Baby SH (Fact-finding) [2020] EWFC B83 (20 November 2020)

Baby SH (Fact-finding) [2020] EWFC B83 (20 November 2020)

The court found, on the balance of probabilities, that Child A suffered multiple non-accidental injuries (including 16 rib fractures, 3 metaphyseal fractures, and a femur fracture) and failure to thrive due to neglect. The injuries were not explained by accidental causes or medical conditions. The parents failed to provide adequate care, did not follow medical advice, and the home conditions were poor. The perpetrator of the injuries could not be identified on the balance of probabilities, but both parents were in the pool of possible perpetrators. The threshold for significant harm was met. The parents were not able to provide safe care for Child A, and a Special Guardianship Order in...

Citation
[2020] EWFC B83
Parties
Applicant: Local Authority; Mother: TS; Father: AH; Allocated Social Worker: KB; Guardian: HF
Jurisdiction
England and Wales
Judgment Date
20 November 2020
Procedural Posture
Care Proceedings / Fact Finding Hearing / Fact Finding and Welfare Hearing, Judgment
Outcome
Special Guardianship Order granted in favour of CJ and KJ; findings of non-accidental injury and neglect made; parents not exonerated but not specifically identified as perpetrators.
Legal Topics
Non Accidental Injury, Care Orders, Special Guardianship, Failure to Thrive, Neglect, Threshold Criteria, Fact Finding, Burden of Proof
Family Law Child Protection Non Accidental Injury Care Orders Special Guardianship Failure to Thrive Neglect Threshold Criteria +2 more

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Parties

Local Authority

Applicant

TS

Mother

AH

Father

KB

Allocated Social Worker

HF

Guardian

Procedural Posture

Care Proceedings / Fact Finding Hearing / Fact Finding and Welfare Hearing, Judgment

Legal Issues

  1. 1 Whether injuries to Child A were non-accidental and, if so, who perpetrated them
  2. 2 Whether Child A's failure to thrive was due to neglect or medical causes
  3. 3 Whether the home conditions and parental care met the threshold for significant harm

Ratio Decidendi

The court found, on the balance of probabilities, that Child A suffered multiple non-accidental injuries (including 16 rib fractures, 3 metaphyseal fractures, and a femur fracture) and failure to thrive due to neglect. The injuries were not explained by accidental causes or medical conditions. The parents failed to provide adequate care, did not follow medical advice, and the home conditions were poor. The perpetrator of the injuries could not be identified on the balance of probabilities, but both parents were in the pool of possible perpetrators. The threshold for significant harm was met. The parents were not able to provide safe care for Child A, and a Special Guardianship Order in...

Court Disposition

Special Guardianship Order granted in favour of CJ and KJ; findings of non-accidental injury and neglect made; parents not exonerated but not specifically identified as perpetrators.

Orders

  • Special Guardianship Order for Child A to CJ and KJ
  • Findings of fact: non-accidental injuries and neglect