W (A Child), Re

W (A Child), Re

The judge was entitled to find, on the balance of probabilities and based on medical evidence, that the injuries to the child were non-accidental, the parents' explanations were implausible, and both parents failed to seek timely medical attention. The cumulative nature of unexplained injuries justified the findings.

Parties
Appellant Parent: JH; Appellant Parent: LW; Respondent Local Authority: Leicestershire County Council
Jurisdiction
England and Wales
Judgment Date
08 May 2013
Procedural Posture
Care Order Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Care Orders, Non Accidental Injury, Failure to Seek Medical Attention, Expert Medical Evidence, Parental Responsibility
Family Law Child Protection Care Orders Non Accidental Injury Failure to Seek Medical Attention Expert Medical Evidence Parental Responsibility

Case Brief

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Parties

JH

Appellant Parent

LW

Appellant Parent

Leicestershire County Council

Respondent Local Authority

Procedural Posture

Care Order Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether injuries to the child were non-accidental
  2. 2 Whether fractures were caused by underlying bone fragility
  3. 3 Whether parents failed to seek timely medical attention

Ratio Decidendi

The judge was entitled to find, on the balance of probabilities and based on medical evidence, that the injuries to the child were non-accidental, the parents' explanations were implausible, and both parents failed to seek timely medical attention. The cumulative nature of unexplained injuries justified the findings.

Court Disposition

appeal dismissed

Orders

  • Judge's findings of fact upheld
  • No reporting to disclose identity of the child