O & M (Children)

O & M (Children)

The appeal was dismissed because, although the judge's treatment of the medical evidence regarding bruising was cursory, the totality of the evidence—particularly the consistent statements by J, the timing of the limp, and the lack of alternative explanations—was so strong that the judge was entitled to find that the father had kicked J and caused the fracture, even in the absence of bruising.

Parties
Appellant: Father; First Respondent: Kingston-upon-Hull City Council (Local Authority); Second Respondent: Mother; Third Respondent: Stepfather; Fourth Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
30 August 2006
Procedural Posture
Care Proceedings (children) / Appeal From Fact Finding Judgment
Outcome
Appeal dismissed
Legal Topics
Care Proceedings, Fact Finding, Non Accidental Injury, Children Act 1989, Appeals
Family Law Child Protection Care Proceedings Fact Finding Non Accidental Injury Children Act 1989 Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant

Kingston-upon-Hull City Council (Local Authority)

First Respondent

Mother

Second Respondent

Stepfather

Third Respondent

Guardian

Fourth Respondent

Procedural Posture

Care Proceedings (children) / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the finding that the father caused the child's fracture by kicking was safe in light of the medical evidence regarding bruising
  2. 2 Whether the judge failed to properly address the medical evidence and the absence of bruising

Ratio Decidendi

The appeal was dismissed because, although the judge's treatment of the medical evidence regarding bruising was cursory, the totality of the evidence—particularly the consistent statements by J, the timing of the limp, and the lack of alternative explanations—was so strong that the judge was entitled to find that the father had kicked J and caused the fracture, even in the absence of bruising.

Court Disposition

Appeal dismissed

Orders

  • No order for costs save for detailed assessment of the mother's, father's, stepfather's and guardian's publicly funded costs