S and T (Children : care orders)

S and T (Children : care orders)

The threshold criteria under section 31 Children Act 1989 were met due to significant harm from non-accidental injuries, neglect, and exposure to domestic abuse. The Mother was found, on the balance of probabilities, to have perpetrated three non-accidental injuries to T (bruise, cigarette burn, and wrist fracture)...

Source-derived case information.

Parties
Applicant: Kent County Council; First Respondent (mother): Ms P; Second Respondent (father of S): Mr Q; Third Respondent (father of T): Mr R; Fourth and Fifth Respondents: S and T (Children, by Guardian Rebecca Tait); Intervenor: Ms Z
Jurisdiction
England and Wales
Judgment Date
17 December 2019
Procedural Posture
Care Proceedings (family) / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Special Guardianship Orders granted for both children to the Paternal Grandmother and her husband; findings of non-accidental injury and neglect against the Mother; findings of neglect and domestic abuse against both parents; T's surname changed to R-Q; supervised contact arrangements ordered.
Legal Topics
Care Orders, Special Guardianship Orders, Non Accidental Injury, Neglect, Domestic Abuse, Threshold Criteria, Welfare Checklist, Expert Evidence, Failure to Protect
Family Law Child Protection Care Orders Special Guardianship Orders Non Accidental Injury Neglect Domestic Abuse Threshold Criteria +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 8 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Kent County Council

Applicant

Ms P

First Respondent (mother)

Mr Q

Second Respondent (father of S)

Mr R

Third Respondent (father of T)

S and T (Children, by Guardian Rebecca Tait)

Fourth and Fifth Respondents

Ms Z

Intervenor

Procedural Posture

Care Proceedings (family) / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether threshold criteria under section 31 Children Act 1989 are met for S and T
  2. 2 Whether injuries to T (bruise, burn, fracture) were non-accidental and, if so, by whom
  3. 3 Whether S's torn frenulum was non-accidental

Ratio Decidendi

The threshold criteria under section 31 Children Act 1989 were met due to significant harm from non-accidental injuries, neglect, and exposure to domestic abuse. The Mother was found, on the balance of probabilities, to have perpetrated three non-accidental injuries to T (bruise, cigarette burn, and wrist fracture) and to have used excessive force causing S's frenulum injury. Mr Q was not found to have perpetrated injuries but failed to support the Mother and contributed to neglect. Both parents engaged in domestic abuse. The boys' welfare required Special Guardianship Orders in favour of the Paternal Grandmother and her husband, with supervised contact for the parents and Mr R, and T's...

Court Disposition

Special Guardianship Orders granted for both children to the Paternal Grandmother and her husband; findings of non-accidental injury and neglect against the Mother; findings of neglect and domestic abuse against both parents; T's surname changed to R-Q; supervised contact arrangements ordered.

Orders

  • Special Guardianship Orders for S and T in favour of the Paternal Grandmother and her husband
  • Contact for each parent and Mr R to be supervised by the Paternal Grandmother, with frequency reducing to monthly after transition period