CS (Finding of Fact) [2014] EWFC B171 (17 December 2014)

CS (Finding of Fact) [2014] EWFC B171 (17 December 2014)

CS suffered multiple fractures and bruising which, on the expert medical evidence, were non-accidental in origin and could not be explained by any accidental or medical cause. The threshold criteria under Section 31 Children Act 1989 are met as CS suffered significant harm attributable to the care given to him not being what it would be reasonable to expect a parent to provide. The pool of possible perpetrators includes both parents and the paternal grandmother, but the court cannot identify the specific perpetrator. There was a failure by the parents to protect CS by not seeking medical attention and not following up on medical advice regarding bruising.

Citation
[2014] EWFC B171
Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Intervener: Paternal Grandmother; Intervener: Paternal Grandfather; Intervener: Maternal Grandmother; Subject: CS (the child)
Jurisdiction
England and Wales
Judgment Date
17 December 2014
Procedural Posture
Care Proceedings (public Law) / Fact Finding Hearing Prior to Final Hearing
Outcome
Threshold criteria under Section 31 Children Act 1989 met; findings of non-accidental injury made; pool of possible perpetrators identified; matter to proceed to final welfare hearing.
Legal Topics
Care Orders, Non Accidental Injury, Threshold Criteria, Significant Harm, Section 31 Children Act 1989
Family Law Child Protection Care Orders Non Accidental Injury Threshold Criteria Significant Harm Section 31 Children Act 1989

Case Brief

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Paternal Grandmother

Intervener

Paternal Grandfather

Intervener

Maternal Grandmother

Intervener

CS (the child)

Subject

Procedural Posture

Care Proceedings (public Law) / Fact Finding Hearing Prior to Final Hearing

Legal Issues

  1. 1 Whether CS suffered non-accidental injuries
  2. 2 Whether threshold criteria under Section 31 Children Act 1989 are met
  3. 3 Whether any party can be identified as perpetrator of injuries

Ratio Decidendi

CS suffered multiple fractures and bruising which, on the expert medical evidence, were non-accidental in origin and could not be explained by any accidental or medical cause. The threshold criteria under Section 31 Children Act 1989 are met as CS suffered significant harm attributable to the care given to him not being what it would be reasonable to expect a parent to provide. The pool of possible perpetrators includes both parents and the paternal grandmother, but the court cannot identify the specific perpetrator. There was a failure by the parents to protect CS by not seeking medical attention and not following up on medical advice regarding bruising.

Court Disposition

Threshold criteria under Section 31 Children Act 1989 met; findings of non-accidental injury made; pool of possible perpetrators identified; matter to proceed to final welfare hearing.

Orders

  • Interim care order for CS to remain in foster care pending final hearing
  • Findings of fact as set out in the judgment