EN (non accidental injury), Re [2015] EWFC B159 (03 July 2015)

EN (non accidental injury), Re [2015] EWFC B159 (03 July 2015)

The court found, on the balance of probabilities, that EN's fractured femur and bruising were non-accidental injuries inflicted by the mother, and that EN was exposed to domestic violence, satisfying the threshold criteria for care proceedings under S31(2) Children Act 1989.

Citation
[2015] EWFC B159
Parties
Mother: LN; Father: PG; Child: EN; Third Party: CK; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made against the mother; threshold criteria satisfied for care proceedings.
Legal Topics
Non Accidental Injury, Domestic Violence, Threshold Criteria, Parental Responsibility
Family Law Child Protection Non Accidental Injury Domestic Violence Threshold Criteria Parental Responsibility

Case Brief

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Parties

LN

Mother

PG

Father

EN

Child

CK

Third Party

Local Authority

Applicant

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether EN's injuries were non-accidental
  2. 2 Identification of perpetrator of injuries
  3. 3 Exposure of EN to domestic violence

Ratio Decidendi

The court found, on the balance of probabilities, that EN's fractured femur and bruising were non-accidental injuries inflicted by the mother, and that EN was exposed to domestic violence, satisfying the threshold criteria for care proceedings under S31(2) Children Act 1989.

Court Disposition

Findings made against the mother; threshold criteria satisfied for care proceedings.

Orders

  • EN to remain in foster care pending further proceedings
  • No finding against CK as perpetrator