In the Matter of L (A Child)

Given the unresolved factual issues regarding the child's injuries and the father's admitted anger problems, it would be unsafe and irresponsible to return the child to her father's care without a full fact-finding hearing and further psychological and paediatric assessment.

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 / Interim Hearing With Directions; Adjournment for Fact Finding
Outcome: Adjournment; directions for further assessment and fact-finding hearing
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

Case Brief

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Parties

Local Authority

Applicant

L (A Child)

First Respondent (child)

Mother

Second Respondent

Father

Third Respondent

Procedural Posture

Care Proceedings / Interim Hearing With Directions; Adjournment for Fact Finding

Legal Issues

1 Whether the child suffered non-accidental injuries while in the father's care
2 Whether the child can safely return to live with her father
3 Whether the mother is able to care for the child

Ratio Decidendi

Court Disposition

Adjournment; directions for further assessment and fact-finding hearing

Orders

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