R (A Child), Re

R (A Child), Re

The judge's finding that the mother alone was responsible was speculative and not supported by the evidence; the correct finding is that either parent could have been the perpetrator.

Parties
Subject: R (A Child); Appellant: Appellant (Mother); First Respondent (local Authority): Devon County Council; Second Respondent: Father; Third Respondents: Grandparents; Fourth Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
26 November 2008
Procedural Posture
Civil Appeal / Appeal From Fact Finding Decision
Outcome
appeal allowed
Legal Topics
Non Accidental Injury, Fact Finding, Perpetrator Identification
Family Law Child Protection Non Accidental Injury Fact Finding Perpetrator Identification

Case Brief

Summary, issues, holding and outcome

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Parties

R (A Child)

Subject

Appellant (Mother)

Appellant

Devon County Council

First Respondent (local Authority)

Father

Second Respondent

Grandparents

Third Respondents

Guardian

Fourth Respondent

Procedural Posture

Civil Appeal / Appeal From Fact Finding Decision

Legal Issues

  1. 1 Whether the trial judge erred in finding the mother solely responsible for the child's injuries
  2. 2 Whether the judge's findings were based on speculation rather than evidence

Ratio Decidendi

The judge's finding that the mother alone was responsible was speculative and not supported by the evidence; the correct finding is that either parent could have been the perpetrator.

Court Disposition

appeal allowed

Orders

  • Order below set aside
  • Finding substituted: the perpetrator was either the father or the mother