S-B (Children)

S-B (Children)

The Court of Appeal held that the judge was not required to make a binary finding as to which parent was the perpetrator of the injuries. The approach in Re O and N remains good law and was not overruled by Re B. The judge was entitled to find that neither parent could be excluded as a possible perpetrator, and the mother's appeal was dismissed.

Parties
Appellant: Appellant Mother; 1st Respondent: Trafford Borough Council (Local Authority); 2nd and 3rd Respondents: Children by their Children’s Guardian
Jurisdiction
England and Wales
Judgment Date
30 June 2009
Procedural Posture
Appeal / Judgment on Appeal From Final Hearing in Public Law Care Proceedings
Outcome
Appeal dismissed
Legal Topics
Care Orders, Non Accidental Injury, Standard of Proof, Identification of Perpetrator, Uncertain Perpetrator Cases
Family Law Child Protection Care Orders Non Accidental Injury Standard of Proof Identification of Perpetrator Uncertain Perpetrator Cases

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Parties

Appellant Mother

Appellant

Trafford Borough Council (Local Authority)

1st Respondent

Children by their Children’s Guardian

2nd and 3rd Respondents

Procedural Posture

Appeal / Judgment on Appeal From Final Hearing in Public Law Care Proceedings

Legal Issues

  1. 1 Whether the judge was required to make a binary finding as to which parent was the perpetrator of non-accidental injuries to a child under the balance of probabilities standard after Re B [2008] 2 FLR 141
  2. 2 Whether the mother should be exculpated based on the judge's expressed likelihoods

Ratio Decidendi

The Court of Appeal held that the judge was not required to make a binary finding as to which parent was the perpetrator of the injuries. The approach in Re O and N remains good law and was not overruled by Re B. The judge was entitled to find that neither parent could be excluded as a possible perpetrator, and the mother's appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed