Local Authority v A, B and D [2022] EWFC 23 (18 January 2022)

Local Authority v A, B and D [2022] EWFC 23 (18 January 2022)

The father's conviction for manslaughter is proof that he caused the fatal injuries to E unless he proves otherwise on the balance of probabilities, which he has not done. The Local Authority must prove, and has proved, on the balance of probabilities, that the father inflicted the earlier non-fatal injuries. The mother did not cause the injuries but failed to protect E and D by not recognising or acting on E's distress and failing to seek timely medical attention. The Local Authority's threshold for intervention is met.

Citation
[2022] EWFC 23
Parties
Applicant: Local Authority; Respondent Mother: A; Respondent Father: B; Child (by Guardian): D (child, by Guardian)
Jurisdiction
England and Wales
Judgment Date
18 January 2022
Procedural Posture
Care Proceedings / Fact Finding Hearing / Judgment After Fact Finding Hearing
Outcome
Findings of fact made as sought by the Local Authority; threshold for care proceedings met.
Legal Topics
Care Proceedings, Fact Finding, Child Death, Failure to Protect, Section 11 Civil Evidence Act 1968, Impact of Criminal Conviction in Family Proceedings
Family Law Child Protection Care Proceedings Fact Finding Child Death Failure to Protect Section 11 Civil Evidence Act 1968 Impact of Criminal Conviction in Family Proceedings

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Parties

Local Authority

Applicant

A

Respondent Mother

B

Respondent Father

D (child, by Guardian)

Child (by Guardian)

Procedural Posture

Care Proceedings / Fact Finding Hearing / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father caused the fatal and non-fatal injuries to E
  2. 2 Whether the mother failed to protect E and/or D
  3. 3 The effect of the father's criminal conviction for manslaughter in these proceedings

Ratio Decidendi

The father's conviction for manslaughter is proof that he caused the fatal injuries to E unless he proves otherwise on the balance of probabilities, which he has not done. The Local Authority must prove, and has proved, on the balance of probabilities, that the father inflicted the earlier non-fatal injuries. The mother did not cause the injuries but failed to protect E and D by not recognising or acting on E's distress and failing to seek timely medical attention. The Local Authority's threshold for intervention is met.

Court Disposition

Findings of fact made as sought by the Local Authority; threshold for care proceedings met.

Orders

  • Findings that the father inflicted fatal and non-fatal injuries to E, including shaking, blunt force trauma, and rib fractures.
  • Finding that the mother failed to protect E and D and failed to seek timely medical attention.