A Local Authority v R/B Children [2014] EWCC B79 (Fam) (19 March 2013)

A Local Authority v R/B Children [2014] EWCC B79 (Fam) (19 March 2013)

The Local Authority failed to prove on the balance of probabilities that either parent physically harmed L or J. The children's statements were inconsistent, lacked context, and were often demonstrably untrue. There was no corroborative medical evidence, and the parents had engaged with professionals. The threshold criteria were not met.

Citation
[2014] EWCC B79 (Fam)
Parties
Applicant: Local Authority; Mother/respondent: MB; Father/respondent: KR; Intervener: Children's Guardian
Jurisdiction
England and Wales
Judgment Date
19 March 2013
Procedural Posture
Care Proceedings (public Law Children) / Fact Finding and Threshold Criteria Hearing
Outcome
All allegations in the schedule 2-12 are dismissed. Threshold criteria not met.
Legal Topics
Threshold Criteria, Physical Abuse Allegations, Burden of Proof, Fact Finding, Working With Professionals
Family Law Child Protection Threshold Criteria Physical Abuse Allegations Burden of Proof Fact Finding Working With Professionals

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Parties

Local Authority

Applicant

MB

Mother/respondent

KR

Father/respondent

Children's Guardian

Intervener

Procedural Posture

Care Proceedings (public Law Children) / Fact Finding and Threshold Criteria Hearing

Legal Issues

  1. 1 Whether the parents physically abused the children L and J
  2. 2 Whether the parents are unable to work consistently and openly with professionals
  3. 3 Whether the threshold criteria under s.31 Children Act 1989 are met

Ratio Decidendi

The Local Authority failed to prove on the balance of probabilities that either parent physically harmed L or J. The children's statements were inconsistent, lacked context, and were often demonstrably untrue. There was no corroborative medical evidence, and the parents had engaged with professionals. The threshold criteria were not met.

Court Disposition

All allegations in the schedule 2-12 are dismissed. Threshold criteria not met.

Orders

  • No findings of physical abuse against the parents.
  • No finding that the parents are unable to work consistently and openly with professionals.