SX (A Child)

SX (A Child)

All injuries to AX were non-accidental and inflicted. The Father inflicted the injuries; the Mother failed to protect AX, knowing she was being abused and choosing not to intervene or disclose the truth. The Mother slapped SX and tolerated the Father’s violence. The Father has a history of violence and lies. The multiplicity and severity of injuries, the small flat, and the toxic relationship make it overwhelmingly likely the Mother knew of the abuse. Both parents lied to the court and police to conceal the truth.

Parties
Applicant: A Local Authority; First Respondent: The Mother; Second Respondent: The Father; Third Respondent: SX (By his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
01 June 2020
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of fact: Father inflicted AX’s injuries; Mother failed to protect AX; Mother slapped SX; Father was violent to Mother and Ms Z; Father controlling and manipulative to Ms Z.
Legal Topics
Non Accidental Injury, Domestic Violence, Failure to Protect, Identification of Perpetrator, Burden of Proof, Standard of Proof, Lucas Direction on Lies
Family Law Child Protection Non Accidental Injury Domestic Violence Failure to Protect Identification of Perpetrator Burden of Proof Standard of Proof +1 more

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Parties

A Local Authority

Applicant

The Mother

First Respondent

The Father

Second Respondent

SX (By his Children’s Guardian)

Third Respondent

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to AX were non-accidental and inflicted
  2. 2 Identification of perpetrator(s) for AX's injuries
  3. 3 Whether the Mother failed to protect AX

Ratio Decidendi

All injuries to AX were non-accidental and inflicted. The Father inflicted the injuries; the Mother failed to protect AX, knowing she was being abused and choosing not to intervene or disclose the truth. The Mother slapped SX and tolerated the Father’s violence. The Father has a history of violence and lies. The multiplicity and severity of injuries, the small flat, and the toxic relationship make it overwhelmingly likely the Mother knew of the abuse. Both parents lied to the court and police to conceal the truth.

Court Disposition

Findings of fact: Father inflicted AX’s injuries; Mother failed to protect AX; Mother slapped SX; Father was violent to Mother and Ms Z; Father controlling and manipulative to Ms Z.

Orders

  • Findings to be used in subsequent welfare proceedings; no further findings necessary on other threshold matters.