OCC v D & J [2015] EWFC B15 (24 February 2015)

OCC v D & J [2015] EWFC B15 (24 February 2015)

On the balance of probabilities, the injuries to ADJ's ear and upper left arm and the fracture to her clavicle were deliberately inflicted by either or both parents, and the bruises to her cheeks were caused by inadequate supervision. The evidence did not allow identification of one parent over the other as...

Source-derived case information.

Citation
[2015] EWFC B15
Parties
Applicant: Local Authority; First Respondent: JD (mother); Second Respondent: JDJ (father); Subject Child: ADJ; Subject Child: MDJ
Jurisdiction
England and Wales
Judgment Date
24 February 2015
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings of fact made in favour of the Local Authority on all material allegations.
Legal Topics
Non Accidental Injury, Care Proceedings, Standard of Proof, Burden of Proof, Identification of Perpetrator, Supervision of Children
Family Law Child Protection Non Accidental Injury Care Proceedings Standard of Proof Burden of Proof Identification of Perpetrator Supervision of Children

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Parties

Local Authority

Applicant

JD (mother)

First Respondent

JDJ (father)

Second Respondent

ADJ

Subject Child

MDJ

Subject Child

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether injuries to ADJ were non-accidental and deliberately inflicted
  2. 2 Whether the parents failed to adequately supervise the children
  3. 3 Whether there was unreasonable delay in seeking medical attention for ADJ

Ratio Decidendi

On the balance of probabilities, the injuries to ADJ's ear and upper left arm and the fracture to her clavicle were deliberately inflicted by either or both parents, and the bruises to her cheeks were caused by inadequate supervision. The evidence did not allow identification of one parent over the other as perpetrator. Both parents failed to seek medical attention promptly for ADJ.

Court Disposition

Findings of fact made in favour of the Local Authority on all material allegations.

Orders

  • The bruises and excoriation to ADJ's ear and upper left arm were caused deliberately.
  • The bruises to ADJ's cheeks were caused by inadequate supervision by the parents.