Kent County Council v C & Ors [2018] EWFC B28 (20 March 2018)

Kent County Council v C & Ors [2018] EWFC B28 (20 March 2018)

The Local Authority failed to prove on the balance of probabilities that Ms C or Mr H caused non-accidental injuries to L or that the injuries were inflicted. The evidence did not support findings of cruel or excessive punishment beyond what was admitted. The court found that domestic abuse occurred and caused significant emotional harm to L, and both children were exposed to it. However, Ms C's actions were not classified as a culpable failure to protect, given the impact of abuse on her agency.

Citation
[2018] EWFC B28
Parties
Applicant: Kent County Council; Respondent/mother: Ms C; Respondent/father of D: Mr H; Father of L: Mr B
Jurisdiction
England and Wales
Judgment Date
20 March 2018
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings made in part; threshold met only on basis of domestic abuse and emotional harm to L; other allegations not proved.
Legal Topics
Care Proceedings, Threshold Criteria, Domestic Abuse, Non Accidental Injury, Special Guardianship, Emotional Harm, Physical Harm
Family Law Child Protection Care Proceedings Threshold Criteria Domestic Abuse Non Accidental Injury Special Guardianship Emotional Harm +1 more

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Parties

Kent County Council

Applicant

Ms C

Respondent/mother

Mr H

Respondent/father of D

Mr B

Father of L

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are met for L and D
  2. 2 Whether injuries to L were non-accidental and caused by Ms C or Mr H
  3. 3 Whether inappropriate or excessive punishment was used

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that Ms C or Mr H caused non-accidental injuries to L or that the injuries were inflicted. The evidence did not support findings of cruel or excessive punishment beyond what was admitted. The court found that domestic abuse occurred and caused significant emotional harm to L, and both children were exposed to it. However, Ms C's actions were not classified as a culpable failure to protect, given the impact of abuse on her agency.

Court Disposition

Findings made in part; threshold met only on basis of domestic abuse and emotional harm to L; other allegations not proved.

Orders

  • Fact-finding judgment delivered; welfare disposal adjourned for further submissions.
  • Fresh special guardianship assessment to be undertaken by a different social worker.