L and M (Children), Re

L and M (Children), Re

The court found, on the balance of probabilities, that M sustained four skull fractures and a posterior fracture of her 8th rib non-accidentally while in the care of one or both parents, based on expert medical evidence, inconsistencies and implausibility in the parents' accounts, and absence of credible accidental...

Source-derived case information.

Parties
Applicant: A Local Authority; Respondent: A Mother; Respondent: A Father; Respondent: L and M (Children, by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
04 June 2013
Procedural Posture
Care Proceedings / Fact Finding Retrial
Outcome
Findings of non-accidental injury against one or both parents; perpetrator not specifically identified.
Legal Topics
Non Accidental Injury, Care Orders, Burden of Proof, Expert Evidence, Child Welfare
Family Law Child Protection Non Accidental Injury Care Orders Burden of Proof Expert Evidence Child Welfare

Source-derived case record

Summary, issues, holding and outcome

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Parties

A Local Authority

Applicant

A Mother

Respondent

A Father

Respondent

L and M (Children, by their Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Fact Finding Retrial

Legal Issues

  1. 1 Whether injuries sustained by M were non-accidental
  2. 2 Identification of perpetrator(s)
  3. 3 Reliability of parents' accounts

Ratio Decidendi

The court found, on the balance of probabilities, that M sustained four skull fractures and a posterior fracture of her 8th rib non-accidentally while in the care of one or both parents, based on expert medical evidence, inconsistencies and implausibility in the parents' accounts, and absence of credible accidental explanation.

Court Disposition

Findings of non-accidental injury against one or both parents; perpetrator not specifically identified.

Orders

  • Findings to inform subsequent care proceedings and welfare decisions.
  • Urges parents to be frank to facilitate possible safe return of children.