CK (A Child: Fact-finding)

CK (A Child: Fact-finding)

The trial judge was entitled to find, on the balance of probabilities, that the mother inflicted non-accidental injuries on the child based on the medical evidence, the absence of a genetic or accidental explanation, the pattern of lying, and her assessment of the parties' credibility. The judge's inability to make findings about some bruising in hospital did not undermine her findings on the injuries sustained in the parents' care.

Parties
Appellant: C's Mother; First Respondent: Local Authority; Second Respondent: C's Father; Third Respondent: Guardian/Third Respondent
Jurisdiction
England and Wales
Judgment Date
13 July 2022
Procedural Posture
Appeal (care Proceedings) / Judgment on Appeal From Fact Finding in Family Court
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Non Accidental Injury, Fact Finding, Appeal, Identification of Perpetrator, Expert Medical Evidence
Family Law Child Protection Care Proceedings Non Accidental Injury Fact Finding Appeal Identification of Perpetrator Expert Medical Evidence

Case Brief

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Parties

C's Mother

Appellant

Local Authority

First Respondent

C's Father

Second Respondent

Guardian/Third Respondent

Third Respondent

Procedural Posture

Appeal (care Proceedings) / Judgment on Appeal From Fact Finding in Family Court

Legal Issues

  1. 1 Whether the trial judge erred in finding that the mother inflicted non-accidental injuries on the child
  2. 2 Whether the judge properly considered the medical and genetic evidence
  3. 3 Whether the judge's findings on credibility and perpetrator identification were justified

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities, that the mother inflicted non-accidental injuries on the child based on the medical evidence, the absence of a genetic or accidental explanation, the pattern of lying, and her assessment of the parties' credibility. The judge's inability to make findings about some bruising in hospital did not undermine her findings on the injuries sustained in the parents' care.

Court Disposition

Appeal dismissed

Orders

  • Findings of fact by the Family Court judge upheld
  • No rehearing ordered