Cumbria County Council v M and F (Fact-Finding No. 1 : Unedited)

Cumbria County Council v M and F (Fact-Finding No. 1 : Unedited)

The court found that the local authority did not prove that the parents caused the leg fractures, but established that both parents failed to obtain medical care for P in relation to a serious injury they either knew or ought to have known she had suffered. The court found, on the balance of probabilities, that the...

Source-derived case information.

Parties
Applicant: Cumbria County Council; 1st Respondent (mother): M; 2nd Respondent (father): F; 3rd Respondents: The children (by their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
28 March 2014
Procedural Posture
Care Proceedings (fact Finding) / Judgment After Fact Finding Hearing
Outcome
Findings of fact made; threshold for statutory intervention crossed; cause of death unascertained.
Legal Topics
Care Orders, Non Accidental Injury, Sexual Abuse, Neglect, Threshold Criteria, Expert Evidence, Safeguarding Procedures
Family Law Child Protection Care Orders Non Accidental Injury Sexual Abuse Neglect Threshold Criteria Expert Evidence +1 more

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Parties

Cumbria County Council

Applicant

M

1st Respondent (mother)

F

2nd Respondent (father)

The children (by their Children’s Guardian)

3rd Respondents

Procedural Posture

Care Proceedings (fact Finding) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the parents caused non-accidental injuries to the child P
  2. 2 Whether the parents failed to seek medical attention for P's injuries
  3. 3 Whether the father perpetrated a penetrative anal assault on P

Ratio Decidendi

The court found that the local authority did not prove that the parents caused the leg fractures, but established that both parents failed to obtain medical care for P in relation to a serious injury they either knew or ought to have known she had suffered. The court found, on the balance of probabilities, that the father perpetrated a penetrative anal assault on P, causing her injuries, but that the cause of P’s death remained unascertained.

Court Disposition

Findings of fact made; threshold for statutory intervention crossed; cause of death unascertained.

Orders

  • Parties invited to make submissions as to the course to bring proceedings to a conclusion and any further directions.