C (permission to withdraw; medical evidence; interim threshold not crossed), Re [2018] EWFC B37 (09 July 2018)

C (permission to withdraw; medical evidence; interim threshold not crossed), Re [2018] EWFC B37 (09 July 2018)

The court found that the evidence did not establish, on the balance of probabilities, that the marks on A were bruises or that she had suffered any injury in her parents' care. The interim threshold for making care orders was not crossed. The local authority was permitted to withdraw its applications and the interim care order was discharged.

Citation
[2018] EWFC B37
Parties
Child: A; Mother: B; Father: C; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
09 July 2018
Procedural Posture
Public Law Child Protection / Application to Withdraw Care/supervision Orders and Discharge Interim Care Order
Outcome
Application for care and supervision orders withdrawn; interim care order discharged; proceedings concluded.
Legal Topics
Interim Care Order, Emergency Protection Order, Non Accidental Injury, Threshold Criteria, Medical Evidence in Child Protection
Family Law Child Protection Interim Care Order Emergency Protection Order Non Accidental Injury Threshold Criteria Medical Evidence in Child Protection

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Parties

A

Child

B

Mother

C

Father

Local Authority

Applicant

Procedural Posture

Public Law Child Protection / Application to Withdraw Care/supervision Orders and Discharge Interim Care Order

Legal Issues

  1. 1 Whether interim threshold for making care orders was crossed
  2. 2 Whether marks on child constituted non-accidental injury
  3. 3 Whether there were reasonable grounds for believing the child suffered significant harm

Ratio Decidendi

The court found that the evidence did not establish, on the balance of probabilities, that the marks on A were bruises or that she had suffered any injury in her parents' care. The interim threshold for making care orders was not crossed. The local authority was permitted to withdraw its applications and the interim care order was discharged.

Court Disposition

Application for care and supervision orders withdrawn; interim care order discharged; proceedings concluded.

Orders

  • Permission granted to local authority to withdraw applications for care and supervision orders.
  • Interim care order discharged.