A Local Authority v A Mother & Ors

A Local Authority v A Mother & Ors

The trial judge's finding that rib fractures were caused by overlaying during co-sleeping was not supported by the expert evidence, which described such a mechanism as a very low possibility. The judge failed to consider the totality of the evidence, including the father's admission of abusive handling and the ensemble of injuries. The judge's positive finding of accidental causation was unsafe and must be set aside.

Parties
Appellant: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: A (by her children’s guardian)
Jurisdiction
England and Wales
Judgment Date
09 May 2019
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal
Outcome
Appeal allowed; judgment set aside; matter remitted for rehearing.
Legal Topics
Care Proceedings, Fact Finding, Non Accidental Injury, Expert Evidence, Appeal Procedure
Family Law Child Protection Care Proceedings Fact Finding Non Accidental Injury Expert Evidence Appeal Procedure

Case Brief

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Parties

A Local Authority

Appellant

A Mother

Respondent

A Father

Respondent

A (by her children’s guardian)

Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that rib fractures were caused by overlaying during co-sleeping rather than non-accidental injury
  2. 2 Whether the trial judge failed to consider the totality of the evidence, including expert evidence and parental admissions
  3. 3 Whether the trial judge misapplied or misunderstood the expert medical evidence

Ratio Decidendi

The trial judge's finding that rib fractures were caused by overlaying during co-sleeping was not supported by the expert evidence, which described such a mechanism as a very low possibility. The judge failed to consider the totality of the evidence, including the father's admission of abusive handling and the ensemble of injuries. The judge's positive finding of accidental causation was unsafe and must be set aside.

Court Disposition

Appeal allowed; judgment set aside; matter remitted for rehearing.

Orders

  • The judgment at first instance is set aside in its entirety.
  • The matter is remitted for rehearing before a different judge.