G (interim threshold) [2017] EWFC B34 (20 June 2017)

G (interim threshold) [2017] EWFC B34 (20 June 2017)

The court found that the evidence, including expert medical opinion, was ultimately speculative and insufficient to establish reasonable grounds to believe that G's injuries were caused by non-accidental parental action or omission. The threshold for interim public law orders was not crossed because the evidence did not provide a solid foundation for such a belief.

Citation
[2017] EWFC B34
Parties
Applicant: Local Authority; First Respondent / Mother: AB; Second Respondent / Father: BB; Guardian: NA (Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
20 June 2017
Procedural Posture
Care Proceedings (public Law) / Interim Threshold Hearing
Outcome
Application for interim care order/interim supervision order dismissed; application for care order also dismissed.
Legal Topics
Interim Care Orders, Threshold Criteria, Non Accidental Injury, Significant Harm, Burden of Proof
Family Law Child Protection Interim Care Orders Threshold Criteria Non Accidental Injury Significant Harm Burden of Proof

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Parties

Local Authority

Applicant

AB

First Respondent / Mother

BB

Second Respondent / Father

NA (Children's Guardian)

Guardian

Procedural Posture

Care Proceedings (public Law) / Interim Threshold Hearing

Legal Issues

  1. 1 Whether the interim threshold for making public law orders under s.38 Children Act 1989 is crossed
  2. 2 Whether there are reasonable grounds to believe the children have suffered or are likely to suffer significant harm attributable to parental care

Ratio Decidendi

The court found that the evidence, including expert medical opinion, was ultimately speculative and insufficient to establish reasonable grounds to believe that G's injuries were caused by non-accidental parental action or omission. The threshold for interim public law orders was not crossed because the evidence did not provide a solid foundation for such a belief.

Court Disposition

Application for interim care order/interim supervision order dismissed; application for care order also dismissed.

Orders

  • Application for interim care order dismissed
  • Application for interim supervision order dismissed