P (A Child) [2015] EWFC B5 (20 January 2015)

P (A Child) [2015] EWFC B5 (20 January 2015)

P suffered significant harm in the form of fractures to arm and leg; harm attributable to care not being what would be reasonable to expect; injuries likely non-accidental, caused by acts or omissions of mother and/or father; threshold criteria under Section 31(2) Children Act 1989 satisfied; court unable to identify specific perpetrator but both parents remain in pool of possible perpetrators.

Citation
[2015] EWFC B5
Parties
Mother: AB; Father: RL; Child: P; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
20 January 2015
Procedural Posture
Care Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
Threshold criteria satisfied; findings made of non-accidental injury; both parents remain in pool of possible perpetrators; care order may be considered.
Legal Topics
Non Accidental Injury, Threshold Criteria, Care Order, Section 31 Children Act 1989
Family Law Child Protection Non Accidental Injury Threshold Criteria Care Order Section 31 Children Act 1989

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Parties

AB

Mother

RL

Father

P

Child

Local Authority

Applicant

Procedural Posture

Care Proceedings (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether P's injuries were non-accidental
  2. 2 Whether injuries attributable to parental care
  3. 3 Identification of possible perpetrators

Ratio Decidendi

P suffered significant harm in the form of fractures to arm and leg; harm attributable to care not being what would be reasonable to expect; injuries likely non-accidental, caused by acts or omissions of mother and/or father; threshold criteria under Section 31(2) Children Act 1989 satisfied; court unable to identify specific perpetrator but both parents remain in pool of possible perpetrators.

Court Disposition

Threshold criteria satisfied; findings made of non-accidental injury; both parents remain in pool of possible perpetrators; care order may be considered.

Orders

  • Findings of fact as per Schedule of Proposed Findings
  • Threshold criteria under Section 31(2) Children Act 1989 satisfied