Kent County Council v C & Ors

Kent County Council v C & Ors

On the balance of probabilities, all injuries to A were self-inflicted due to her extreme behaviour and disabilities; neither mother nor G caused or failed to prevent the injuries. The Local Authority did not prove its allegations.

Parties
Applicant: Kent County Council; First Respondent: C; Second Respondent: D; Third Respondent: E; Fourth Respondent: F; Intervenor: G; Fifth Respondent: A; Sixth Respondent: B
Jurisdiction
England and Wales
Judgment Date
10 September 2021
Procedural Posture
Care Proceedings / Final Judgment After Fact Finding Hearing
Outcome
All allegations against mother and G dismissed; findings in favour of respondents.
Legal Topics
Non Accidental Injury, Safeguarding, Fact Finding, Care Orders, Child With Disabilities
Family Law Child Protection Non Accidental Injury Safeguarding Fact Finding Care Orders Child With Disabilities

Case Brief

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Parties

Kent County Council

Applicant

C

First Respondent

D

Second Respondent

E

Third Respondent

F

Fourth Respondent

G

Intervenor

A

Fifth Respondent

B

Sixth Respondent

Procedural Posture

Care Proceedings / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to child A were non-accidental and caused by mother or G
  2. 2 Whether mother or G failed to protect A from harm
  3. 3 Assessment of credibility of medical and lay witnesses

Ratio Decidendi

On the balance of probabilities, all injuries to A were self-inflicted due to her extreme behaviour and disabilities; neither mother nor G caused or failed to prevent the injuries. The Local Authority did not prove its allegations.

Court Disposition

All allegations against mother and G dismissed; findings in favour of respondents.

Orders

  • Care proceedings concluded; children to remain with mother and great grandparents.
  • Local Authority to continue support for family as necessary.