Devon County Council v M & Ors

Devon County Council v M & Ors

The court found, on the balance of probabilities, that A's rib fractures (between 6 February and 1 March 2017) and brain injuries (on 13 March 2017) were caused non-accidentally by either the mother or father, both of whom are in the pool of possible perpetrators. There was no medical or genetic explanation for the injuries. The court could not identify which parent was the perpetrator and made no finding as to failure to protect. The court did not find, on the balance of probabilities, that the bruising was non-accidental.

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 and Protection / Child Welfare / Fact Finding Judgment
Outcome
Findings of non-accidental injury; both parents in pool of perpetrators; no finding as to bruising or failure to protect.
Legal Topics
Non Accidental Injury, Fact Finding Hearing, Expert Medical Evidence, Burden and Standard of Proof, Pool of Perpetrators, Child Welfare
Family Law Child Protection Non Accidental Injury Fact Finding Hearing Expert Medical Evidence Burden and Standard of Proof Pool of Perpetrators Child Welfare

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 and Protection / Child Welfare / Fact Finding Judgment

Legal Issues

  1. 1 Whether A's injuries (brain injury, rib fractures, bruising) were caused non-accidentally and, if so, by whom
  2. 2 Whether there is a medical/genetic explanation for A's injuries
  3. 3 Whether the parents are in the pool of possible perpetrators

Ratio Decidendi

The court found, on the balance of probabilities, that A's rib fractures (between 6 February and 1 March 2017) and brain injuries (on 13 March 2017) were caused non-accidentally by either the mother or father, both of whom are in the pool of possible perpetrators. There was no medical or genetic explanation for the injuries. The court could not identify which parent was the perpetrator and made no finding as to failure to protect. The court did not find, on the balance of probabilities, that the bruising was non-accidental.

Court Disposition

Findings of non-accidental injury; both parents in pool of perpetrators; no finding as to bruising or failure to protect.

Orders

  • Findings made that A's rib fractures and brain injuries were caused non-accidentally by either the mother or father.
  • No finding made as to bruising being non-accidental.