M-B (Children)

M-B (Children)

The trial judge's fact finding exercise was fatally flawed in all matters relating to the central issue of the child's injuries, rendering the judgment unreliable. The judge failed to properly evaluate the medical evidence, misapplied the burden of proof, and his reasoning was inconsistent and incomprehensible in...

Source-derived case information.

Parties
Appellant: H County Council; 1st Respondent: EB (the mother); 3rd Respondent: FB; Respondent: CM (the father)
Jurisdiction
England and Wales
Judgment Date
14 October 2015
Procedural Posture
Appeal / Judgment on Appeal From Fact Finding Hearing
Outcome
appeal allowed; judgment set aside; case remitted for rehearing
Legal Topics
Care Orders, Non Accidental Injury, Burden of Proof, Fact Finding, Children Act 1989
Family Law Child Protection Care Orders Non Accidental Injury Burden of Proof Fact Finding Children Act 1989

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Parties

H County Council

Appellant

EB (the mother)

1st Respondent

FB

3rd Respondent

CM (the father)

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Fact Finding Hearing

Legal Issues

  1. 1 Whether the trial judge erred in failing to find that the child's fractures were caused non-accidentally and to identify the probable perpetrator or pool of perpetrators
  2. 2 Whether the judge misapplied the burden of proof and failed to properly evaluate the medical evidence

Ratio Decidendi

The trial judge's fact finding exercise was fatally flawed in all matters relating to the central issue of the child's injuries, rendering the judgment unreliable. The judge failed to properly evaluate the medical evidence, misapplied the burden of proof, and his reasoning was inconsistent and incomprehensible in significant parts. The judgment must be set aside and the case remitted for rehearing.

Court Disposition

appeal allowed; judgment set aside; case remitted for rehearing

Orders

  • Judgment of HHJ Wright set aside
  • Case remitted for rehearing before a Family Division High Court judge