G (Non-Accidental Head Injuries), Re

G (Non-Accidental Head Injuries), Re

The local authority failed to prove on the balance of probabilities that G sustained non-accidental injuries. The medical evidence did not exclude a natural cause, such as a chronic birth-related subdural haematoma, possibly influenced by hEDS. There was no evidence of other injuries or of loss of control by any carer. The threshold under s.31 Children Act 1989 was not met.

Parties
Applicant: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: R and G (by their Children's Guardian); Intervenor: A Maternal Grandmother
Jurisdiction
England and Wales
Judgment Date
07 August 2024
Procedural Posture
Care Proceedings (public Law) / Fact Finding Judgment
Outcome
All allegations of non-accidental injury are not proved. Threshold under s.31 Children Act 1989 not met.
Legal Topics
Non Accidental Injury, Burden of Proof, Expert Evidence, Section 31 Children Act 1989, Threshold Criteria
Family Law Child Protection Non Accidental Injury Burden of Proof Expert Evidence Section 31 Children Act 1989 Threshold Criteria

Case Brief

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Parties

A Local Authority

Applicant

A Mother

Respondent

A Father

Respondent

R and G (by their Children's Guardian)

Respondent

A Maternal Grandmother

Intervenor

Procedural Posture

Care Proceedings (public Law) / Fact Finding Judgment

Legal Issues

  1. 1 Whether G sustained non-accidental head injuries
  2. 2 Whether the injuries were inflicted by a parent or carer
  3. 3 Whether the threshold under s.31 Children Act 1989 is met

Ratio Decidendi

The local authority failed to prove on the balance of probabilities that G sustained non-accidental injuries. The medical evidence did not exclude a natural cause, such as a chronic birth-related subdural haematoma, possibly influenced by hEDS. There was no evidence of other injuries or of loss of control by any carer. The threshold under s.31 Children Act 1989 was not met.

Court Disposition

All allegations of non-accidental injury are not proved. Threshold under s.31 Children Act 1989 not met.

Orders

  • No findings of non-accidental injury made against any party.
  • No public law orders to be made in respect of the children.