X and Y (fact finding - threshold) [2019] EWFC B11 (18 March 2019)

X and Y (fact finding - threshold) [2019] EWFC B11 (18 March 2019)

Y's injury was caused by the father's negligent handling, not by deliberate or reckless conduct. The father's actions fell below the standard of reasonable parenting but did not amount to recklessness or intentional harm. The mother did not fail to protect Y or X, nor did she act unreasonably in seeking medical attention. The threshold for significant harm was met in respect of Y due to the injury and delay in seeking treatment, but not in respect of X. The evidence did not support findings of deliberate harm or risk to X.

Citation
[2019] EWFC B11
Parties
Mother: M; Father: F; Child: X; Child: Y; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
18 March 2019
Procedural Posture
Care Proceedings (children Act 1989 S.31) / Fact Finding Hearing
Outcome
Threshold criteria met in respect of Y but not X. Findings of negligent injury by father; no findings of deliberate harm or failure to protect by mother.
Legal Topics
Non Accidental Injury, Threshold Criteria, Negligence, Parental Responsibility, Significant Harm, Section 31 Children Act 1989
Family Law Child Protection Non Accidental Injury Threshold Criteria Negligence Parental Responsibility Significant Harm Section 31 Children Act 1989

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Parties

M

Mother

F

Father

X

Child

Y

Child

Local Authority

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether Y's injury was non-accidental and attributable to parental care
  2. 2 Whether threshold criteria under s.31(2) Children Act 1989 are met
  3. 3 Whether either parent failed to protect Y or X

Ratio Decidendi

Y's injury was caused by the father's negligent handling, not by deliberate or reckless conduct. The father's actions fell below the standard of reasonable parenting but did not amount to recklessness or intentional harm. The mother did not fail to protect Y or X, nor did she act unreasonably in seeking medical attention. The threshold for significant harm was met in respect of Y due to the injury and delay in seeking treatment, but not in respect of X. The evidence did not support findings of deliberate harm or risk to X.

Court Disposition

Threshold criteria met in respect of Y but not X. Findings of negligent injury by father; no findings of deliberate harm or failure to protect by mother.

Orders

  • Interim care orders to continue pending welfare hearing
  • No findings of deliberate or reckless harm