E, A And L (Children) [2014] EWHC B21 (Fam) (24 May 2013)

E, A And L (Children) [2014] EWHC B21 (Fam) (24 May 2013)

The court found that E's injuries were non-accidental, caused by MI through grossly inappropriate and excessive force on multiple occasions. MI's explanations were not credible or complete. The threshold criteria under Section 31 of the Children Act 1989 were met in respect of all three children due to MI's conduct...

Source-derived case information.

Citation
[2014] EWHC B21 (Fam)
Parties
Subject Child: A (a child); Subject Child: L (a child); Subject Child: E (a child); Father of a and L: DH; Father of E, Stepfather of a and L: MI; Mother of A, L, and E: Mother; Applicant: Local Authority; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Care Proceedings (fact Finding Hearing) / Fact Finding Judgment
Outcome
Threshold criteria met; fact-finding in favour of Local Authority
Legal Topics
Non Accidental Injury, Care Orders, Threshold Criteria, Parental Responsibility, Risk Assessment
Family Law Child Protection Non Accidental Injury Care Orders Threshold Criteria Parental Responsibility Risk Assessment

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Parties

A (a child)

Subject Child

L (a child)

Subject Child

E (a child)

Subject Child

DH

Father of a and L

MI

Father of E, Stepfather of a and L

Mother

Mother of A, L, and E

Local Authority

Applicant

Guardian

Children's Guardian

Procedural Posture

Care Proceedings (fact Finding Hearing) / Fact Finding Judgment

Legal Issues

  1. 1 Whether injuries to E were non-accidental and caused by MI
  2. 2 Whether MI poses a risk of sexual or physical harm to A, L, or E
  3. 3 Whether DH poses a risk of sexual harm to his daughters

Ratio Decidendi

The court found that E's injuries were non-accidental, caused by MI through grossly inappropriate and excessive force on multiple occasions. MI's explanations were not credible or complete. The threshold criteria under Section 31 of the Children Act 1989 were met in respect of all three children due to MI's conduct and the mother's inability to protect them. DH was found to present a low risk to his daughters. The mother was found to be a loving parent but failed to protect her children from MI's behaviour.

Court Disposition

Threshold criteria met; fact-finding in favour of Local Authority

Orders

  • Findings of non-accidental injury against MI
  • Findings of failure to protect against the mother