Devon County Council v M & Ors [2018] EWFC 105 (B) (04 May 2018)

Devon County Council v M & Ors [2018] EWFC 105 (B) (04 May 2018)

The court found, on the balance of probabilities, that A's injuries (including brain injury, subdural haemorrhages, rib fractures, and bruising) were caused non-accidentally by either the mother or the father. There was no credible medical or accidental explanation for the constellation of injuries. Both parents were included in the pool of possible perpetrators, and neither could be excluded. The court was not satisfied that the injuries were caused by an unknown or medical cause. The local authority discharged its burden of proof.

Citation
[2018] EWFC 105 (B)
Parties
Applicant: Devon County Council; First Respondent: M; Second Respondent: F; Third Respondent: A, through his Children's Guardian
Jurisdiction
England and Wales
Judgment Date
04 May 2018
Procedural Posture
Care Proceedings (fact Finding) / Judgment After Substantive Hearing
Outcome
Findings of non-accidental injury made against both parents; both included in pool of possible perpetrators.
Legal Topics
Non Accidental Injury, Care Orders, Fact Finding Hearing, Burden and Standard of Proof, Expert Medical Evidence, Child Safeguarding
Family Law Child Protection Non Accidental Injury Care Orders Fact Finding Hearing Burden and Standard of Proof Expert Medical Evidence Child Safeguarding

Case Brief

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Parties

Devon County Council

Applicant

M

First Respondent

F

Second Respondent

A, through his Children's Guardian

Third Respondent

Procedural Posture

Care Proceedings (fact Finding) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether injuries sustained by A were non-accidental and caused by either parent
  2. 2 Whether either parent failed to protect A from harm
  3. 3 Whether there is a medical or unknown cause for A's injuries

Ratio Decidendi

The court found, on the balance of probabilities, that A's injuries (including brain injury, subdural haemorrhages, rib fractures, and bruising) were caused non-accidentally by either the mother or the father. There was no credible medical or accidental explanation for the constellation of injuries. Both parents were included in the pool of possible perpetrators, and neither could be excluded. The court was not satisfied that the injuries were caused by an unknown or medical cause. The local authority discharged its burden of proof.

Court Disposition

Findings of non-accidental injury made against both parents; both included in pool of possible perpetrators.

Orders

  • A to remain in the care of the local authority under interim care order.
  • Directions for further welfare hearing and care planning.