C (A Child) [2014] EWCC B58 (Fam) (28 February 2014)

C (A Child) [2014] EWCC B58 (Fam) (28 February 2014)

The court found that the fractures to C's right forearm were non-accidental and inflicted by the father between 4th and 7th November 2013 while C was in his care. The mother was exonerated from involvement in the injuries or failure to protect. The court could not find, on the evidence, that the rib fractures were non-accidental or attribute them to either parent. The father was found to have perpetrated domestic violence against the mother. The threshold for care proceedings was met due to the non-accidental injury, domestic abuse, and chaotic care provided by the father.

Citation
[2014] EWCC B58 (Fam)
Parties
Father: H; Mother: O; Child: C; Applicant: Local Authority; Witness: JF
Jurisdiction
England and Wales
Judgment Date
28 February 2014
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing and Threshold Determination
Outcome
Threshold for care proceedings met; findings of fact made as to non-accidental injury and domestic violence.
Legal Topics
Non Accidental Injury, Threshold Criteria, Domestic Violence, Care Proceedings, Burden of Proof, Fact Finding, Expert Evidence
Family Law Child Protection Non Accidental Injury Threshold Criteria Domestic Violence Care Proceedings Burden of Proof Fact Finding +1 more

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Parties

H

Father

O

Mother

C

Child

Local Authority

Applicant

JF

Witness

Procedural Posture

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

Legal Issues

  1. 1 Whether C's injuries were non-accidental and, if so, who perpetrated them
  2. 2 Whether threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Whether the mother failed to protect C or was involved in causing harm

Ratio Decidendi

The court found that the fractures to C's right forearm were non-accidental and inflicted by the father between 4th and 7th November 2013 while C was in his care. The mother was exonerated from involvement in the injuries or failure to protect. The court could not find, on the evidence, that the rib fractures were non-accidental or attribute them to either parent. The father was found to have perpetrated domestic violence against the mother. The threshold for care proceedings was met due to the non-accidental injury, domestic abuse, and chaotic care provided by the father.

Court Disposition

Threshold for care proceedings met; findings of fact made as to non-accidental injury and domestic violence.

Orders

  • Mother exonerated from causing or failing to protect from harm.
  • Father found to have inflicted non-accidental injury to C's arm and to have perpetrated domestic violence.