K and L (fact finding) [2018] EWFC B14 (02 March 2018)

K and L (fact finding) [2018] EWFC B14 (02 March 2018)

The threshold for state intervention under section 31(2) Children Act 1989 is met for both K and L. The evidence establishes that both children have suffered or are likely to suffer significant harm attributable to the care provided by their parents, including repeated unexplained bruising to K, failures to meet L's complex health needs, and inappropriate boundaries. The explanations for K's injuries are inconsistent and unconvincing, and there is a pervasive lack of curiosity or concern from both parents and family members regarding the causes of harm. The mother's management of L's medical needs was inadequate, and the father's explanations for injuries and reporting failures are...

Citation
[2018] EWFC B14
Parties
Mother: EF; Father: GH; Intervenor: IJ; Applicant: Local Authority; Subjects: Children (K and L); Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
02 March 2018
Procedural Posture
Care Proceedings (children Act 1989) / Fact Finding Hearing
Outcome
Threshold for care proceedings met; findings of fact made in favour of the local authority.
Legal Topics
Care Orders, Significant Harm, Threshold Criteria, Non Accidental Injury, Parental Responsibility, Evidence Assessment
Family Law Child Protection Care Orders Significant Harm Threshold Criteria Non Accidental Injury Parental Responsibility Evidence Assessment

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Parties

EF

Mother

GH

Father

IJ

Intervenor

Local Authority

Applicant

Children (K and L)

Subjects

Guardian

Guardian

Procedural Posture

Care Proceedings (children Act 1989) / Fact Finding Hearing

Legal Issues

  1. 1 Whether threshold criteria under section 31(2) Children Act 1989 are met for K and L
  2. 2 Whether injuries to K were non-accidental and attributable to parental care
  3. 3 Whether mother and/or IJ inflicted or failed to prevent harm to K

Ratio Decidendi

The threshold for state intervention under section 31(2) Children Act 1989 is met for both K and L. The evidence establishes that both children have suffered or are likely to suffer significant harm attributable to the care provided by their parents, including repeated unexplained bruising to K, failures to meet L's complex health needs, and inappropriate boundaries. The explanations for K's injuries are inconsistent and unconvincing, and there is a pervasive lack of curiosity or concern from both parents and family members regarding the causes of harm. The mother's management of L's medical needs was inadequate, and the father's explanations for injuries and reporting failures are...

Court Disposition

Threshold for care proceedings met; findings of fact made in favour of the local authority.

Orders

  • Proceedings to continue to welfare stage for final determination of care arrangements for K and L.
  • Further assessments to be conducted as necessary based on findings.