CL v East Riding Yorkshire Council & Ors

CL v East Riding Yorkshire Council & Ors

The trial judge erred in finding the parents responsible for the child's injuries without proof that the injuries were non-accidental. The threshold criteria under section 31(2) of the Children Act 1989 cannot be satisfied by the mere fact of injury absent proof of non-accidental causation. Findings of failure to protect and collusion were justified on the evidence. The appeal is allowed to the limited extent of substituting the findings to remove any implication of parental responsibility for causation of the injuries.

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 / Judgment on Appeal From Findings of Fact in Care Proceedings
Outcome
Appeal allowed to a limited extent
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 / Judgment on Appeal From Findings of Fact in Care Proceedings

Legal Issues

  1. 1 Whether the trial judge erred in finding the parents responsible for the child's injuries without proof of non-accidental causation
  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

The trial judge erred in finding the parents responsible for the child's injuries without proof that the injuries were non-accidental. The threshold criteria under section 31(2) of the Children Act 1989 cannot be satisfied by the mere fact of injury absent proof of non-accidental causation. Findings of failure to protect and collusion were justified on the evidence. The appeal is allowed to the limited extent of substituting the findings to remove any implication of parental responsibility for causation of the injuries.

Court Disposition

Appeal allowed to a limited extent

Orders

  • Substitute findings to remove implication of parental responsibility for causation of injuries; findings limited to failure to protect and collusion
  • Assessment phase to proceed without treating either parent as a perpetrator of the injuries