A Local Authority v W & Ors (Finding of Fact Hearing)

A Local Authority v W & Ors (Finding of Fact Hearing)

On the balance of probabilities, S's hypoxic ischaemic head injury was caused by overlaying during co-sleeping by one or both parents, in a context of exhaustion, unsafe sleeping practices, and parental dishonesty; both parents colluded to conceal the true circumstances and failed to provide a frank account, preventing identification of the specific perpetrator.

Parties
Applicant: A Local Authority; First Respondent: W; Second Respondent: R; Third and Fourth Respondents: S and L (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Public Law Proceedings Under Part IV of the Children Act 1989 / Finding of Fact Hearing
Outcome
Findings of fact made against both parents; real possibility both parents overlaid S; welfare stage to follow.
Legal Topics
Non Accidental Injury, Domestic Violence, Neglect, Co Sleeping Risks, Drug and Alcohol Abuse, Parental Fabrication, Safe Sleeping Advice
Family Law Child Protection Non Accidental Injury Domestic Violence Neglect Co Sleeping Risks Drug and Alcohol Abuse Parental Fabrication +1 more

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Parties

A Local Authority

Applicant

W

First Respondent

R

Second Respondent

S and L (by their Children’s Guardian)

Third and Fourth Respondents

Procedural Posture

Public Law Proceedings Under Part IV of the Children Act 1989 / Finding of Fact Hearing

Legal Issues

  1. 1 Cause of S's hypoxic ischaemic head injury
  2. 2 Exposure of children to domestic violence and neglect
  3. 3 Failure to follow safe sleeping advice

Ratio Decidendi

On the balance of probabilities, S's hypoxic ischaemic head injury was caused by overlaying during co-sleeping by one or both parents, in a context of exhaustion, unsafe sleeping practices, and parental dishonesty; both parents colluded to conceal the true circumstances and failed to provide a frank account, preventing identification of the specific perpetrator.

Court Disposition

Findings of fact made against both parents; real possibility both parents overlaid S; welfare stage to follow.

Orders

  • Schedule of findings adopted as court's findings of fact.
  • Directions to revisit assessments and proceed to welfare stage.