M (A Child)(Non-Accidental Injuries; Wider Canvas), Re

M (A Child)(Non-Accidental Injuries; Wider Canvas), Re

The Local Authority has not discharged the burden of proof on the balance of probabilities that M's injuries were inflicted by any parent or intervenor. The evidence, including expert medical opinion, is inconsistent and incomplete, and the broad canvas points away from inflicted injury. The cause of M's fractures is unknown. No threshold findings under s.31 Children Act 1989 are made.

Parties
Applicant: Kent County Council; First Respondent: The Mother; Second Respondent: The Father; Third Respondent: M (by his children's Guardian); First Intervener: A (paternal grandmother); Second Intervener: K (paternal grandfather); Third Intervener: O (maternal grandfather)
Jurisdiction
England and Wales
Judgment Date
29 July 2024
Procedural Posture
Care Proceedings (children Act 1989, S.31) / Fact Finding Judgment
Outcome
All allegations of inflicted injury not proved; threshold not met; no findings against parents or intervenors.
Legal Topics
Non Accidental Injury, Burden of Proof, Expert Evidence, Fact Finding, Care Orders, Identification of Perpetrator, Unknown Cause, Medical Causation
Family Law Child Protection Non Accidental Injury Burden of Proof Expert Evidence Fact Finding Care Orders Identification of Perpetrator +2 more

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Parties

Kent County Council

Applicant

The Mother

First Respondent

The Father

Second Respondent

M (by his children's Guardian)

Third Respondent

A (paternal grandmother)

First Intervener

K (paternal grandfather)

Second Intervener

O (maternal grandfather)

Third Intervener

Procedural Posture

Care Proceedings (children Act 1989, S.31) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the child M's fractures were caused by non-accidental injury or have an organic/unknown cause
  2. 2 Whether any parent or intervenor can be identified as a perpetrator of inflicted injury
  3. 3 Whether the Local Authority has discharged the burden of proof for threshold findings under s.31 Children Act 1989

Ratio Decidendi

The Local Authority has not discharged the burden of proof on the balance of probabilities that M's injuries were inflicted by any parent or intervenor. The evidence, including expert medical opinion, is inconsistent and incomplete, and the broad canvas points away from inflicted injury. The cause of M's fractures is unknown. No threshold findings under s.31 Children Act 1989 are made.

Court Disposition

All allegations of inflicted injury not proved; threshold not met; no findings against parents or intervenors.

Orders

  • No findings under s.31 Children Act 1989;
  • Local Authority invited to plan for M's return home;