J (A Child) [2020] EWFC 60 (23 December 2020)

J (A Child) [2020] EWFC 60 (23 December 2020)

The court finds, on the balance of probabilities, that J suffered non-accidental injuries while in the care of individuals with access to him, and that the threshold criteria for significant harm under s.31 Children Act 1989 are met. The evidence, including expert medical testimony and the lack of credible alternative explanations, supports the conclusion that the injuries were inflicted. The court cannot identify a single perpetrator but finds a real possibility that M, F, or XYZ caused the injuries, placing them in the pool of possible perpetrators.

Citation
[2020] EWFC 60
Parties
Mother (m): AB; Father (f): CD; Intervener: XYZ; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
23 December 2020
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing
Outcome
Findings of fact made; threshold criteria met; matter proceeds to welfare stage.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Burden of Proof, Expert Evidence
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Burden of Proof Expert Evidence

Case Brief

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Parties

AB

Mother (m)

CD

Father (f)

XYZ

Intervener

Local Authority

Applicant

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to J were non-accidental and inflicted
  2. 2 Whether threshold criteria under s.31 Children Act 1989 are met
  3. 3 Identification of possible perpetrator(s)

Ratio Decidendi

The court finds, on the balance of probabilities, that J suffered non-accidental injuries while in the care of individuals with access to him, and that the threshold criteria for significant harm under s.31 Children Act 1989 are met. The evidence, including expert medical testimony and the lack of credible alternative explanations, supports the conclusion that the injuries were inflicted. The court cannot identify a single perpetrator but finds a real possibility that M, F, or XYZ caused the injuries, placing them in the pool of possible perpetrators.

Court Disposition

Findings of fact made; threshold criteria met; matter proceeds to welfare stage.

Orders

  • J to remain in foster care under interim care order pending welfare determination.
  • Directions for further submissions and evidence at welfare stage.