LCC v V & B [2023] EWFC 268 (B) (18 August 2023)

LCC v V & B [2023] EWFC 268 (B) (18 August 2023)

The court found, on the balance of probabilities, that B's three skull fractures were non-accidental, not birth-related, and not explained by genetic abnormality. The injuries were inflicted by one or more of the three adult carers (mother, father, uncle) using excessive force on repeated occasions. All three adults remained within the pool of perpetrators, and none could be excluded. The court rejected the respondents' explanations and the evidence of Dr Elhassan Magid as not credible.

Citation
[2023] EWFC 268 (B)
Parties
Applicant: LCC; Respondent Mother: V; Respondent Father: B; Intervenor (maternal Uncle): U; Children (by Guardian): Children (A and B) through Guardian Ms Laurie
Jurisdiction
England and Wales
Judgment Date
18 August 2023
Procedural Posture
Care Proceedings (public Law) / Fact Finding Hearing
Outcome
Findings of fact made against all three adult carers; threshold for care proceedings met.
Legal Topics
Care Orders, Non Accidental Injury, Pool of Perpetrators, Expert Evidence, Threshold Criteria
Family Law Child Protection Care Orders Non Accidental Injury Pool of Perpetrators Expert Evidence Threshold Criteria

Case Brief

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Parties

LCC

Applicant

V

Respondent Mother

B

Respondent Father

U

Intervenor (maternal Uncle)

Children (A and B) through Guardian Ms Laurie

Children (by Guardian)

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to child B were non-accidental
  2. 2 Whether injuries could be attributed to birth trauma or genetic abnormality
  3. 3 Identification of perpetrator(s) within the pool of carers

Ratio Decidendi

The court found, on the balance of probabilities, that B's three skull fractures were non-accidental, not birth-related, and not explained by genetic abnormality. The injuries were inflicted by one or more of the three adult carers (mother, father, uncle) using excessive force on repeated occasions. All three adults remained within the pool of perpetrators, and none could be excluded. The court rejected the respondents' explanations and the evidence of Dr Elhassan Magid as not credible.

Court Disposition

Findings of fact made against all three adult carers; threshold for care proceedings met.

Orders

  • Findings in paragraphs 9-14 of the schedule of findings established as proved.
  • All three adults (mother, father, uncle) remain within the pool of perpetrators for the inflicted injuries to B.