IB & EB (Children)

IB & EB (Children)

The court found, on the balance of probabilities, that EB's pharyngeal tear and associated bleeding were inflicted non-accidentally by the mother, based on timing, opportunity, and exclusion of other causes. Other injuries (rib fractures, cotton wool, swollen arytenoids) were not proved to be inflicted by the...

Source-derived case information.

Parties
Applicant: Devon County Council; Respondent: A Mother; Respondent: A Father; Child (by Guardian): IB; Child (by Guardian): EB; Intervener: Southampton Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
30 January 2014
Procedural Posture
Care Proceedings / Fact Finding Judgment
Outcome
Partial findings for applicant; mother found to have inflicted pharyngeal tear on EB; other allegations not proved.
Legal Topics
Non Accidental Injury, Factitious and Induced Illness, Care Orders, Disclosure Obligations, Expert Evidence, Failure to Protect
Family Law Child Protection Non Accidental Injury Factitious and Induced Illness Care Orders Disclosure Obligations Expert Evidence Failure to Protect

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Devon County Council

Applicant

A Mother

Respondent

A Father

Respondent

IB

Child (by Guardian)

EB

Child (by Guardian)

Southampton Hospital NHS Trust

Intervener

Procedural Posture

Care Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to IB and EB were inflicted non-accidentally by a parent
  2. 2 Whether injuries constitute induced illness
  3. 3 Whether the non-perpetrating parent failed to protect the children

Ratio Decidendi

The court found, on the balance of probabilities, that EB's pharyngeal tear and associated bleeding were inflicted non-accidentally by the mother, based on timing, opportunity, and exclusion of other causes. Other injuries (rib fractures, cotton wool, swollen arytenoids) were not proved to be inflicted by the parents due to uncertainty and possibility of medical intervention. The allegation of induced illness was not proved. The father did not fail to protect the children as he had no knowledge or reason to suspect harm.

Court Disposition

Partial findings for applicant; mother found to have inflicted pharyngeal tear on EB; other allegations not proved.

Orders

  • Current interim care arrangements for the children to continue.
  • Case adjourned for further consideration of future proceedings.