F (A Child) (Fact-Finding Appeal), Re

F (A Child) (Fact-Finding Appeal), Re

The judge's finding that the petechial haemorrhages were inflicted non-accidental injuries caused by the father was unsupported by the medical evidence and insufficiently reasoned, particularly regarding the mechanism of injury and engagement with evidence pointing against inflicted injury. The judgment must be set aside.

Parties
Appellant: Father; 2nd Respondent: Mother; 1st Respondent: Local Authority; 3rd Respondent: Child (F) through Guardian
Jurisdiction
England and Wales
Judgment Date
16 July 2019
Procedural Posture
Care Proceedings / Appeal From Fact Finding Judgment
Outcome
Appeal allowed; judgment set aside; rehearing permitted if Local Authority chooses to pursue.
Legal Topics
Care Proceedings, Expert Evidence, Fact Finding, Children Act 1989, Children and Families Act 2014
Family Law Child Protection Care Proceedings Expert Evidence Fact Finding Children Act 1989 Children and Families Act 2014

Case Brief

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Parties

Father

Appellant

Mother

2nd Respondent

Local Authority

1st Respondent

Child (F) through Guardian

3rd Respondent

Procedural Posture

Care Proceedings / Appeal From Fact Finding Judgment

Legal Issues

  1. 1 Whether the judge's finding of inflicted injury was supported by the medical evidence
  2. 2 Adequacy of reasoning for finding father responsible for injuries
  3. 3 Proper application of expert evidence rules under section 13 Children and Families Act 2014 and Part 25 Family Procedure Rules

Ratio Decidendi

The judge's finding that the petechial haemorrhages were inflicted non-accidental injuries caused by the father was unsupported by the medical evidence and insufficiently reasoned, particularly regarding the mechanism of injury and engagement with evidence pointing against inflicted injury. The judgment must be set aside.

Court Disposition

Appeal allowed; judgment set aside; rehearing permitted if Local Authority chooses to pursue.

Orders

  • Judgment set aside
  • Local Authority permitted to pursue a rehearing if they choose