A LOCAL AUTHORITY v AA & Ors

A LOCAL AUTHORITY v AA & Ors

The Father intentionally suffocated X and Z, causing X’s death and three episodes requiring emergency medical treatment for Z. The Father induced allergic reactions in the Mother. The Father exaggerated and fabricated his own medical symptoms. The Father engaged in domestic abuse, including physical and sexual assault and coercive control. The Mother failed to protect the children from the impact of domestic abuse and failed to alert professionals to the risks posed by the Father. No finding was made in respect of Y or against the Mother for exaggerating the Father’s medical symptoms.

Parties
Applicant: A Local Authority; First Respondent: AA; Second Respondent: BB; Third and Fourth Respondents: Y and Z (Children represented by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Findings made as sought by the Local Authority, except no finding in respect of Y and no finding against the Mother for exaggerating the Father’s medical symptoms; matter to proceed to welfare hearing.
Legal Topics
Non Accidental Injury, Fabricated and Induced Illness (fii), Domestic Abuse, Failure to Protect, Threshold Criteria Under Children Act
Family Law Child Protection Non Accidental Injury Fabricated and Induced Illness (fii) Domestic Abuse Failure to Protect Threshold Criteria Under Children Act

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Parties

A Local Authority

Applicant

AA

First Respondent

BB

Second Respondent

Y and Z (Children represented by their Children’s Guardian)

Third and Fourth Respondents

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether the Father deliberately inflicted injury (intentional suffocation) on X, Y, and Z
  2. 2 Whether the Father induced allergic reactions in the Mother
  3. 3 Whether the Father exaggerated and fabricated his own medical symptoms

Ratio Decidendi

The Father intentionally suffocated X and Z, causing X’s death and three episodes requiring emergency medical treatment for Z. The Father induced allergic reactions in the Mother. The Father exaggerated and fabricated his own medical symptoms. The Father engaged in domestic abuse, including physical and sexual assault and coercive control. The Mother failed to protect the children from the impact of domestic abuse and failed to alert professionals to the risks posed by the Father. No finding was made in respect of Y or against the Mother for exaggerating the Father’s medical symptoms.

Court Disposition

Findings made as sought by the Local Authority, except no finding in respect of Y and no finding against the Mother for exaggerating the Father’s medical symptoms; matter to proceed to welfare hearing.

Orders

  • Findings of intentional suffocation by the Father in respect of X and Z
  • Findings of induced allergic reactions in the Mother by the Father