H (A Child) [2014] EWCC B51 (Fam) (02 April 2014)

H (A Child) [2014] EWCC B51 (Fam) (02 April 2014)

The court found, on the balance of probability, that VH's injuries (brain bleeds, limb fractures, and bruising) were non-accidental, caused by shaking and pulling/twisting forces, and occurred at specific times excluding certain individuals from the pool of perpetrators. The evidence did not support accidental or medical explanations. The court accepted expert consensus and excluded KH as a possible perpetrator based on timing.

Citation
[2014] EWCC B51 (Fam)
Parties
Mother: NH; Father: JW; Maternal Aunt: KH; Mother's Partner: GD; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
02 April 2014
Procedural Posture
Child Protection Proceedings / Fact Finding Judgment
Outcome
Fact-finding: injuries found to be non-accidental; pool of perpetrators narrowed; KH excluded.
Legal Topics
Non Accidental Injury, Burden of Proof, Identification of Perpetrator, Failure to Protect
Family Law Child Protection Non Accidental Injury Burden of Proof Identification of Perpetrator Failure to Protect

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NH

Mother

JW

Father

KH

Maternal Aunt

GD

Mother's Partner

Local Authority

Applicant

Procedural Posture

Child Protection Proceedings / Fact Finding Judgment

Legal Issues

  1. 1 Were the injuries suffered by VH non-accidental?
  2. 2 Can the court identify the likely perpetrator of the injuries?
  3. 3 Did any other member of the pool of perpetrators fail to protect VH?

Ratio Decidendi

The court found, on the balance of probability, that VH's injuries (brain bleeds, limb fractures, and bruising) were non-accidental, caused by shaking and pulling/twisting forces, and occurred at specific times excluding certain individuals from the pool of perpetrators. The evidence did not support accidental or medical explanations. The court accepted expert consensus and excluded KH as a possible perpetrator based on timing.

Court Disposition

Fact-finding: injuries found to be non-accidental; pool of perpetrators narrowed; KH excluded.

Orders

  • Local authority not successful in establishing KH as a possible perpetrator.
  • Findings to inform subsequent welfare proceedings.