RBW&M v T&T [2015] EWFC B191 (4 December 2015)

RBW&M v T&T [2015] EWFC B191 (4 December 2015)

LT suffered an unexplained skull fracture while in her mother's care, most likely overnight on 21 July 2015. The mother's explanations were inconsistent and not credible, and she failed to provide a truthful account to medical professionals. The cause of the fracture remains unexplained, but all findings sought by...

Source-derived case information.

Citation
[2015] EWFC B191
Parties
Child: LT; Mother: CT; Father: NT; Family Friends/carers: Mr and Mrs G; Applicant: Local Authority; Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
04 December 2015
Procedural Posture
Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing
Outcome
Findings sought by Local Authority proved on balance of probabilities; cause of fracture unexplained.
Legal Topics
Non Accidental Injury, Causation, Parental Responsibility, Burden of Proof, Standard of Proof
Family Law Child Protection Non Accidental Injury Causation Parental Responsibility Burden of Proof Standard of Proof

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Parties

LT

Child

CT

Mother

NT

Father

Mr and Mrs G

Family Friends/carers

Local Authority

Applicant

Guardian

Guardian

Procedural Posture

Care Proceedings (fact Finding Hearing) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Causation and perpetration of LT's skull fracture
  2. 2 Whether the injury was accidental or non-accidental
  3. 3 Credibility of mother's explanations

Ratio Decidendi

LT suffered an unexplained skull fracture while in her mother's care, most likely overnight on 21 July 2015. The mother's explanations were inconsistent and not credible, and she failed to provide a truthful account to medical professionals. The cause of the fracture remains unexplained, but all findings sought by the Local Authority are proved on balance of probabilities except for deliberate infliction.

Court Disposition

Findings sought by Local Authority proved on balance of probabilities; cause of fracture unexplained.

Orders

  • LT remains in care of Mr and Mrs G under child arrangements order.
  • No findings made against NT.