K (a child : fact finding), Re [2015] EWFC B85 (1 July 2015)

K (a child : fact finding), Re [2015] EWFC B85 (1 July 2015)

The court found that the threshold criteria under s31 Children Act 1989 were met in respect of K. The only individuals with a real possibility of causing K's physical injuries were S and L. The fractured clavicle was an inflicted injury caused by significant force, not explained by accidental means, and was inflicted by either S or L, but it was not possible to determine which. Some injuries (facial bruising) were self-inflicted by K. The genital injury remained unexplained. There was no culpable failure to protect by S or L regarding the fracture, but both failed to provide reasonable care by leaving K in his high chair for extended periods, resulting in self-inflicted injury and risk of...

Citation
[2015] EWFC B85
Parties
Mother: S; Putative Father: J; Mother's Former Partner/intervener: L; Intervener (babysitter): M; Social Worker: HS; Children's Guardian: LJ; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
01 July 2015
Procedural Posture
Care Proceedings (children Act 1989 S31) / Fact Finding Hearing
Outcome
Findings of fact made; threshold criteria met; no specific order detailed in the provided text.
Legal Topics
Care Proceedings, Non Accidental Injury, Threshold Criteria, Failure to Protect, Expert Medical Evidence
Family Law Child Protection Care Proceedings Non Accidental Injury Threshold Criteria Failure to Protect Expert Medical Evidence

Case Brief

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Parties

S

Mother

J

Putative Father

L

Mother's Former Partner/intervener

M

Intervener (babysitter)

HS

Social Worker

LJ

Children's Guardian

Local Authority

Applicant

Procedural Posture

Care Proceedings (children Act 1989 S31) / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to K were inflicted or accidental
  2. 2 Whether the threshold criteria under s31 Children Act 1989 are met
  3. 3 Identification of possible perpetrators of injuries

Ratio Decidendi

The court found that the threshold criteria under s31 Children Act 1989 were met in respect of K. The only individuals with a real possibility of causing K's physical injuries were S and L. The fractured clavicle was an inflicted injury caused by significant force, not explained by accidental means, and was inflicted by either S or L, but it was not possible to determine which. Some injuries (facial bruising) were self-inflicted by K. The genital injury remained unexplained. There was no culpable failure to protect by S or L regarding the fracture, but both failed to provide reasonable care by leaving K in his high chair for extended periods, resulting in self-inflicted injury and risk of...

Court Disposition

Findings of fact made; threshold criteria met; no specific order detailed in the provided text.