S (A Child) , Re

S (A Child) , Re

The judge's findings that S suffered significant harm while in the care of her parents, without a positive finding of deliberate infliction, were consistent with the evidence and statutory requirements; the appeal was dismissed as the findings were not plainly wrong and the split hearing was inappropriate for the...

Source-derived case information.

Parties
Appellant: Cambridgeshire County Council; Respondent: PS; Respondent: JS; Respondent: S (A Child) (by her Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
24 January 2014
Procedural Posture
Care Proceedings / Appeal
Outcome
appeal dismissed
Legal Topics
Care Orders, Threshold Criteria, Case Management, Split Hearings
Family Law Child Protection Care Orders Threshold Criteria Case Management Split Hearings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Cambridgeshire County Council

Appellant

PS

Respondent

JS

Respondent

S (A Child) (by her Children’s Guardian)

Respondent

Procedural Posture

Care Proceedings / Appeal

Legal Issues

  1. 1 Whether the threshold criteria under section 31(2) Children Act 1989 were satisfied
  2. 2 Whether the injury to S was non-accidental and attributable to parental care
  3. 3 Whether the judge's findings were inconsistent or insufficiently reasoned

Ratio Decidendi

The judge's findings that S suffered significant harm while in the care of her parents, without a positive finding of deliberate infliction, were consistent with the evidence and statutory requirements; the appeal was dismissed as the findings were not plainly wrong and the split hearing was inappropriate for the case context.

Court Disposition

appeal dismissed

Orders

  • Proceedings remitted to the allocated judge for further hearing to determine any outstanding issues of fact and welfare evaluations.