E (a child), Re [2015] EWFC B119 (22 July 2015)

E (a child), Re [2015] EWFC B119 (22 July 2015)

On the balance of probabilities, E's injuries were caused by non-accidental trauma, most likely shaking, and neither parent can be excluded from the pool of possible perpetrators. The state of the family home at the relevant time also satisfies threshold criteria for intervention.

Citation
[2015] EWFC B119
Parties
Mother: K; Father: D; Maternal Grandmother: J; Applicant: Local Authority; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
22 July 2015
Procedural Posture
Care Proceedings / Fact Finding Hearing
Outcome
Findings made that E suffered non-accidental injuries and threshold criteria are satisfied; neither parent excluded from pool of possible perpetrators.
Legal Topics
Non Accidental Injury, Burden of Proof, Standard of Proof, Identification of Perpetrator, Threshold Criteria, Parental Responsibility
Family Law Child Protection Non Accidental Injury Burden of Proof Standard of Proof Identification of Perpetrator Threshold Criteria Parental Responsibility

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Parties

K

Mother

D

Father

J

Maternal Grandmother

Local Authority

Applicant

Guardian

Guardian

Procedural Posture

Care Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether E's injuries were accidental or non-accidental
  2. 2 If non-accidental, who was responsible
  3. 3 Whether parents provided a truthful account

Ratio Decidendi

On the balance of probabilities, E's injuries were caused by non-accidental trauma, most likely shaking, and neither parent can be excluded from the pool of possible perpetrators. The state of the family home at the relevant time also satisfies threshold criteria for intervention.

Court Disposition

Findings made that E suffered non-accidental injuries and threshold criteria are satisfied; neither parent excluded from pool of possible perpetrators.

Orders

  • E to remain in foster care pending further welfare determination
  • Regular supervised contact for parents