JS (a minor), Re

JS (a minor), Re

On the balance of probabilities, J sustained bilateral subdural haematomas and bilateral retinal haemorrhages as a result of inflicted trauma on two occasions in the form of assaults including shaking perpetrated by the father; the mother failed to protect J from physical and emotional harm.

Source-derived case information.

Parties
Applicant: Gloucestershire County Council; 1st Respondent: RH; 2nd Respondent: KS; 3rd Respondent: JS (by his child’s guardian)
Jurisdiction
England and Wales
Judgment Date
29 March 2012
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of non-accidental injury by father; mother absolved of inflicting injury but found culpable for failure to protect.
Legal Topics
Non Accidental Injury, Domestic Violence, Failure to Protect, Care Order, Child Welfare
Family Law Child Protection Non Accidental Injury Domestic Violence Failure to Protect Care Order Child Welfare

Source-derived case record

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Parties

Gloucestershire County Council

Applicant

RH

1st Respondent

KS

2nd Respondent

JS (by his child’s guardian)

3rd Respondent

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries sustained by J were inflicted non-accidentally
  2. 2 Who was responsible for inflicting the injuries
  3. 3 Whether there was one or more than one incident giving rise to the injuries

Ratio Decidendi

On the balance of probabilities, J sustained bilateral subdural haematomas and bilateral retinal haemorrhages as a result of inflicted trauma on two occasions in the form of assaults including shaking perpetrated by the father; the mother failed to protect J from physical and emotional harm.

Court Disposition

Findings of non-accidental injury by father; mother absolved of inflicting injury but found culpable for failure to protect.

Orders

  • Findings to form basis for future assessments of parental roles in J's life.
  • Care order proceedings to continue.