Posture
Care and Protection (child Welfare) / Fact Finding Judgment
Outcome
Findings made against the father for causing T's injuries through panic and inadequate care; no findings against the mother; recommendation for urgent assessment of the father's functioning and for T's return to the mother's care.
Legal Topics
Non Accidental Injury, Burden and Standard of Proof, Expert Medical Evidence, Parental Responsibility, Care Orders, Fact Finding Hearings
Family Law Child Protection Non Accidental Injury Burden and Standard of Proof Expert Medical Evidence Parental Responsibility Care Orders Fact Finding Hearings

Case Brief

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Parties

A Local Authority

Applicant

M

1st Respondent

F

2nd Respondent

P and T

3rd and 4th Respondents

Procedural Posture

Care and Protection (child Welfare) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the injuries sustained by T were caused by non-accidental trauma
  2. 2 Whether either parent caused or contributed to T's injuries
  3. 3 Whether there is a medical or unknown cause for T's injuries

Ratio Decidendi

The court found that T's injuries were most likely caused by the father during a period of blind panic, falling far below the standard of care expected of a parent, but not as a result of intentional harm or loss of temper. There was insufficient evidence to attribute the injuries to the mother or to an unknown medical cause. The medical evidence and parental testimony, particularly the father's vulnerability and panic, were determinative.

Court Disposition

Findings made against the father for causing T's injuries through panic and inadequate care; no findings against the mother; recommendation for urgent assessment of the father's functioning and for T's return to the mother's care.

Orders

  • T to return to the care of his mother immediately
  • The father's role to be subject to further assessment and management pending further court consideration