A (a child), Re

A (a child), Re

Although the threshold criteria under Section 31(2) Children Act 1989 would likely have been met due to the unexplained injuries occurring while the child was in the care of parents or hospital staff, there was no evidence to prove the parents caused the injuries. The welfare of the child is best served by remaining with his parents without a care order, so the application to withdraw proceedings was granted.

Parties
Applicant: LB Redbridge; 1st Respondent: B; 2nd Respondent: C; 3rd Respondent (through His Children’s Guardian): A (a child)
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Care Proceedings / Application for Withdrawal of Care Proceedings; Judgment on Reasons for Withdrawal
Outcome
Permission granted to withdraw care proceedings; no order made.
Legal Topics
Care Proceedings, Threshold Criteria, Withdrawal of Proceedings, Section 31(2) Children Act 1989, Welfare of the Child
Family Law Child Protection Care Proceedings Threshold Criteria Withdrawal of Proceedings Section 31(2) Children Act 1989 Welfare of the Child

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Parties

LB Redbridge

Applicant

B

1st Respondent

C

2nd Respondent

A (a child)

3rd Respondent (through His Children’s Guardian)

Procedural Posture

Care Proceedings / Application for Withdrawal of Care Proceedings; Judgment on Reasons for Withdrawal

Legal Issues

  1. 1 Whether threshold criteria under Section 31(2) Children Act 1989 are met
  2. 2 Whether care proceedings should be withdrawn in the welfare interests of the child
  3. 3 Whether parents can be exonerated from responsibility for injuries

Ratio Decidendi

Although the threshold criteria under Section 31(2) Children Act 1989 would likely have been met due to the unexplained injuries occurring while the child was in the care of parents or hospital staff, there was no evidence to prove the parents caused the injuries. The welfare of the child is best served by remaining with his parents without a care order, so the application to withdraw proceedings was granted.

Court Disposition

Permission granted to withdraw care proceedings; no order made.

Orders

  • Care proceedings withdrawn
  • No order as to care or supervision