B-S (A Child), Re [2017] EWCA Civ 2680 (7 September 2017)

The judge was entitled, on the evidence and legal principles, to find the mother solely responsible for L's injuries; SP's absence and manipulation by the mother did not preclude such a finding.

Citation: [2017] EWCA Civ 2680
Parties: Subject: B-S (A Child); Applicant: Applicant Mother; 2nd Respondent: SP (Mother's then boyfriend); 3rd Respondent: Maternal Grandmother
Jurisdiction: England and Wales
Judgment Date: 07 September 2017
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed
Legal Topics: Identification of Perpetrator, Non Accidental Injury, Adverse Inferences, Manipulation of Witnesses

Family Law Child Protection Identification of Perpetrator Non Accidental Injury Adverse Inferences Manipulation of Witnesses

Case Brief

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Parties

B-S (A Child)

Subject

Applicant Mother

Applicant

SP (Mother's then boyfriend)

2nd Respondent

Maternal Grandmother

3rd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the judge erred in finding the mother as sole perpetrator of injuries to L
2 Whether both mother and SP should have remained in the pool of potential perpetrators

Ratio Decidendi

The judge was entitled, on the evidence and legal principles, to find the mother solely responsible for L's injuries; SP's absence and manipulation by the mother did not preclude such a finding.

Court Disposition

appeal dismissed