Lincolnshire County Council v BW & Ors [2014] EWFC B160 (20 May 2014)

Lincolnshire County Council v BW & Ors [2014] EWFC B160 (20 May 2014)

The court found on the balance of probabilities that S suffered non-accidental injuries inflicted by her father (bite mark and pinna injury) and that both parents are in the pool of perpetrators for the cheek injury. The mother failed to protect S and remains emotionally enmeshed with the father, showing no insight into the risks. The welfare of S requires separation from her parents and placement for adoption, and the stringent test for dispensing with parental consent is met.

Citation
[2014] EWFC B160
Parties
Mother: BW; Father: TW; Applicant: Local Authority; Children's Guardian: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Care and Placement Proceedings / Final Judgment
Outcome
Care order and placement order for adoption granted; parental consent dispensed with.
Legal Topics
Care Orders, Placement Orders, Adoption, Non Accidental Injury, Domestic Violence, Threshold Criteria, Welfare Evaluation
Family Law Child Protection Care Orders Placement Orders Adoption Non Accidental Injury Domestic Violence Threshold Criteria +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

BW

Mother

TW

Father

Local Authority

Applicant

Children's Guardian

Children's Guardian

Procedural Posture

Care and Placement Proceedings / Final Judgment

Legal Issues

  1. 1 Whether S suffered non-accidental injuries inflicted by her parents
  2. 2 Whether the threshold criteria under s.31 Children Act 1989 are met
  3. 3 Whether the mother failed to protect S from harm

Ratio Decidendi

The court found on the balance of probabilities that S suffered non-accidental injuries inflicted by her father (bite mark and pinna injury) and that both parents are in the pool of perpetrators for the cheek injury. The mother failed to protect S and remains emotionally enmeshed with the father, showing no insight into the risks. The welfare of S requires separation from her parents and placement for adoption, and the stringent test for dispensing with parental consent is met.

Court Disposition

Care order and placement order for adoption granted; parental consent dispensed with.

Orders

  • Care order made in respect of S
  • Placement order made in respect of S