T (A Child : fact finding) [2014] EWFC B115 (12 September 2014)

T (A Child : fact finding) [2014] EWFC B115 (12 September 2014)

The court found that, on the balance of probabilities, the cause of T's subdural haemorrhages was unknown and not non-accidental injury. The expert evidence did not support a finding of inflicted trauma in the absence of corroborating evidence, and the threshold for a care order under s 31(2) Children Act 1989 was not met.

Citation
[2014] EWFC B115
Parties
Mother: TM; Father: TC; Maternal Grandparent: JM; Maternal Grandparent: MM; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
12 September 2014
Procedural Posture
Care Proceedings / Fact Finding Element of Final Hearing
Outcome
Application for care order dismissed
Legal Topics
Care Proceedings, Non Accidental Injury, Threshold Criteria, Expert Evidence, Burden of Proof
Family Law Child Protection Care Proceedings Non Accidental Injury Threshold Criteria Expert Evidence Burden of Proof

Case Brief

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Parties

TM

Mother

TC

Father

JM

Maternal Grandparent

MM

Maternal Grandparent

Local Authority

Applicant

Procedural Posture

Care Proceedings / Fact Finding Element of Final Hearing

Legal Issues

  1. 1 Whether the injuries to child T were caused by non-accidental injury or unknown aetiology
  2. 2 Whether the threshold for a care order under s 31(2) Children Act 1989 is met

Ratio Decidendi

The court found that, on the balance of probabilities, the cause of T's subdural haemorrhages was unknown and not non-accidental injury. The expert evidence did not support a finding of inflicted trauma in the absence of corroborating evidence, and the threshold for a care order under s 31(2) Children Act 1989 was not met.

Court Disposition

Application for care order dismissed

Orders

  • Local authority's application for a care order is dismissed
  • Parents and maternal grandmother are exonerated