A (fact finding, rib injuries), Re [2019] EWFC B89 (30 September 2019)

A (fact finding, rib injuries), Re [2019] EWFC B89 (30 September 2019)

On the balance of probabilities, the injuries to A—specifically the facial injuries, torn frenulum, knee bruise, and rib fractures—were inflicted and not accidental or organic in origin. The expert medical evidence overwhelmingly supports non-accidental causation, and alternative explanations such as overlaying or accidental injury are, at best, remote theoretical possibilities unsupported by clinical or scientific evidence. Both parents are included in the pool of possible perpetrators as there is a real possibility that either could have caused the injuries. The threshold criteria under s.31 Children Act 1989 are met: A has suffered significant harm attributable to parental care that...

Citation
[2019] EWFC B89
Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father
Jurisdiction
England and Wales
Judgment Date
30 September 2019
Procedural Posture
Care Proceedings / Fact Finding Rehearing
Outcome
Findings of fact made that A's injuries were inflicted and non-accidental; both parents included in pool of possible perpetrators; threshold criteria under s.31 Children Act 1989 met.
Legal Topics
Non Accidental Injury, Care Orders, Threshold Criteria, Burden of Proof, Expert Evidence
Family Law Child Protection Non Accidental Injury Care Orders Threshold Criteria Burden of Proof Expert Evidence

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Procedural Posture

Care Proceedings / Fact Finding Rehearing

Legal Issues

  1. 1 Whether the injuries sustained by A were inflicted (non-accidental) or accidental in origin
  2. 2 Whether the threshold criteria under s.31 Children Act 1989 are met
  3. 3 Whether either or both parents are in the pool of possible perpetrators

Ratio Decidendi

On the balance of probabilities, the injuries to A—specifically the facial injuries, torn frenulum, knee bruise, and rib fractures—were inflicted and not accidental or organic in origin. The expert medical evidence overwhelmingly supports non-accidental causation, and alternative explanations such as overlaying or accidental injury are, at best, remote theoretical possibilities unsupported by clinical or scientific evidence. Both parents are included in the pool of possible perpetrators as there is a real possibility that either could have caused the injuries. The threshold criteria under s.31 Children Act 1989 are met: A has suffered significant harm attributable to parental care that...

Court Disposition

Findings of fact made that A's injuries were inflicted and non-accidental; both parents included in pool of possible perpetrators; threshold criteria under s.31 Children Act 1989 met.

Orders

  • Matter to proceed to welfare stage for determination of A's future care arrangements.