MCR (A Child -finding of fact hearing), Re [2016] EWFC B74 (22 June 2016)

MCR (A Child -finding of fact hearing), Re [2016] EWFC B74 (22 June 2016)

The court found, on the balance of probabilities, that the child suffered non-accidental, inflicted injuries while in the care of the mother and intervenor, both of whom failed to provide a credible account and failed to protect the child. The evidence did not support a finding of fabricated or induced illness causing significant harm, nor that the mother's exaggeration of symptoms crossed the threshold for significant harm. Both mother and intervenor failed to work openly and honestly with professionals, placing the child at risk. The pool of perpetrators for the inflicted injuries is limited to the mother and intervenor; the person who did not inflict the injuries failed to protect the...

Citation
[2016] EWFC B74
Parties
Applicant: Local Authority; Mother/respondent: DS; Father/respondent: NG; Intervenor/respondent: Intervenor
Jurisdiction
England and Wales
Judgment Date
22 June 2016
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing
Outcome
Threshold criteria under s.31 Children Act 1989 satisfied in respect of inflicted injury and failure to protect; not satisfied in respect of fabricated or induced illness.
Legal Topics
Care Proceedings, Non Accidental Injury, Threshold Criteria, Fabricated or Induced Illness, Parental Responsibility, Expert Evidence, Domestic Violence
Family Law Child Protection Care Proceedings Non Accidental Injury Threshold Criteria Fabricated or Induced Illness Parental Responsibility Expert Evidence +1 more

Case Brief

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Parties

Local Authority

Applicant

DS

Mother/respondent

NG

Father/respondent

Intervenor

Intervenor/respondent

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing

Legal Issues

  1. 1 Whether the threshold criteria under s.31 Children Act 1989 are satisfied
  2. 2 Whether injuries to the child were non-accidental and inflicted
  3. 3 Whether the mother fabricated or exaggerated illness in the child

Ratio Decidendi

The court found, on the balance of probabilities, that the child suffered non-accidental, inflicted injuries while in the care of the mother and intervenor, both of whom failed to provide a credible account and failed to protect the child. The evidence did not support a finding of fabricated or induced illness causing significant harm, nor that the mother's exaggeration of symptoms crossed the threshold for significant harm. Both mother and intervenor failed to work openly and honestly with professionals, placing the child at risk. The pool of perpetrators for the inflicted injuries is limited to the mother and intervenor; the person who did not inflict the injuries failed to protect the...

Court Disposition

Threshold criteria under s.31 Children Act 1989 satisfied in respect of inflicted injury and failure to protect; not satisfied in respect of fabricated or induced illness.

Orders

  • Declaration of paternity and parental responsibility for NG (father) granted by consent.
  • Findings made as to non-accidental injury, pool of perpetrators, and failure to protect.