R-T, Re [2017] EWFC B17 (25 April 2017)

R-T, Re [2017] EWFC B17 (25 April 2017)

The court found, on the balance of probabilities, that L ingested a toxic dose of carbamazepine while in the care of BR and/or JP, and that this was not accidental but the result of a deliberate or reckless act by an adult carer. The evidence did not support accidental ingestion at CT's home. The court also found that L had ingested carbamazepine on multiple previous occasions, that all three adults failed to protect the children from harm, and that the children were exposed to significant harm through neglect, domestic abuse, and parental drug use.

Citation
[2017] EWFC B17
Parties
Father/respondent: BR; Mother/respondent: CT; Partner/respondent: JP; Child/subject: P; Child/subject: R; Child/subject: L; Child/subject: MG; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
25 April 2017
Procedural Posture
Care and Supervision Proceedings (children Act 1989) / Fact Finding Judgment
Outcome
Findings of significant harm and threshold met for care and supervision orders under s.31 Children Act 1989.
Legal Topics
Care Proceedings, Significant Harm, Parental Responsibility, Domestic Abuse, Drug Ingestion by Child, Neglect, Exposure to Domestic Violence
Family Law Child Protection Care Proceedings Significant Harm Parental Responsibility Domestic Abuse Drug Ingestion by Child Neglect +1 more

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Parties

BR

Father/respondent

CT

Mother/respondent

JP

Partner/respondent

P

Child/subject

R

Child/subject

L

Child/subject

MG

Child/subject

Local Authority

Applicant

Procedural Posture

Care and Supervision Proceedings (children Act 1989) / Fact Finding Judgment

Legal Issues

  1. 1 Whether L ingested carbamazepine accidentally or as a result of a deliberate or reckless act
  2. 2 When and in whose care did L ingest carbamazepine
  3. 3 Whether L ingested carbamazepine on other occasions

Ratio Decidendi

The court found, on the balance of probabilities, that L ingested a toxic dose of carbamazepine while in the care of BR and/or JP, and that this was not accidental but the result of a deliberate or reckless act by an adult carer. The evidence did not support accidental ingestion at CT's home. The court also found that L had ingested carbamazepine on multiple previous occasions, that all three adults failed to protect the children from harm, and that the children were exposed to significant harm through neglect, domestic abuse, and parental drug use.

Court Disposition

Findings of significant harm and threshold met for care and supervision orders under s.31 Children Act 1989.

Orders

  • Interim care orders for P, R, L, and MG to continue.
  • Local authority to have responsibility for the children's placements and welfare.