B (children), Re [2002] EWCA Civ 902 (29 May 2002)

B (children), Re [2002] EWCA Civ 902 (29 May 2002)

The judge was plainly wrong to exonerate the mother as perpetrator and protectress; the expert medical evidence established that she could not be excluded as a perpetrator and had failed to protect K from non-accidental injuries.

Citation
[2002] EWCA Civ 902
Parties
Mother/respondent: D B; Partner/respondent: K R; Local Authority/applicant: Leeds City Council; Child/subject: Y; Guardian/respondent: Guardian ad litem
Jurisdiction
England and Wales
Judgment Date
29 May 2002
Procedural Posture
Care Proceedings (children Act 1989) / Appeal From Preliminary Issue Hearing
Outcome
Appeals allowed; judge's findings overturned.
Legal Topics
Failure to Protect, Perpetration of Injury, Standard of Proof, Expert Evidence, Split Hearings
Family Law Child Protection Failure to Protect Perpetration of Injury Standard of Proof Expert Evidence Split Hearings

Case Brief

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Parties

D B

Mother/respondent

K R

Partner/respondent

Leeds City Council

Local Authority/applicant

Y

Child/subject

Guardian ad litem

Guardian/respondent

Procedural Posture

Care Proceedings (children Act 1989) / Appeal From Preliminary Issue Hearing

Legal Issues

  1. 1 Whether the mother can be exonerated as perpetrator of injuries to K
  2. 2 Whether the mother failed to protect K from non-accidental injuries
  3. 3 Whether the judge erred in setting aside expert medical evidence

Ratio Decidendi

The judge was plainly wrong to exonerate the mother as perpetrator and protectress; the expert medical evidence established that she could not be excluded as a perpetrator and had failed to protect K from non-accidental injuries.

Court Disposition

Appeals allowed; judge's findings overturned.

Orders

  • K R's application for permission to appeal granted.
  • Local authority's application for permission to appeal granted.