X and Y (fact finding), Re [2018] EWFC B15 (23 March 2018)

X and Y (fact finding), Re [2018] EWFC B15 (23 March 2018)

On the balance of probabilities, the father caused Y's femur fracture and torn frenulum by rough and excessive handling, beyond normal childcare, while in a state of panic and loss of control. The injuries were not purely accidental. The father failed to be open about the events, resulting in delayed medical attention and additional pain for Y. The mother did not act unreasonably given her knowledge at the time. Both children are at risk of harm from the father as a result of these findings.

Citation
[2018] EWFC B15
Parties
Mother: AB; Father: CD; Applicant: Local Authority; Subject Child: X (child); Subject Child: Y (child); Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
23 March 2018
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Judgment
Outcome
Findings of fact made against the father; threshold for care proceedings met; risk of harm to children established.
Legal Topics
Non Accidental Injury, Threshold Criteria, Care Orders, Burden of Proof, Medical Evidence, Risk of Harm
Family Law Child Protection Non Accidental Injury Threshold Criteria Care Orders Burden of Proof Medical Evidence Risk of Harm

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Parties

AB

Mother

CD

Father

Local Authority

Applicant

X (child)

Subject Child

Y (child)

Subject Child

Guardian

Children's Guardian

Procedural Posture

Care Proceedings (children Act 1989 S.31) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to Y were caused non-accidentally by the father
  2. 2 Whether the mother delayed seeking medical attention for Y
  3. 3 Whether the father concealed the cause of injuries

Ratio Decidendi

On the balance of probabilities, the father caused Y's femur fracture and torn frenulum by rough and excessive handling, beyond normal childcare, while in a state of panic and loss of control. The injuries were not purely accidental. The father failed to be open about the events, resulting in delayed medical attention and additional pain for Y. The mother did not act unreasonably given her knowledge at the time. Both children are at risk of harm from the father as a result of these findings.

Court Disposition

Findings of fact made against the father; threshold for care proceedings met; risk of harm to children established.

Orders

  • Interim care orders to continue; children to remain with mother under supervision in maternal grandmother's home.
  • Local authority to undertake risk assessment and consider future care planning.