L (A Child) (Need for fact finding hearing) [2016] EWFC 52 (02 November 2016)

L (A Child) (Need for fact finding hearing) [2016] EWFC 52 (02 November 2016)

It would be unsafe and irresponsible to return the child to her father's care without a full fact-finding hearing and further expert assessments, given the unresolved concerns about the causation of the child's injuries and the father's psychological state.

Citation
[2016] EWFC 52
Parties
Applicant: Local Authority; First Respondent (child): L (A Child); Second Respondent: Mother; Third Respondent: Father
Jurisdiction
England and Wales
Judgment Date
02 November 2016
Procedural Posture
Care Proceedings (children Act 1989) / Interim Hearing With Directions; Adjourned for Further Fact Finding
Outcome
Adjourned for further directions and fact-finding; no final determination on care or rehabilitation to parents.
Legal Topics
Care Orders, Fact Finding Hearings, Parental Responsibility, Non Accidental Injury, Child Welfare
Family Law Child Protection Care Orders Fact Finding Hearings Parental Responsibility Non Accidental Injury Child Welfare

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Parties

Local Authority

Applicant

L (A Child)

First Respondent (child)

Mother

Second Respondent

Father

Third Respondent

Procedural Posture

Care Proceedings (children Act 1989) / Interim Hearing With Directions; Adjourned for Further Fact Finding

Legal Issues

  1. 1 Whether the child suffered non-accidental injuries while in the care of her father
  2. 2 Whether the child can safely return to live with her father
  3. 3 Whether further psychological and paediatric assessments are required before final determination

Ratio Decidendi

It would be unsafe and irresponsible to return the child to her father's care without a full fact-finding hearing and further expert assessments, given the unresolved concerns about the causation of the child's injuries and the father's psychological state.

Court Disposition

Adjourned for further directions and fact-finding; no final determination on care or rehabilitation to parents.

Orders

  • Case adjourned for a fact-finding hearing.
  • Joint instruction of an independent paediatrician to review injuries.