Coventry City Council v A & Ors

Coventry City Council v A & Ors

The court found, on the balance of probabilities, that B's rib fractures and facial bruise were caused by inappropriate force applied by her father, C, on two occasions, and that the mother, A, lied to protect him. The injuries were not explained by Vitamin D deficiency or other medical causes. The parents' handling...

Source-derived case information.

Parties
Applicant: Coventry City Council; First Respondent / Mother: A; Second Respondent / Father: C; Third Respondent / Child: B (by her Children’s Guardian, Sian Harrison)
Jurisdiction
England and Wales
Judgment Date
18 April 2023
Procedural Posture
Care Proceedings (public Law) / Judgment After Fact Finding Hearing
Outcome
Threshold criteria for care order met; findings of non-accidental injury made against the father; mother found to have lied to protect father; no finding of wilful failure to follow sleeping or feeding advice.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Parental Responsibility, Expert Evidence
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Parental Responsibility Expert Evidence

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Parties

Coventry City Council

Applicant

A

First Respondent / Mother

C

Second Respondent / Father

B (by her Children’s Guardian, Sian Harrison)

Third Respondent / Child

Procedural Posture

Care Proceedings (public Law) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether threshold criteria under s.31 Children Act 1989 are met for making a care order
  2. 2 Whether B's injuries (rib fractures, bruise) were non-accidental and caused by a parent
  3. 3 Whether parents failed to follow safe sleeping and feeding advice

Ratio Decidendi

The court found, on the balance of probabilities, that B's rib fractures and facial bruise were caused by inappropriate force applied by her father, C, on two occasions, and that the mother, A, lied to protect him. The injuries were not explained by Vitamin D deficiency or other medical causes. The parents' handling of B in certain instances fell below reasonable standards and placed her at risk of significant harm. The threshold criteria under s.31 Children Act 1989 were met for public law intervention. There was insufficient evidence that the parents wilfully failed to follow sleeping or feeding advice to a degree amounting to significant harm.

Court Disposition

Threshold criteria for care order met; findings of non-accidental injury made against the father; mother found to have lied to protect father; no finding of wilful failure to follow sleeping or feeding advice.