Lincolnshire County Council v KP & Ors [2014] EWFC B129 (03 October 2014)
The local authority failed to establish on the balance of probabilities that A's injuries were non-accidental or that the threshold for a care order under s 31(2) Children Act 1989 was met, due to significant uncertainty introduced by new medical evidence indicating a possible unknown medical cause.
- Citation
- [2014] EWFC B129
- Parties
- Mother: KP; Father: LC; Mother's Partner: CG; Applicant: Local Authority; Child: A
- Jurisdiction
- England and Wales
- Judgment Date
- 03 October 2014
- Procedural Posture
- Care Proceedings / Fact Finding Judgment
- Outcome
- application dismissed
- Legal Topics
- Care Orders, Non Accidental Injury, Threshold Criteria, Burden of Proof, Unknown Causation
Case Brief
Summary, issues, holding and outcome
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Parties
KP
Mother
LC
Father
CG
Mother's Partner
Local Authority
Applicant
A
Child
Procedural Posture
Care Proceedings / Fact Finding Judgment
Legal Issues
- 1 Whether the threshold for a care order under s 31(2) Children Act 1989 is met
- 2 Whether A's injuries were non-accidental and, if so, whether the perpetrator can be identified
- 3 Whether the injuries could be attributed to an unknown medical cause
Ratio Decidendi
The local authority failed to establish on the balance of probabilities that A's injuries were non-accidental or that the threshold for a care order under s 31(2) Children Act 1989 was met, due to significant uncertainty introduced by new medical evidence indicating a possible unknown medical cause.
Court Disposition
application dismissed
Orders
- Application for care order dismissed
- Mother and interveners exonerated of any wrongdoing
Full Case Text
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