JB, Re [2016] EWFC B15 (07 March 2016)

JB, Re [2016] EWFC B15 (07 March 2016)

On the balance of probabilities, JB suffered non-accidental injuries in December 2014 and August 2015. SB was responsible for the fractures caused to JB in December 2014. The mother failed to protect JB from harm and was not truthful about the events, but is unlikely to have inflicted the injuries herself. BF and VF are excluded as perpetrators. The explanations provided by the mother and SB for the injuries in August 2015 are not consistent with the medical evidence, and the injuries are highly suspicious for non-accidental injury.

Citation
[2016] EWFC B15
Parties
Mother: JR; Father: JC; Intervener/partner of Mother: SB; Second Intervener/paternal Grandparent: BF; Second Intervener/paternal Grandparent: VF; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
07 March 2016
Procedural Posture
Public Law Care Proceedings / Fact Finding Hearing
Outcome
Findings of non-accidental injury made. SB found to have caused December 2014 injuries. Mother found to have failed to protect JB. BF and VF excluded as perpetrators.
Legal Topics
Non Accidental Injury, Care Proceedings, Threshold Criteria, Identification of Perpetrator, Failure to Protect
Family Law Child Protection Non Accidental Injury Care Proceedings Threshold Criteria Identification of Perpetrator Failure to Protect

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Parties

JR

Mother

JC

Father

SB

Intervener/partner of Mother

BF

Second Intervener/paternal Grandparent

VF

Second Intervener/paternal Grandparent

Local Authority

Applicant

Procedural Posture

Public Law Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether JB suffered non-accidental injuries in December 2014 and August 2015
  2. 2 Whether the injuries were caused by the mother, SB, or others
  3. 3 Whether the mother failed to protect JB from harm

Ratio Decidendi

On the balance of probabilities, JB suffered non-accidental injuries in December 2014 and August 2015. SB was responsible for the fractures caused to JB in December 2014. The mother failed to protect JB from harm and was not truthful about the events, but is unlikely to have inflicted the injuries herself. BF and VF are excluded as perpetrators. The explanations provided by the mother and SB for the injuries in August 2015 are not consistent with the medical evidence, and the injuries are highly suspicious for non-accidental injury.

Court Disposition

Findings of non-accidental injury made. SB found to have caused December 2014 injuries. Mother found to have failed to protect JB. BF and VF excluded as perpetrators.

Orders

  • Findings to inform future care planning for JB
  • Local authority to progress case to ensure JB's safety