CL v East Riding Yorkshire Council & Ors [2006] EWCA Civ 49 (07 February 2006)

CL v East Riding Yorkshire Council & Ors [2006] EWCA Civ 49 (07 February 2006)

Where the local authority cannot prove non-accidental causation of a child's injuries, the court cannot find either or both parents responsible for those injuries for the purposes of the threshold criteria under s.31(2) of the Children Act 1989. Findings may be made on failure to protect and collusion, but not on causation or responsibility for the injuries themselves.

Citation
[2006] EWCA Civ 49
Parties
Appellant: CL; 1st Respondent: East Riding Yorkshire Council; 2nd Respondent: MB; 3rd Respondent: BL (A child) (by his Guardian)
Jurisdiction
England and Wales
Judgment Date
07 February 2006
Procedural Posture
Appeal (care Proceedings) / Appeal From Findings of Fact in Care Proceedings
Outcome
Appeal allowed to the limited extent of substituting findings on threshold criteria; findings of responsibility for injuries set aside.
Legal Topics
Care Proceedings, Threshold Criteria, Non Accidental Injury, Burden of Proof, Procedural Fairness
Family Law Child Protection Care Proceedings Threshold Criteria Non Accidental Injury Burden of Proof Procedural Fairness

Case Brief

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Parties

CL

Appellant

East Riding Yorkshire Council

1st Respondent

MB

2nd Respondent

BL (A child) (by his Guardian)

3rd Respondent

Procedural Posture

Appeal (care Proceedings) / Appeal From Findings of Fact in Care Proceedings

Legal Issues

  1. 1 Whether the judge erred in finding either or both parents responsible for the child's injuries when non-accidental causation was not established
  2. 2 Whether the procedure adopted at trial was unfair to the mother
  3. 3 Whether findings of failure to protect and collusion were justified

Ratio Decidendi

Where the local authority cannot prove non-accidental causation of a child's injuries, the court cannot find either or both parents responsible for those injuries for the purposes of the threshold criteria under s.31(2) of the Children Act 1989. Findings may be made on failure to protect and collusion, but not on causation or responsibility for the injuries themselves.

Court Disposition

Appeal allowed to the limited extent of substituting findings on threshold criteria; findings of responsibility for injuries set aside.

Orders

  • Substitute findings: BL suffered serious physical injury while in the care of his parents; injuries consistent with accidental or non-accidental causation; threshold criteria satisfied by failure to seek prompt medical attention and collusion, not by causation of injuries.
  • Assessment phase to proceed without treating either parent as a perpetrator of the injuries.