D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)

D (The Father), Re [2010] EWHC 3342 (Fam) (21 December 2010)

There is a sufficient factual basis from the criminal proceedings to assess risk to the children on the basis of 'uncertain perpetrator'; ordering a further fact finding hearing would be disproportionate, costly, and unlikely to yield greater clarity, so such a hearing is refused.

Source-derived case information.

Citation
[2010] EWHC 3342 (Fam)
Parties
Applicant: K County Council; 1st Respondent: W; 2nd Respondent: D; 3rd, 4th, 5th and 6th Respondents: L & A and C & M (by their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
21 December 2010
Procedural Posture
Care Proceedings (children Act 1989) / Application for Fact Finding Hearing; Interim Case Management
Outcome
Application for fact finding hearing refused
Legal Topics
Fact Finding Hearings, Threshold Criteria, Risk Assessment, Uncertain Perpetrator, Children Act 1989 S.31(2)
Family Law Child Protection Fact Finding Hearings Threshold Criteria Risk Assessment Uncertain Perpetrator Children Act 1989 S.31(2)

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Parties

K County Council

Applicant

W

1st Respondent

D

2nd Respondent

L & A and C & M (by their Children's Guardian)

3rd, 4th, 5th and 6th Respondents

Procedural Posture

Care Proceedings (children Act 1989) / Application for Fact Finding Hearing; Interim Case Management

Legal Issues

  1. 1 Whether to order a fact finding hearing regarding the father's alleged involvement in the death of child K
  2. 2 Whether the evidence from previous criminal proceedings suffices for risk assessment in current care proceedings
  3. 3 Interpretation of 'uncertain perpetrator' in risk assessment for future harm

Ratio Decidendi

There is a sufficient factual basis from the criminal proceedings to assess risk to the children on the basis of 'uncertain perpetrator'; ordering a further fact finding hearing would be disproportionate, costly, and unlikely to yield greater clarity, so such a hearing is refused.

Court Disposition

Application for fact finding hearing refused

Orders

  • Assessment to determine whether C's burns were neglectful or deliberate
  • Clarification of material facts regarding emotional abuse