Lancashire County Council v H & Ors

Lancashire County Council v H & Ors

The local authority has not established on the balance of probabilities that A was deliberately smothered by Mr C; it is at least as likely that A died as a result of being overlain by Mr C and/or wedged in a position where he could not breathe. The threshold for intervention to protect K and J has been comprehensively crossed due to chronic neglect, violence, and substance misuse.

Parties
Applicant: Lancashire County Council; Respondent: Ms H; Respondent: Mr C; Respondent: Mr B; Respondent: The Children
Jurisdiction
England and Wales
Judgment Date
28 October 2016
Procedural Posture
Family / Fact Finding Rehearing
Outcome
Local authority's allegations of deliberate smothering and inflicted injuries not proved on balance of probabilities; threshold for intervention crossed.
Legal Topics
Fact Finding, Child Neglect, Domestic Violence, Asphyxiation, Expert Evidence
Family Law Child Protection Fact Finding Child Neglect Domestic Violence Asphyxiation Expert Evidence

Case Brief

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Parties

Lancashire County Council

Applicant

Ms H

Respondent

Mr C

Respondent

Mr B

Respondent

The Children

Respondent

Procedural Posture

Family / Fact Finding Rehearing

Legal Issues

  1. 1 Whether Mr C inflicted injuries on A prior to death
  2. 2 Whether A died as a result of deliberate smothering by Mr C
  3. 3 Whether bruising to A's head, leg, and penis was inflicted

Ratio Decidendi

The local authority has not established on the balance of probabilities that A was deliberately smothered by Mr C; it is at least as likely that A died as a result of being overlain by Mr C and/or wedged in a position where he could not breathe. The threshold for intervention to protect K and J has been comprehensively crossed due to chronic neglect, violence, and substance misuse.

Court Disposition

Local authority's allegations of deliberate smothering and inflicted injuries not proved on balance of probabilities; threshold for intervention crossed.

Orders

  • Death of A to be treated as not having been caused by deliberate smothering as a matter of law.
  • Findings of chronic neglect, violence, and substance misuse against Ms H and Mr C.