Lancashire County Council v The Children & Ors

Lancashire County Council v The Children & Ors

The local authority did not prove on the balance of probabilities that the parents caused or concealed K’s injury or L’s death. The evidence established that K’s injury was likely accidental and that L’s death remains unexplained. The threshold for care orders was not met.

Parties
Applicant: Lancashire County Council; 1st Respondents: The Children (by their Children’s Guardian); 2nd Respondent: M; 3rd Respondent: F
Jurisdiction
England and Wales
Judgment Date
23 May 2014
Procedural Posture
Care Proceedings / Judgment After Full Hearing
Outcome
Applications for care orders dismissed
Legal Topics
Care Orders, Non Accidental Injury, Sudden Infant Death, Threshold for Intervention, Parental Responsibility
Family Law Child Protection Care Orders Non Accidental Injury Sudden Infant Death Threshold for Intervention Parental Responsibility

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Parties

Lancashire County Council

Applicant

The Children (by their Children’s Guardian)

1st Respondents

M

2nd Respondent

F

3rd Respondent

Procedural Posture

Care Proceedings / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the parents caused or concealed injury to K
  2. 2 Whether the parents caused or concealed the death of L
  3. 3 Whether the threshold for care orders is met

Ratio Decidendi

The local authority did not prove on the balance of probabilities that the parents caused or concealed K’s injury or L’s death. The evidence established that K’s injury was likely accidental and that L’s death remains unexplained. The threshold for care orders was not met.

Court Disposition

Applications for care orders dismissed

Orders

  • Children to return to the care of their parents in a manner to be agreed between the parents and social workers
  • Proceedings concluded