RE A (CHILDREN) (POOL OF PERPETRATORS)

RE A (CHILDREN) (POOL OF PERPETRATORS)

The judge failed to properly apply the legal test for identifying perpetrators in uncertain perpetrator cases, specifically by not considering whether the mother could be found, on the balance of probabilities, to be the sole perpetrator of earlier injuries before including the father in the pool. The finding that the father is in the pool of potential perpetrators cannot stand and must be reheard.

Parties
Appellant: Father; First Respondent: Local Authority; Second Respondent: Mother; Third Respondent: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
17 October 2022
Procedural Posture
Appeal / Judgment on Appeal From Family Court at Reading
Outcome
Appeal allowed
Legal Topics
Care Proceedings, Pool of Perpetrators, Standard of Proof, Failure to Protect, Collusion
Family Law Child Protection Care Proceedings Pool of Perpetrators Standard of Proof Failure to Protect Collusion

Case Brief

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Parties

Father

Appellant

Local Authority

First Respondent

Mother

Second Respondent

Children's Guardian

Third Respondent

Procedural Posture

Appeal / Judgment on Appeal From Family Court at Reading

Legal Issues

  1. 1 Whether the judge erred in applying the law regarding uncertain perpetrator cases and the pool of perpetrators
  2. 2 Whether the judge was wrong to find the father colluded with the mother and failed to protect the child

Ratio Decidendi

The judge failed to properly apply the legal test for identifying perpetrators in uncertain perpetrator cases, specifically by not considering whether the mother could be found, on the balance of probabilities, to be the sole perpetrator of earlier injuries before including the father in the pool. The finding that the father is in the pool of potential perpetrators cannot stand and must be reheard.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed on all grounds.
  • The case is remitted to a different judge for rehearing as to perpetration of the head injuries and fractures and the state of knowledge and actions of any non-perpetrator.