Re B-S (A Child)

Re B-S (A Child)

The judge was entitled, on the balance of probabilities and based on the evidence including the mother's lies, manipulation, and absence of credible evidence against SP, to find the mother as sole perpetrator of L's injuries.

Parties
Subject: B-S (A Child); Applicant: Applicant Mother; 2nd Respondent: SP (Mother’s then boyfriend); Respondent: 1st Respondent; Respondent: 3rd Respondent
Jurisdiction
England and Wales
Judgment Date
07 September 2017
Procedural Posture
Family / Appeal
Outcome
appeal dismissed
Legal Topics
Identification of Perpetrator, Non Accidental Injury, Evidence Assessment, Adverse Inference
Family Law Child Protection Identification of Perpetrator Non Accidental Injury Evidence Assessment Adverse Inference

Case Brief

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Parties

B-S (A Child)

Subject

Applicant Mother

Applicant

SP (Mother’s then boyfriend)

2nd Respondent

1st Respondent

Respondent

3rd Respondent

Respondent

Procedural Posture

Family / Appeal

Legal Issues

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

Ratio Decidendi

The judge was entitled, on the balance of probabilities and based on the evidence including the mother's lies, manipulation, and absence of credible evidence against SP, to find the mother as sole perpetrator of L's injuries.

Court Disposition

appeal dismissed

Orders

  • Appeal against finding that mother was sole perpetrator is dismissed.