L and M, (Children)

L and M, (Children)

On the balance of probabilities, O's wrist injury was non-accidental, caused by a carer losing temper and violently twisting and pulling the wrist. The only possible perpetrators were the Mother and Father. The Mother was found to be a reliable witness and was excluded as a perpetrator. The Father was found to be an unreliable witness who lied and attempted to mislead the court. The court found that the Father caused the injury to O.

Parties
Applicant: A Welsh Local Authority; First Respondent: J; Second Respondent: K; Third Respondents: L and M (by their Guardian); Intervenor: N
Jurisdiction
England and Wales
Judgment Date
25 November 2015
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of fact made; threshold criteria under section 31 Children Act 1989 established; Mother exonerated; Father found to have caused non-accidental injury to O.
Legal Topics
Non Accidental Injury, Threshold Criteria, Burden and Standard of Proof, Identification of Perpetrator, Expert Evidence, Section 31 Children Act 1989
Family Law Child Protection Non Accidental Injury Threshold Criteria Burden and Standard of Proof Identification of Perpetrator Expert Evidence Section 31 Children Act 1989

Case Brief

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Parties

A Welsh Local Authority

Applicant

J

First Respondent

K

Second Respondent

L and M (by their Guardian)

Third Respondents

N

Intervenor

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the injury to O was non-accidental
  2. 2 If non-accidental, whether the perpetrator can be identified or a pool of perpetrators established

Ratio Decidendi

On the balance of probabilities, O's wrist injury was non-accidental, caused by a carer losing temper and violently twisting and pulling the wrist. The only possible perpetrators were the Mother and Father. The Mother was found to be a reliable witness and was excluded as a perpetrator. The Father was found to be an unreliable witness who lied and attempted to mislead the court. The court found that the Father caused the injury to O.

Court Disposition

Findings of fact made; threshold criteria under section 31 Children Act 1989 established; Mother exonerated; Father found to have caused non-accidental injury to O.

Orders

  • Children to be returned to the care of the Mother forthwith; Father's contact to be considered separately.